Please help. Pregnancy during administrative processing

[StellaGB1 29]

2 minutes ago, Jorgedig said:

Most of those lawsuits are designed to force consulates to conduct initial K-1 interviews.  OP had an interview, and is in AP.

 

A WOM for a case that is in AP forces a decision, which can be a denial or an approval.

From the website FAQs:

 

Our new action filing will include people in the following situations:

• An I-129F has been approved, but is stuck at the National Visa Center
• The case is at the consulate, but an interview has not been scheduled
• The interview has been scheduled and cancelled at least once
• The interview has happened, but the case is stuck in administrative processing
• The K-1 visa was issued, but because of travel restrictions, the K-1 beneficiary was unable to travel before the visa expired and the consulate has not reissued the visa.

 

[SalishSea 16,793]

Just now, StellaGB1 said:

From the website FAQs:

 

Our new action filing will include people in the following situations:

• An I-129F has been approved, but is stuck at the National Visa Center
• The case is at the consulate, but an interview has not been scheduled
• The interview has been scheduled and cancelled at least once
• The interview has happened, but the case is stuck in administrative processing
• The K-1 visa was issued, but because of travel restrictions, the K-1 beneficiary was unable to travel before the visa expired and the consulate has not reissued the visa.

 

Okay.  Still, just like any non-class action WOM, if it goes through, it "forces" the consulate to make a decision in a case for which they *may* not yet have enough information to approve.

[StellaGB1 29]

1 minute ago, Jorgedig said:

Okay.  Still, just like any non-class action WOM, if it goes through, it "forces" the consulate to make a decision in a case for which they *may* not yet have enough information to approve.

Just making OP aware of their options, up to them to weigh up the risks and I’m sure that’s something the lawyers will be than happy to discuss with them if it’s a concern of theirs 

[Crazy Cat 39,312]

26 minutes ago, StellaGB1 said:

From the website FAQs:

 

Our new action filing will include people in the following situations:

• An I-129F has been approved, but is stuck at the National Visa Center
• The case is at the consulate, but an interview has not been scheduled
• The interview has been scheduled and cancelled at least once
• The interview has happened, but the case is stuck in administrative processing
• The K-1 visa was issued, but because of travel restrictions, the K-1 beneficiary was unable to travel before the visa expired and the consulate has not reissued the visa.

 

Administrative Processing can be neither waived nor expedited.....this would not be the first time we  have seen inaccurate information provided by an attorney.

Edited April 21, 2021 by Lucky Cat

[JFH 12,189]

52 minutes ago, StellaGB1 said:

From the website FAQs:

 

Our new action filing will include people in the following situations:

• An I-129F has been approved, but is stuck at the National Visa Center
• The case is at the consulate, but an interview has not been scheduled
• The interview has been scheduled and cancelled at least once
• The interview has happened, but the case is stuck in administrative processing
• The K-1 visa was issued, but because of travel restrictions, the K-1 beneficiary was unable to travel before the visa expired and the consulate has not reissued the visa.

 

Of course the lawyers will include them - they will include anyone with a check book/credit card.

 

But at the stage the OP is at forcing a decision ahead of its natural timeframe can mean it's the decision she didn't want. If the interview was in January the OP was in AP for around 2 months before COVID impacted anything. This alone suggests the case is not your usual K-1 case as it had already been in extended AP before COVID was even an issue. 

[StellaGB1 29]

2 minutes ago, JFH said:

Of course the lawyers will include them - they will include anyone with a check book/credit card.

 

But at the stage the OP is at forcing a decision ahead of its natural timeframe can mean it's the decision she didn't want. If the interview was in January the OP was in AP for around 2 months before COVID impacted anything. This alone suggests the case is not your usual K-1 case as it had already been in extended AP before COVID was even an issue. 

Coming from my own experience with these lawyers, they will not take on anyone that isn’t suitable. These are three highly respected and successful lawyers in the immigration world and they certainly don’t need to beg anyone for money. They’re currently suing the DOS left and right. 
 

None of us know the details of OP’s case so it’s up to them to decide the route they want to take. I was simply telling them it’s an option as a mandamus was clearly something OP was considering and a mass suit is considerably cheaper. I would suggest they contact the lawyers themselves to discuss the details of their personal case to see if it’s suitable for them. 

[Calicolom 265]

On 9/17/2020 at 4:59 PM, Bearslayer said:

 

This was fruitful and exact, I did exactly that and I was told exactly as you stated. I am not sure what RCLG stands for and neither does Traveler's Communication center. Only airlines supposedly know. I hope that this wasteful Embassy drag didn't create new problem. I am still hesitant but much more hopeful. Would you know what to expect upon arrival ? many thanks!!

 

On 11/26/2020 at 8:17 AM, JFH said:

Once her I-94 expires she is out of status unless she has the NOA1 from USCIS for her AOS application. It’s possible that there will be a gap between her I-94 expiring and receiving the NOA1 if you have left it this late. She will be out of status but that’s pretty meaningless if she’s filing AOS already. Anyone out of status can be removed but the chances of ICE knocking on the door to remove a law-abiding spouse of a USC who filed AOS a little late in the day are slim at best. ICE have much bigger fish to fry than that. 

 

30 minutes ago, StellaGB1 said:

Coming from my own experience with these lawyers, they will not take on anyone that isn’t suitable. These are three highly respected and successful lawyers in the immigration world and they certainly don’t need to beg anyone for money. They’re currently suing the DOS left and right. 
 

None of us know the details of OP’s case so it’s up to them to decide the route they want to take. I was simply telling them it’s an option as a mandamus was clearly something OP was considering and a mass suit is considerably cheaper. I would suggest they contact the lawyers themselves to discuss the details of their personal case to see if it’s suitable for them. 

Laches never stop socking blood.

[retheem 553]

AP period does not change because of pregnancy.

[Ontarkie 13,918]

~~One post removed as the quote was edited and no longer English. It is English only in the main forums. It is also a TOS Violation to edit a quote.~~