Adnan&Liane

First, to clear up any confusion, I am not planning on filing a Writ of Mandamus NOW, I just want to start researching and preparing to do so....I would like suggestions for lawyers that I can consult about this....I don't plan to take action until after we have been in AP for over a year...
Secondly, does anyone know if I can file a Writ of Mandamus for the FBI Name Check agency to take action? I am certain that this is our hold-up due to his name....does anyone here believe that it actually takes over a year or two for them to finish a case in AP? I don't. If it does - it shouldn't. I get it - national security - but I believe that there are too many cases put in AP (some unnecessarily - not everyone w/a muslim name is a terrorist) that are creating enormous backlogs. If they believe someone is a threat to our nation they should be doing everything they can to investigate that person as quickly as possible to ensure our nation's safety. And if it's simply a matter of the volume of cases - they should hire more staff members. I have done my research and I understand what is happening - but I do not agree that this is acceptable - families should not be separated for years because of this process - people's lives are being torn apart and destroyed - and I am not afraid to fight.

Update: As per your advice (thank you!) I decided to keep Senator Gillibrand's office on my case as well as contacted Senator Charles Schumer and Congresswoman Carolyn Maloney. So far I have not heard back from anyone...the last time I talked to Gillibrand's office was on 04/16 when the person I spoke to said his supervisor would make the inquiry asap... I contacted Schumer and Maloney on 04/17 and am still awaiting a response or acknowledgement of receipt of my materials....
I was hesitant to have more than one office make an inquiry only because I thought that they have to 'pull our file' for each inquiry and it may slow them from working on our case...is this true or was I misinformed? I also thought you weren't supposed to contact the embassy too often for this same reason... (but now that I think of it - it doesn't really make sense...I would think that the FBI would be working on our case continuously (hopefully) and would contact the embassy when we are cleared?)
Also does the DOS keep track of how often you call? Is it better to call often?
Thank you to everyone on here for sharing your experiences and advice! It has really helped me get through this week - it's been a tough one!

Please guys - if you (or anyone else you can think of) has been waiting in AP for over 1 year - share your info so I can add you to the list - thank you!
CASES PENDING IN AP FOR OVER 1 YEAR:
2011 OCT 21 - CR1 (M) - UNITED KINGDOM (Morocco) - Adnan&Liane - Pending AP
2011 OCT 05 - F2-A (M) - MOROCCO - manou_and_medi - Pending AP
2011 JUN 15 - CR1 (M) - PAKISTAN - Eabbas - Pending AP
CASES PENDING IN AP FOR OVER 2 YEARS:
2010 SEP 09 - FB-2 (M) - PAKISTAN - Soccer.Player - Pending AP
2010 JUL 28 - CR1 (M) - PAKISTAN - maabish - Pending AP
2010 APR 24 - K3 (M) - YEMEN - H&A&N - Pending AP
CASES SENT BACK TO USCIS/DENIED:
2011 MAR 23 - K1 (?) - CYPRUS - Ebunoluwa - Case sent back to USCIS on 2012 AUG 22 - waited in AP 1 year & 5 months
CASES APPROVED/VISA RECEIVED:
2011 JUL 00 - CR1 ( F ) - PAKISTAN - samsamir - VISA RECEIVED on 2012 AUG 30 - waited in AP 1 year & 1 month
2011 MAY 15 - K1 (M) - PAKISTAN - Adeelwali - VISA RECEIVED on 2012 JUN 25 - waited in AP 1 year & 1 month
2011 APR 00 - CR1 (M) - PAKISTAN - longtimewaiter - VISA RECEIVED on 2012 APR 19 - waited in AP 1 year

Congrats!

Congrats!

