Writ of Mandamus

[Rose2019 45]

Hello everyone. 
I am seriously thinking about filing for writ of mandamus since my fiancé’s case has been under administrative processing for over 16 months. What do you guys think? Should I wait until things with covid-19 have settled a little until I file one or should I just go ahead and file it now? 

[Lucky2Lucky 2,526]

36 minutes ago, Rose2019 said:

Hello everyone. 
I am seriously thinking about filing for writ of mandamus since my fiancé’s case has been under administrative processing for over 16 months. What do you guys think? Should I wait until things with covid-19 have settled a little until I file one or should I just go ahead and file it now? 

Is your husband German or was he born somewhere else? Has he served in the military? 16 months is a long time for Germany from what I’ve seen here. You can file- it will force a decision and if it’s denied you will have to get married and file CR1- so it’s up to you if you want to go this route. I suggest searching VJ for writ of mandamus if you haven’t already to review others experience. I also will assume you’ve reached out to the embassy multiple times during these 16 months to make sure there was nothing needed on your end, correct? Good luck.

[milimelo 4,196]

OP’s fiancé is Afghan born - that’s the reason for extended AP. 

[Lucky2Lucky 2,526]

18 minutes ago, milimelo said:

OP’s fiancé is Afghan born - that’s the reason for extended AP. 

Thank you- I was assuming he was Muslim/from Afghanistan/Pakistan/Iraq. He’s going through a background check and it’s very likely the WOM will end in denial and you will have an equally or longer CR1. Personally I’d suggest stay where you are. The background check is taking long for a reason.

[geowrian 22,335]

Additionally, I personally wouldn't waste time with a WoM right now. Given the suspension of routine visa services and limited staff as a result of the pandemic, at least the last few months likely had very little to no progress, and they may not even be regularly issuing K-1 visas at that post still.

[Rose2019 45]

6 minutes ago, Luckycuds said:

Thank you- I was assuming he was Muslim/from Afghanistan/Pakistan/Iraq. He’s going through a background check and it’s very likely the WOM will end in denial and you will have an equally or longer CR1. Personally I’d suggest stay where you are. The background check is taking long for a reason.

Yes he is an Afghan National unfortunately. It’s sad that a person can be put into AP for so long due to race and religion. 

[Rose2019 45]

4 minutes ago, geowrian said:

Additionally, I personally wouldn't waste time with a WoM right now. Given the suspension of routine visa services and limited staff as a result of the pandemic, at least the last few months likely had very little to no progress, and they may not even be regularly issuing K-1 visas at that post still.

Thank you for your suggestion/advice. I will probably just wait then... 

I just saw on their website today that they are resuming limited visa processing but I don’t think the K-1 visa is included in that. I hope that will be the next... 

29 minutes ago, milimelo said:

OP’s fiancé is Afghan born - that’s the reason for extended AP. 

Thank you for answering  

[TinaTina 4]

1 hour ago, Rose2019 said:

Hello everyone. 
I am seriously thinking about filing for writ of mandamus since my fiancé’s case has been under administrative processing for over 16 months. What do you guys think? Should I wait until things with covid-19 have settled a little until I file one or should I just go ahead and file it now? 

16 months is too long for k1. File the writ. Embassies have started to reopen. If you get denied, you can get married. They can will ask for extension if they need more time (they can request it as many times they need, and I advise that your attorney grants it, its usually only 2 extension per case). 

[Rose2019 45]

My next question would be now is... would it affect our case at all if I were to move to Germany and live there until we hear something from the embassy. At this point I have no hopes that we will hear anything anytime soon. 

[Rose2019 45]

2 minutes ago, TinaTina said:

16 months is too long for k1. File the writ. Embassies have started to reopen. If you get denied, you can get married. They can will ask for extension if they need more time (they can request it as many times they need, and I advise that your attorney grants it, its usually only 2 extension per case). 

