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Posted

Hi,

We have been on adminstrative processing for over 2 years now. My fiancé and I have decided to file a writ of mandamus for our K1 case. However, our current lawyer has not been helpful in this process. We want to hire a new lawyer. Can you guys please give me some immigration lawyer recommendations that are located in the sacramento/Bay Area?

Filed: K-1 Visa Country: Wales
Timeline
Posted

Why do they have to be located there?

Never heard of this working for AP, but if you have the money...

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

I want a lawyer to be close to where I live. I don't feel comfortable hiring someone that's thousands of miles away.

If things don't work out, will they let us know why was taking so long for the processing to be over?

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

You could force a potential denial with a writ of mandamus if AP checks have not been completed. You would have to file again and go through

AP all over again. It's a gamble.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Posted

Hopefully the writ will work out. The bad thing is that I don't think the writ will compel or require the USEm to say why the AP is taking so long. The reason why I am saying that is that that information could be classified and therefore untouchable. I have read in DoS comment papers with those in the lawyer community always asking about the steps in AP, why AP takes so long, and if the petitioners could be told more about the process. The DoS response that I have seen has always been the same, "AP is complicated with many steps and each case different". They also bring in the national security thing, so that's cloaked up.

Start the writ, but before you do, make sure it's going to be worth it moneywise. Keep your eye on plan b.



Signature coming soon...

Posted

Thanks guys. I have looked into it a lot. I recently made an infopass appointment. They gave me the same answer and they weren't able to help me. I feel like because our case is so complicated it is time for us to get some closure. I'm willing to move down there with him if the writ doesn't work.

Filed: Timeline
Posted

Thanks guys. I have looked into it a lot. I recently made an infopass appointment. They gave me the same answer and they weren't able to help me. I feel like because our case is so complicated it is time for us to get some closure. I'm willing to move down there with him if the writ doesn't work.

All the writ will do is force a decision. It won't get you the "why" of the delay. Forcing the decision may come back on you because if there aren't the required clearances, as someone else pointed out, the only possible decision is to deny the visa becuase there isn't clearance to issue it. Good luck in whatever you decide!

Posted

Why move to Afg? Not only the common violence, but the thing I worry for you is the economy is so fragile. It's not a good place to settle. If something happens and you need to get out, without a job, paying for a plane ticket and accommodations will be tough. If you move, then make sure you maintain residency and keep filing income tax returns. Moving there will force you to abandon your K-1 visa, which could be a moot point with the writ, but you can also marry and perhaps try for a green card at a later time. But that's further down the road and your cash may be gone by then.

Look for possible jobs that may be available in Kabul. Indeed.com is a good resource. But I would highly suggest you look for jobs in Dubai or India first, seek residency in one of those two countries because he could visit you and perhaps move there faster and less cost. For Dubai, if he doesn't have a friend living there, you can get him sponsored for $1,500+ and the air fare is about $300 or so. He could apply to visit India for $0 and the airfare is about the same, maybe a little more. The cost of living in India is cheaper and the wages are lower. However, it seems that getting residency in Dubai is easier than in India.

I am not judging you for saying you would move to Afg, but the problem is after you are there. If the economy was better, then I would have no reservations in my comment, even with the attacks. It's the later down the road that I am concerned about. Without cash, being in that environment is much harder. If you had a job somewhere, you both benefit. If he has a job, and you are not able to work, you are depended on a single source of income that is at a high potential of decreasing further and further.



Signature coming soon...

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

Prepare to be denied because they take AP for security reasons very serious, I would wait out the rest of the time it takes.

Starting over will take long again. You have come this far, consider hanging on !

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

  • 1 month later...
Filed: AOS (apr) Country: Jamaica
Timeline
Posted
man·da·mus
manˈdāməs/
noun
LAW
  1. a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.
    "a writ of mandamus"
    I just saw this post. I would be careful in forcing a decision if background checks are not completed. Long APs for MENA countires are normal. You can research the below thread. There are others in your same situation. You just have to wait, unfortunately.
 
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