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lplplpx3

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    lplplpx3 got a reaction from Lemonslice in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    So guess whose application for permanent residence was approved...no interview, no nothing? I received the written notice today and apparently my green card is in the mail. WOW. We are overjoyed. This chapter is FINALLY over.

    Big thanks to all the advice given here and especially to @igoyougoduke who helped me in the background with any questions I had as I decided to file Pro Se. As a way of giving back to the community I'm going to post my steps here that hopefully supplements the info from @igoyougoduke found here. Thanks again and good luck to everyone. 

    ______________________________________________________________________________________________________________
     
    Steps I took to file a Writ of Mandamus "Pro Se,” meaning by myself without the help of a lawyer.
     
    At a minimum you need to serve the following 3 people:
    The US Attorney General in Washington DC The USCIS/DHS chief in Washington DC The US attorney in your district Google all 3 for the correct names and addresses
     
    For 1 and 2 above I used the following but double check to ensure this info is still current:
     
    Merrick B. Garland, in his official capacity, Attorney General, Office of Attorney
    General, U.S. Department of Justice;
    950 Pennsylvania Avenue NW, Washington, DC 20530-0001
     
    Alejandro Mayorkas, in his official capacity, Secretary, U.S. Department of Homeland Security;
    Ur M. Jaddou, in her official capacity, Director, U.S. Citizenship and Immigration Services;
    2707 Martin Luther King Jr. Ave, SE, Washington, DC 20528-0485
     
    Note: Even though 2 names are listed here, I only served Alejandro Mayorkas. This was a little confusing to me too
     
    To serve each one of the 3 named above you will need:
    A copy of the complaint The summons Where do you file?
    Ask Google something like: Where do I file a civil case United States District Court for the [your district] of [your state]. Make sure you reach an official government website and not a sponsored link or something similar. On this official website you should find the address where you need to file, hours of operation, and court  filing fees. At time of writing this was listed as $405 for a writ of mandamus.
     
    How to serve:
    According to this informational handbook for self-represented (pro se) litigants from The Federal Bar Association, formal service upon the federal government or any of its agencies can be accomplished by USPS certified mail (return receipt required) with the properly executed summons.
     
    Everything you will need:
     
    A civil cover sheet (x1).  Example form from my district in GA, find the one for yours.
    This is filed along with the other documents when commencing a civil lawsuit in federal court. It aids court administrators in managing cases and helps streamline the judicial process by providing key information about the case at a glance (i.e the nature and type of lawsuit being filed). I've attached an example of how I filled mine out, include your own reason for cause of action. 
      The complaint itself (x4). Mine included 5 different sections as follows: - Introduction
    - Jurisdiction
    - Factual Allegations
    - Legal Claims or Causes of Action
    - Prayer for Relief

    I've attached  a rough copy of mine. Update for your particular circumstance. The complaint also shows what attachmentsscreenshots I included as evidence.
     
    I printed 4 copies of the complaint but you’ll only be mailing out 3. The 4th was just a backup that actually came in handy as the clerk made a mistake on the first page of the form so instead of whiting out etc. she just used a fresh one.
     
    Where you currently have a blank for the Civil Action No, the clerk will stamp the official number there, and date and sign that first page of your complaint. I made 3 copies of this official stamped document (keeping the original myself), and replaced this official page—with case number and court stamp—as the first page of each of the complaints for all the 3 defendants.
     
    The summons form (x3 - 1 for each named Defendant). Found here.
    A summons is a legal document issued by a court that notifies a defendant that a lawsuit has been filed against them. It serves as a formal notice of the lawsuit and informs the defendant of their obligation to respond to the claims made by the plaintiff in the complaint.

