K-1 Lawsuit has been filed in federal court today

[Ollieh97 20]

Not to mention the fact that there is only 190 plaintiffs spread out between multiple different embassies, hypothetically if all plaintiffs were interview ready, they could probably process all plaintiffs within a couple of days. It would not cause delays to any non plaintiffs who are close to the front of the que. 

hoping for someone’s case to be slowed down because of a difference in opinion is horrible.

[sl1pstream 551]

10 minutes ago, Ollieh97 said:

Not to mention the fact that there is only 190 plaintiffs spread out between multiple different embassies, hypothetically if all plaintiffs were interview ready, they could probably process all plaintiffs within a couple of days. It would not cause delays to any non plaintiffs who are close to the front of the que. 

hoping for someone’s case to be slowed down because of a difference in opinion is horrible.

The difference in opinion is that plaintiffs shouldn't get special treatment, so the slowdown fits that pattern.

 

And as you mentioned, it's not a class action so there's a chance that the results won't even affect him to begin with.

 

I really don't get the hostility.

Edited October 31, 2020 by sl1pstream

[powerpuff 6,028]

I think this whole discussion about “I hope they don’t get priority” needs to stop because they WILL get priority if they win. POINT BLANK. CASE CLOSED. that’s just the way the legal system works just about anywhere in the world. 

[Gatekeeper 35]

On 10/30/2020 at 10:01 PM, sl1pstream said:

I also just noticed that they filed their case in February. That makes this whole thing even more ridiculous. He's not even negatively impacted by a delay, because he hasn't even made it to the NVC yet.

A plaintif having filed in February has reached the NVC stage by July latest...The only reason this plaintiff would not have reached that stage yet would be because he/she got multiple RFEs...

K-1 applications follow a normal course up to the NVC without specific delay, it’s only at the embassy stage (ie NVC waiting for authorization to transfer the file to the embassy) that delays start to occur.

Anyway, the plaintiffs WILL have priority treatment, wether you like it or not and we can only hope that this will create a strong enough legal precedent to THEN benefit all other K-1 visas which are also stuck at NVC or embassy stage. And I wish the plaintiffs to succeed and be able to reunite with their loved ones as son as possible!

[TBoneTX 43,490]

Three uncivil posts have been removed.  Any more violations of the Terms of Service will draw far harsher response.

 

VJ Moderation

[Gatekeeper 35]

Hello,

has there been any update on the litigation outcome yet?...

 

[supportdesk 42]

1 minute ago, Gatekeeper said:

Hello,

has there been any update on the litigation outcome yet?...

 

Nothing yet. We are still awaiting a decision from the judge for the TRO/PI. It should (hopefully) happen anytime now..

[Unlockable 7,309]

*** One post removed for TOS violation (language).

 

VJ Moderation

[sl1pstream 551]

We won. Partially. We did it. We beat them.

[supportdesk 42]

Relevant order from judge:

Quote

For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that:

 

1.Plaintiffs’ Motion for a Preliminary Injunction is GRANTED IN PART and DENIED IN PART;

2.The Government ispreliminarily ENJOINED fromrelying on the Presidential Proclamations to suspend all visa adjudications for Proclamation Plaintiffs;

3.Plaintiffs’ Motion re: Reply is DENIED as MOOT;and

4.The parties shall appear for a status hearing on December 3, 2020, at 2:00 p.m

 

Edited November 20, 2020 by supportdesk

[sl1pstream 551]

12 minutes ago, supportdesk said:

Relevant order from judge:

 

I'm sorry. You clearly forgot the most important part

 

Quote

This case features “pairs of star-crossed lovers” on whose lives, like Romeo and Juliet’s, a plague has wreaked havoc. In that tragedy, news of Juliet’s ruse never reaches Romeo because an “infectious pestilence” forces a quarantine that blocks the message’s delivery. Here, similarly, COVID-19 has kept apart our Plaintiffs — 153 U.S. citizens and their foreign-born fiancé(e)s.

He did a Shakespeare.

Edited November 20, 2020 by sl1pstream

[supportdesk 42]

Just now, sl1pstream said:

I'm sorry. You clearly forgot the most important part:

 

He did a Shakespeare.

 

From the full opinion That can be found at https://www.courtlistener.com/recap/gov.uscourts.dcd.222172/gov.uscourts.dcd.222172.20.0.pdf

(This exact document is also viewable in PACER)

 

It's a very good read.

[imsan 41]

It seems like the judge left the embassies unchecked to delay K1 visas citing local conditions. So many countries where they are doing all kinds of immigrant and non-immigrant visas, they are not doing any K1 visas saying they will process K1 only during routine processing (God knows when). Why the judge was fine with a blanket ban on just one visa type is what baffles me.

[supportdesk 42]

5 minutes ago, imsan said:

It seems like the judge left the embassies unchecked to delay K1 visas citing local conditions. So many countries where they are doing all kinds of immigrant and non-immigrant visas, they are not doing any K1 visas saying they will process K1 only during routine processing (God knows when). Why the judge was fine with a blanket ban on just one visa type is what baffles me.

Remember, this lawsuit is NOT over. While the judge ruled the way he did on the TRO(not forcing consulates to do a thing), the DoS might very well change their stance after this. There will be additional meetings between the attorneys and judge. An open note to everyone - please don't be frustrated by these rulings if they don't work in your favor at this point in time, progress is being made.

[YueQian 22]

41 minutes ago, imsan said:

It seems like the judge left the embassies unchecked to delay K1 visas citing local conditions. 

This is exactly my concern. Similarly, after the DV lawsuit,  some embassies have found other reasons not to issue those.

 

Maybe this will work in our favor? In a recent post, State Deparment included fiances in immediate relatives. Guangzhou is processing CR/IRs, and without the travel ban as excuse, they should treat K1s equally... right?

 

https://travel.state.gov/content/travel/en/News/visas-news/phased-resumption-routine-visa-services.html

"Posts that process immigrant visa applications will prioritize Immediate Relative family members of U.S. citizens including intercountry adoptions (consistent with Presidential Proclamation 10014) fiancé(e)s of U.S. citizens, and certain Special Immigrant Visa applications.  "