k1-visa lawsuit?

[destiny64 222]

http://entrylaw.com/tranclassaction.html

I found this in another post , and was curious about if people knew anything more about this?

One thing I never understood when my husband's k-1 visa was denied in 2010, USCIS said there

would be a review, it is not my error that they took until March to return it back to the U.S.

I agree that people are not given a chance to respond to a fiance visa denial when its stated that

there is a review. How is it they are allowed to not follow the process that they claim is part of

their law?

[Moomin 292]

There are seveal factors to take into account with that case;

1 - Vietnam is a high fraud country.

2 - embassies usually extends the validity of the NOA2 when it expires. However, the petitioner can write and personally ask for an extension to get a confirmation.

3 - Proof of ongoing relationship is crucial at some embassies. Sometimes the officer won't bother to look at the evidence brought that day, and frontloading a petition is best alternative.

4 - cultural norms/traditions can be taking into consideration. If there's a tradition of a big engagement party, then the embassy will most likely see it as a red flag if there aren't any pictures or proof of one.

I admit I don't really get the arguement "due to constitutional right(...)". There's no right when it comes to immigration; there are priviledges. And there's absolutely no right for a foreign fiance(e) or spouse being denied at embassy stage because they don't fall under constitutional rights - it's the visa application that was denied based on evidence submitted or lack thereof. Most couples are advised to do everything in their power to keep the application at the embassy and get a second interview because of the procedure with just letting the application/petition expire. That step was skipped according to the original complaint.

Challenge USCIS to a lawsuit? Not in a milion years do I plan on doing that. I'm not scared but it's rather pointless when the arguments aren't bulletproof. To me, rule number 1 is always-always-always know the next steps and stages of this process, especially when people are doing their own paperwork but generally speaking, too.

[Krikit 1,164]

Moving from IR-1/CR-1 Process to General Immigration-Related Discussion.

[destiny64 222]

I'm not planning on starting a lawsuit

I just wish they would follow what they say , I have it in writing that they would do a review on our returned fiance visa. I waited nearly a year, and with many phone calls I finally contacted the senators office. Finally the answer came that they don't review fiance visas once they are returned. Why send a letter stating they are reviewing if they are not? I never recieved a letter stating a formal denial either??!!! This is what I'm talking about. We follow what we are told to do by them, and then in the end its not really what

they want.

[elmcitymaven 9,712]

The case was dismissed by the 9th Circuit on Thursday under the doctrine of mootness (see Article III of the Constitution). Since two of the three plaintiffs married their once-denied fiancees, and the other plaintiff abandoned his K1, the issue became moot. Also, the plaintiffs did not move for class certification for unnamed people caught in similar circumstances, so the Court could not adjudicate the claims of the purported class.

[destiny64 222]

thanks for the update!