Administrative Processing for Iranian in Italy (split)

[boshra 1]

Hi everyone,

 

I am Iranian raised in United States and lived in USA for over 20 years. my fiance is Iranian male who is resident of italy for the past 5 or so years. after waiting 13 months uscis approved our I-129f form, then after 3 months NVC got our case processed for a US consulate in Naples, Italy. In September 2023 my fiance finally had an interview. We also unfortunately planned for a wedding for October. Now his case is in AP.

 

can anyone tell me what is this form you are all mentioning WoM mean and how I can go about filling one. 

 

thanks 

[Boiler 43,576]

Writ of Mandamus?

 

For most people a Lawyer would be needed but as he only interviewed this month a bit premature.

[Catperson_rx 43]

On 9/25/2023 at 2:54 PM, boshra said:

Hi everyone,

 

I am Iranian raised in United States and lived in USA for over 20 years. my fiance is Iranian male who is resident of italy for the past 5 or so years. after waiting 13 months uscis approved our I-129f form, then after 3 months NVC got our case processed for a US consulate in Naples, Italy. In September 2023 my fiance finally had an interview. We also unfortunately planned for a wedding for October. Now his case is in AP.

 

can anyone tell me what is this form you are all mentioning WoM mean and how I can go about filling one. 

 

thanks 

By filing a Writ of Mandamus (WOM) you are asking a federal judge to make the state department decide your case. This is when you believe there has been an "unreasonable delay" in processing your case. What is considered unreasonable delay? There is no definition! This quote is from a mandamus case: "There is no congressionally imposed timeline for processing fiance visa applications. Absent of a congressionally supplied yardstick, courts typically turn to case law as a guide. The case law typically considers the two-year mark to be the lowest threshold for a finding of unreasonable delay in visa processing cases". So, before filing mandamus, it should be 24 full months since the day of filing 129F.

 

Hacking Immigration believes it should be 1 year after USCIS approves your case. Generally the longer the wait, the greater the chances of success. The worst thing that can happen is the judge dismisses your case and you go back to waiting. If you have $4K - $5K so spare you can give it a shot in a few months by hiring a lawyer. 

Edited September 30, 2023 by Catperson_rx

[Ontarkie 13,920]

~~Hijack post and related replies split off to their own thread.~~

[Boyi and Eve Bete 0]

hello, I am curious as to how long it took for you to have interview after being DQ by NVC? We were just DQ'q on Thursday, 12 October and my husband will have his interview in Naples so we are wondering how long we may have to wait. 

[igoyougoduke 1,609]

On 9/29/2023 at 10:46 PM, Catperson_rx said:

By filing a Writ of Mandamus (WOM) you are asking a federal judge to make the state department decide your case. This is when you believe there has been an "unreasonable delay" in processing your case. What is considered unreasonable delay? There is no definition! This quote is from a mandamus case: "There is no congressionally imposed timeline for processing fiance visa applications. Absent of a congressionally supplied yardstick, courts typically turn to case law as a guide. The case law typically considers the two-year mark to be the lowest threshold for a finding of unreasonable delay in visa processing cases". So, before filing mandamus, it should be 24 full months since the day of filing 129F.

 

Hacking Immigration believes it should be 1 year after USCIS approves your case. Generally the longer the wait, the greater the chances of success. The worst thing that can happen is the judge dismisses your case and you go back to waiting. If you have $4K - $5K so spare you can give it a shot in a few months by hiring a lawyer. 

These statements are not correct. There is no timeline for USCIS to adjudicate but congress has give guidelines for USCIS to adjudicate all petitions within 90/180 days from the day of filing. Hacking is just giving the 1 year timeframe cause they think it a strong case for winning. It is not the truth. The truth is one can file a mandamus 90 days after filing of application and the application is still pending. 180 days is clear cut timeline but 90 days is to start filing.

[Boiler 43,576]

1 hour ago, igoyougoduke said:

These statements are not correct. There is no timeline for USCIS to adjudicate but congress has give guidelines for USCIS to adjudicate all petitions within 90/180 days from the day of filing. Hacking is just giving the 1 year timeframe cause they think it a strong case for winning. It is not the truth. The truth is one can file a mandamus 90 days after filing of application and the application is still pending. 180 days is clear cut timeline but 90 days is to start filing.

They could file now, it will be around 4 months after the 3 months allowed, but not sure I would as I think there will be a fight which you do not want.

 

Also this is a K1 so they could always play dirty.

[igoyougoduke 1,609]

51 minutes ago, Boiler said:

They could file now, it will be around 4 months after the 3 months allowed, but not sure I would as I think there will be a fight which you do not want.

 

Also this is a K1 so they could always play dirty.

yeah i just read OP's case timelines. October filing for WOM is too soon. AP for Iranian folks is normal due to country of origin.  expecting USCIS to complete AP in a month is also not normal. I would wait another 3-4 months in this case before filing. 

[Catperson_rx 43]

17 hours ago, igoyougoduke said:

These statements are not correct. There is no timeline for USCIS to adjudicate but congress has give guidelines for USCIS to adjudicate all petitions within 90/180 days from the day of filing. Hacking is just giving the 1 year timeframe cause they think it a strong case for winning. It is not the truth. The truth is one can file a mandamus 90 days after filing of application and the application is still pending. 180 days is clear cut timeline but 90 days is to start filing.

I was replying to a case that is in AP. USCIS does not handle administrative processing for visa applications. Administrative processing is managed by the Department of State.

[Inveigh 69]

On 9/25/2023 at 3:54 PM, boshra said:

Hi everyone,

 

I am Iranian raised in United States and lived in USA for over 20 years. my fiance is Iranian male who is resident of italy for the past 5 or so years. after waiting 13 months uscis approved our I-129f form, then after 3 months NVC got our case processed for a US consulate in Naples, Italy. In September 2023 my fiance finally had an interview. We also unfortunately planned for a wedding for October. Now his case is in AP.

 

can anyone tell me what is this form you are all mentioning WoM mean and how I can go about filling one. 

 

thanks 

Please update your timeline