Cases stuck at the NVC/ Lawsuit

[attaboyshort 12]

Anybody having success getting their case unstuck at the NVC and moving forward to an interview with a lawsuit? I have filed a writ of mandamus and waiting on a judge to make a decision on my case. My attorney filed for a summary of judgement. I filed for my k-1 visa petition 6-10-20 it’s been a year and half since I’ve seen my fiancé and I’m curious if anyone else has filed a lawsuit at the NVC step? 

Edited September 25, 2021 by attaboyshort

[Crazy Cat 39,257]

Please clarify-  You filed in June of THIS year?

Edited September 25, 2021 by Crazy Cat

[attaboyshort 12]

Sorry I filed in 6-10-20 sorry.

[HRQX 4,145]

16 minutes ago, attaboyshort said:

I have filed a writ of mandamus

Even if the judge issues the mandamus order there is a risk of NVC treating the I-129F as expired since your case is currently at NVC:

[attaboyshort 12]

I do not think my case has expired! We were approved on April 1st 2021 and it’s only been 5-6 months at NVC, now they did file a motion to dismiss my case as saying I’m trying to cut in line, but they have not SAID my petition has expired!

[HRQX 4,145]

8 minutes ago, attaboyshort said:

I do not think my case has expired!

What are the dates printed in the "Notice Type" box?

[attaboyshort 12]

Just now, HRQX said:

What are the dates printed in the "Notice Type" box?

Ok, I see what you are saying here, but the NVC has said they are not expiring cases due to backlog, how can they expire your case when they are causing the delay in the first place?

[HRQX 4,145]

5 minutes ago, attaboyshort said:

but the NVC has said they are not expiring cases due to backlog

Was an official link posted by DOS stating that?

 

Here is another post:

[attaboyshort 12]

40 minutes ago, HRQX said:

Even if the judge issues the mandamus order there is a risk of NVC treating the I-129F as expired since your case is currently at NVC:

 

13 minutes ago, HRQX said:

Was an official link posted by DOS stating that?

 

Here is another post:

Not official link but I did have not heard anything about my case being returned to the USCIS, last email I got was in August stating this. If the petition is expired you are still able to proceed with the interview.

 

Edited September 25, 2021 by attaboyshort

[attaboyshort 12]

I don’t know it’s all a mess I will update this forum when I can!

[flicks1998 1,044]

1 hour ago, attaboyshort said:

I don’t know it’s all a mess I will update this forum when I can!

If you search in the Philippines forum there was someone who did a similar lawsuit. I think last name was Schwartz but can’t remember exactly. It appeared they lost their case because USCIS has said waiting 2-5 years is not out of the norm. There were some other reasons given as well. I highly suggest you find that thread and read the case decision.  What country are you going through? 

[attaboyshort 12]

I’m going through the lawsuit in the Philippines, and yes they said the same thing in the motion to dismiss about the 2-5 years not being out of the norm, which we countered with Hardship and that any delay over 180 days is unreasonable. My big worry is that if I do win, they say my petition is expired, which to be honest is a bunch of BS, because they are the reason for the delay in the first place. 

Edited September 25, 2021 by attaboyshort

[Just Paul 4,591]

2 hours ago, attaboyshort said:

Anybody having success getting their case unstuck at the NVC and moving forward to an interview with a lawsuit?

Unfortunately a WoM often has unexpected consequences. NVC is a poor place to get a WoM against because it is literally just a waypoint between USCIS and the consulates.  For a K1 they just bundled the petitions and send them to the consulate when the consulates are ready.  If if you win, forcing NVC to take action then they can reject to petition as expired and send it back to USCIS where it won't be re-affirmed.

[attaboyshort 12]

14 minutes ago, flicks1998 said:

If you search in the Philippines forum there was someone who did a similar lawsuit. I think last name was Schwartz but can’t remember exactly. It appeared they lost their case because USCIS has said waiting 2-5 years is not out of the norm. There were some other reasons given as well. I highly suggest you find that thread and read the case decision.  What country are you going through? 

 

7 minutes ago, Paul & Mary said:

Unfortunately a WoM often has unexpected consequences. NVC is a poor place to get a WoM against because it is literally just a waypoint between USCIS and the consulates.  For a K1 they just bundled the petitions and send them to the consulate when the consulates are ready.  If if you win, forcing NVC to take action then they can reject to petition as expired and send it back to USCIS where it won't be re-affirmed.

well that’s very unfair for a lawyer to take my case if they know this is going on? If this is what happens, then I will be putting them 

on blast on google and YouTube videos. They shouldn’t take a case without asking all the details of the petition, unless of course this is something new that NVC is doing.also if this does happen then I guess I have to start all over?

Edited September 25, 2021 by attaboyshort

[SalishSea 16,772]

13 minutes ago, attaboyshort said:

I’m going through the lawsuit in the Philippines, and yes they said the same thing in the motion to dismiss about the 2-5 years not being out of the norm, which we countered with Hardship and that any delay over 180 days is unreasonable. My big worry is that if I do win, they say my petition is expired, which to be honest is a bunch of BS, because they are the reason for the delay in the first place. 

Every single lawsuit thread posted here on VJ last year received cautionary replies from seasoned members about the risks vs. benefits.  No one listened, and people got all bent out of shape about VJ members not 'supporting' the K-1 visa category, and indignant about "how can the government do this to us when we're in love" etc.  

 

I hope they won't send your petition back to USCIS to expire, but honestly I'm not surprised that they are using this tactic when people try to force their hand.

 

And for future readers:  lawyers are happy to take your money and sue the DOS, but by participating, you take risks.