I REALLY REALLY REALLY advise against cancelling the K1 and trying for a CR1 - (don't get married either cuz that could screw things up for you too since the purpose of the K1 is so you CAN get married) - from everything I've read on this site you would be in for another year or two of waiting (seems like the visa process is taking longer and longer due to backlogs) and it does not sound like you are eligible to expedite...you would most likely get AP again too since you never gave your first AP a chance to finish... It's kind of like waiting in a super long line at the grocery store, getting fed up, and going to wait in another super long line that takes even longer... I know it's hard but just try to be patient...Bangladesh seems to get out of AP quicker than others like Pakistan...does your fiance have a really common name? That could be the hold-up - I'm pretty sure that's why we have been waiting for so long... I know that it stinks...but try to wait it out - you already know how hard this process is and you don't want to do anything to compromise it....

I REALLY REALLY REALLY advise against cancelling the K1 and trying for a CR1 - (don't get married either cuz that could screw things up for you too since the purpose of the K1 is so you CAN get married) - from everything I've read on this site you would be in for another year or two of waiting (seems like the visa process is taking longer and longer due to backlogs) and it does not sound like you are eligible to expedite...you would most likely get AP again too since you never gave your first AP a chance to finish... It's kind of like waiting in a super long line at the grocery store, getting fed up, and going to wait in another super long line that takes even longer... I know it's hard but just try to be patient...Bangladesh seems to get out of AP quicker than others like Pakistan...does your fiance have a really common name? That could be the hold-up - I'm pretty sure that's why we have been waiting for so long... I know that it stinks...but try to wait it out - you already know how hard this process is and you don't want to do anything to compromise it....

Hi Farzin...sorry to hear you are stuck in AP... What kind of questionnaire was your husband asked to fill out? Did he get a blue 221g form? AP can happen for multiple reasons. It is pretty much standard for young muslim males. Other factors are common names, frequent traveling, being from a "T-country"....I pasted some info below from another site that explains AP better...
My husbands name is Adnan Ahmed Mohamedy and we have been in AP for 111 days (3 months 19 days) so far....
Good luck and hope it goes quickly for you!
Administrative Processing Frequently Asked Questions
• What is Administrative Processing? AP is also called Additional Administrative Processing and is when the applicant is being checked more closely. It can be for security checks which encompass fingerprints and/or name checks or for document verification.
• When does Administrative Processing Happen? AP can happen at any time during your processing. It can happen at a service center, at the NVC level, or at the embassy level. It mainly is discussed here in the forums at the embassy level.
• Who can get Administrative Processing and Why? AP usually affects men and women from certain countries but anyone can get AP. Persons coming from T countries (Terrorist Countries) seem to have more security checks and have to endure AP at the embassy level after their interview. Common names, your nationality, religion, education, relationship of applicant, travels and job can all be factors for AP. Having incomplete or missing documents will also cause a case to be put in AP. In some cases if the embassy does not believe in the validity of the relationship they can investigate it further with a field investigation.
• What are the T-Countries? Although it is classified, the list of countries reportedly affected by these restrictions includes, but is not limited to, Afghanistan,
Algeria, Bahrain, Bangladesh, Djibouti, Egypt,
Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya,
Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia,
Sudan, Syria, Tunisia, Turkey, the United Arab Emirates,
and Yemen. http://www.abil.com/articles/ABIL%20...0Wolfsdorf.pdf This list is complied from an attorney and the list of T-countries can change at any time.
• Can I check the status of my case? The embassy will not in many cases respond to emails until a certain amount of time has elapsed. The best bet is to contact Department of State aka: DOS and ask them for an update bi-weekly. They will not be able to give you details but they can tell you if the case is still pending in AP or cleared.
• DOS information: DOS can be contacted Monday through Friday during business hours. You must have all information concerning your case with you so that they can assist you.
Department of State’s visa Information phone number: 202-663-1225
• Can I expedite this process? The simple answer is NO. No one can expedite the checks since they are considered a matter of National security. An elected official can only make a congressional inquiry on your behalf. They cannot get the checks finished any faster.
• Does AP have any time frame for completion? NO AP can last anywhere from days, weeks, months and in a few cases years.
Anyone that happens to be given a 221(g) or Administrative Processing letter must be patient and let them do their work. Do not call constantly and ask about your case. Remember each time your case is moved it can then end up at the bottom of the stack and your time can be extended. Each case is different so you cannot judge your case by any other and each consulate/embassy may have a different average time for completion of AP.