Thoughts on Writ of Mandamus for K-1 Stuck at NVC

[Kittens&Pickle 6]

On 8/24/2020 at 2:48 PM, Paul & Mary said:

Wom for a K1 at NVC that is DQ can only mean it's denial.  A DQ'ed K1 is just sitting there for shipment. 

 

There is nothing suit can do to open a consulate.

 

The thing is.... consulates are not close. They ARE open according to the last statistics of non immigrant visas. 
 

And from what I read, they are not suing USCIS. The law suit is against the Department of State for not declaring the resumption of K1 in certain countries while other non immigrant visas are processed.

 

For example: the US embassy in my country has been processing tourist visas but not K1s. How an US sponsored visa has less priority than a B2? I haven’t seen any proclamation that states that B2 are mission critical. My case has been sitting in the consulate since March 🤷🏽‍♀️ & they shut down the embassy the day before my interview so it makes sense to me to be the first one in line. 

Edited August 28, 2020 by Kittens&Pickle

[MelissaHussain 52]

1 hour ago, Kittens&Pickle said:

The thing is.... consulates are not close. They ARE open according to the last statistics of non immigrant visas. 
 

And from what I read, they are not suing USCIS. The law suit is against the Department of State for not declaring the resumption of K1 in certain countries while other non immigrant visas are processed.

 

For example: the US embassy in my country has been processing tourist visas but not K1s. How an US sponsored visa has less priority than a B2? I haven’t seen any proclamation that states that B2 are mission critical. My case has been sitting in the consulate since March 🤷🏽‍♀️ & they shut down the embassy the day before my interview so it makes sense to me to be the first one in line. 

Yeah they have no basis for the statement that you'll get denied and are oblivious to the research and insight we have so totally ignore them. They are very wrong and it's not worth it to dispute them since it doesn't affect them anyway. Hang in there. At least some of us have a light at the end of the tunnel now. 

Edited August 28, 2020 by MelissaHussain

[EllieK 10]

On 8/24/2020 at 12:48 PM, Paul & Mary said:

Wom for a K1 at NVC that is DQ can only mean it's denial.  A DQ'ed K1 is just sitting there for shipment. 

 

There is nothing suit can do to open a consulate.

 

But a lot of these consulates are open and refusing to prioritize k-1 while processing students and au-pairs.. 

[payxibka 10,044]

7 minutes ago, EllieK said:

But a lot of these consulates are open and refusing to prioritize k-1 while processing students and au-pairs.. 

The visa unit that processes students and au-pairs is not the visa unit that does k1s.  

[EllieK 10]

2 minutes ago, payxibka said:

The visa unit that processes students and au-pairs is not the visa unit that does k1s.  

Right but at some point I think it’s reasonable for k-1s to questions why resources are not being better allocated to reunite families during a global pandemic. 
there’s compelling information that k-1 is being treated terribly by embassies as a result of directions from DOS and I don’t think it’s responsible for the admin on this page to not acknowledge that and simply dismiss people’s concerns. 

[payxibka 10,044]

6 minutes ago, EllieK said:

Right but at some point I think it’s reasonable for k-1s to questions why resources are not being better allocated to reunite families during a global pandemic. 
there’s compelling information that k-1 is being treated terribly by embassies as a result of directions from DOS and I don’t think it’s responsible for the admin on this page to not acknowledge that and simply dismiss people’s concerns. 

The NIV unit is not trained.  

Who is this admin ?

[payxibka 10,044]

Greenbaum is not an admin but a member and has every right to express an opinion even if it is different than yours.  In addition,  should not be expected to tone it down or acknowledge anything, just because you think so.

[In4theJourney 171]

1 hour ago, payxibka said:

Greenbaum is not an admin but a member and has every right to express an opinion even if it is different than yours.  In addition,  should not be expected to tone it down or acknowledge anything, just because you think so.

Where does greenbaum come into play here? I must of missed something 

[SalishSea 16,945]

10 minutes ago, In4theJourney said:

Where does greenbaum come into play here? I must of missed something 

Greenbaum is the honorary mayor of VJ.

[Michael040619 1]

Hey,

 

Thought I’d weigh into this discussion. I’m considering the same thing as the original poster. However, my case is at the London embassy and I’ve had one cancelled interview. 
 

I’ve read your points about a write of mandamus possibly resulting in a denial. Obviously I want to avoid that and I’d rather not be back at square one. However, I’ve been informed by a lawyer involved with a potential case that this is not how a WoM works and that if they were to proceed with litigation and take the case, they would be seeking the resumption of K visa processing, not a final decision on visa issuance. 
 

I understand your answers may be based on your knowledge and expertise but a lawyer with plenty of experience has stated otherwise. I wouldn’t want to risk a denial but I’ve been told that wouldn’t happen if a case doesn’t win at court. Is there any proof to the contrary in support of the points made concerning a denial? Any help would be appreciated. I may post a separate thread for this too. 

[Crazy Cat 39,741]

15 hours ago, EllieK said:

Right but at some point I think it’s reasonable for k-1s to questions why resources are not being better allocated to reunite families during a global pandemic. 

Fiances are not immediate family members per law......therefore the IV units are prioritizing spouses, children.....that's my guess.

Edited August 29, 2020 by Lucky Cat