Yeah that’s what I am saying... I thought we would be able to hear something by now since 16 months is a long time but every time I try to reach out they are talking about covid-19. 
All I want to know right now is that is our case still under administrative processing or are we just waiting for the embassy to resume k1 visa processing at the consulate. Like I am so confused... 

[Rose2019 45]

39 minutes ago, Luckycuds said:

Is your husband German or was he born somewhere else? Has he served in the military? 16 months is a long time for Germany from what I’ve seen here. You can file- it will force a decision and if it’s denied you will have to get married and file CR1- so it’s up to you if you want to go this route. I suggest searching VJ for writ of mandamus if you haven’t already to review others experience. I also will assume you’ve reached out to the embassy multiple times during these 16 months to make sure there was nothing needed on your end, correct? Good luck.

Thank you, I really appreciate it. I need all the luck I can get at this point. 
yes I have reached out to the consulate many times over the past 16 months. Sometimes every few weeks or sometimes every month. I know they are probably sick and tired of my emails. But it has become very overwhelming. I have been through so much over the past 16 months it’s crazy. I just need an answer, that’s all. 
they said it would at least take a year but it’s way past a year at this point. 

[geowrian 22,335]

5 minutes ago, Rose2019 said:

Yes he is an Afghan National unfortunately. It’s sad that a person can be put into AP for so long due to race and religion. 

Not sure what religion has to do with it, but typically the issue is background checks with Afghanistan. The system there is deemed very unreliable and it results in an old-fashioned process of people digging through documents, possibly making visits, etc. to obtain and verify records. This is a very slow and very backlogged process.

Then there's factors of their line or field of work, any military experience, travel history, etc.

Typically this is more of an issue for a long-term resident, not just a national. There have been Afghan nationals from countries like Canada who have not been in Afghanistan since they were a child (no PCC needed) and didn't face long waits. There was very little to verify in Afghanistan, so the typical delays seen didn't apply.

 

See the DOS reciprocity website to verify: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Afghanistan.html

Quote

Police Records

Partially available for very limited periods.  Not required for the U.S. visa process due to their unreliability. 

...

Comments: These documents are considered to be completely unreliable and, as such, applicants for U.S. visas are not required to submit police clearances from Afghanistan.

 

[Rose2019 45]

3 minutes ago, geowrian said:

Not sure what religion has to do with it, but typically the issue is background checks with Afghanistan. The system there is deemed very unreliable and it results in an old-fashioned process of people digging through documents, possibly making visits, etc. to obtain and verify records. This is a very slow and very backlogged process.

Then there's factors of their line or field of work, any military experience, travel history, etc.

Typically this is more of an issue for a long-term resident, not just a national. There have been Afghan nationals from countries like Canada who have not been in Afghanistan since they were a child (no PCC needed) and didn't face long waits. There was very little to verify in Afghanistan, so the typical delays seen didn't apply.

 

See the DOS reciprocity website to verify: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Afghanistan.html

 

Oh I see, he has also traveled to Pakistan within the last 10 years and that could also probably be a factor. Idk, who knows anymore. 

[Lucky2Lucky 2,526]

18 minutes ago, Rose2019 said:

My next question would be now is... would it affect our case at all if I were to move to Germany and live there until we hear something from the embassy. At this point I have no hopes that we will hear anything anytime soon. 

It would only hurt if that means losing your income and you don’t have a joint sponsor. Also you’d have to wait for Americans to be allowed in. Unfortunately you will have to wait this out because he’s going to have extensive AP whichever route you go. Unfortunately Afghanistan has a high likelihood of being placed in AP and if he has a common name and someone with that name has been suspected of terrorist/illegal activities it will take awhile to check all the databases and investigate. Are you guys able to meet up in a third country in the meantime? Since US citizens can’t go to Germany currently.

 

Added- as you know Covid has and will make the process even slower.

Edited July 21, 2020 by Luckycuds

[Lucky2Lucky 2,526]

1 minute ago, Rose2019 said:

Oh I see, he has also traveled to Pakistan within the last 10 years and that could also probably be a factor. Idk, who knows anymore. 

Yes, that doesn’t help his case unfortunately.