    Once you have filled each of these forms out (3 only and FRONTSIDE ONLY, leave the back “proof of service etc.” blank). The clerk will stamp the case number on the front, sign their name, and apply the official seal of the court. The clerk then returned 6 copies back to me (2 of each), one that I would send along with the complaint and the other, where I would be able to show “Proof of Service” which can only be completed AFTER the summons is served to the defendant. As in step 5 below, it will be necessary to track the packages. Once delivered, or you receive the return receipt, THEN you can file the summons that now includes proof of service with the court.  
    Steps in total are as follows:
    File the complaint with your local DISTRICT court Take photo copies of the first page of the complaint with your official stamped case number (x3) and attach each as the (new) first page to all 3 Complete package by including a summons with each On the same day (or date you requested the clerk stamp on your docs) serve compliant via USPS certified mail with return receipt required. It takes a reasonable amount of time to fill out all the forms/addresses correctly so give yourself ample time Ito do this in the Post Office. Track the packages Once delivered, file the proof of service (via the 3 summons you possess) with court. Call to check if you need to psychically do this or can just certify-mail them back in.  
    ---------------------------------------------------------------------------------------------------------------------------

    In case you're wondering about timelines, it was as follows. Please note when I consulted with 2 attorneys both said my case was simple due to country where I came from and there were no convictions etc. involved. They both felt that my case was literally sitting at the bottom of someone's desk, yes for 7 years. Of course, if yours is not as simple then (it goes without saying) get legal help.
     
    I was surprised at the turn around considering the holidays and all. 

    Date filed and mailed -12/19/23
    Return receipt from post office receiived - 1/2/24
    Email from INS received saying they were working on my case  - 1/4/24
    Notice of approval sent via email from my local district office - 1/9/24
    Office approval notice titled "WELCOME TO THE UNITED STATES OF AMERICA" received in the mail 1/13/24
    Awaiting Green card which they indicated would be with me within 3 weeks or so.

    ---------------------------------------------------------------------------------------------------------------------------

    Next step: I was asked to file a notice of voluntary dismissal as the case has been resolved. I'll be working on that next and get that info out the door sometime this week.

    GOOD LUCK ALL!
    Example_Civil_Cover_Sheet.pdf Example Complaint.doc
  3. Like
    lplplpx3 got a reaction from nastra30 in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    So guess whose application for permanent residence was approved...no interview, no nothing? I received the written notice today and apparently my green card is in the mail. WOW. We are overjoyed. This chapter is FINALLY over.

    Big thanks to all the advice given here and especially to @igoyougoduke who helped me in the background with any questions I had as I decided to file Pro Se. As a way of giving back to the community I'm going to post my steps here that hopefully supplements the info from @igoyougoduke found here. Thanks again and good luck to everyone. 

    ______________________________________________________________________________________________________________
     
    Steps I took to file a Writ of Mandamus "Pro Se,” meaning by myself without the help of a lawyer.
     
    At a minimum you need to serve the following 3 people:
    The US Attorney General in Washington DC The USCIS/DHS chief in Washington DC The US attorney in your district Google all 3 for the correct names and addresses
     
    For 1 and 2 above I used the following but double check to ensure this info is still current:
     
    Merrick B. Garland, in his official capacity, Attorney General, Office of Attorney
    General, U.S. Department of Justice;
    950 Pennsylvania Avenue NW, Washington, DC 20530-0001
     
    Alejandro Mayorkas, in his official capacity, Secretary, U.S. Department of Homeland Security;
    Ur M. Jaddou, in her official capacity, Director, U.S. Citizenship and Immigration Services;
    2707 Martin Luther King Jr. Ave, SE, Washington, DC 20528-0485
     
    Note: Even though 2 names are listed here, I only served Alejandro Mayorkas. This was a little confusing to me too
     
    To serve each one of the 3 named above you will need:
    A copy of the complaint The summons Where do you file?
    Ask Google something like: Where do I file a civil case United States District Court for the [your district] of [your state]. Make sure you reach an official government website and not a sponsored link or something similar. On this official website you should find the address where you need to file, hours of operation, and court  filing fees. At time of writing this was listed as $405 for a writ of mandamus.
     
    How to serve:
    According to this informational handbook for self-represented (pro se) litigants from The Federal Bar Association, formal service upon the federal government or any of its agencies can be accomplished by USPS certified mail (return receipt required) with the properly executed summons.
     
    Everything you will need:
     
    A civil cover sheet (x1).  Example form from my district in GA, find the one for yours.
    This is filed along with the other documents when commencing a civil lawsuit in federal court. It aids court administrators in managing cases and helps streamline the judicial process by providing key information about the case at a glance (i.e the nature and type of lawsuit being filed). I've attached an example of how I filled mine out, include your own reason for cause of action. 
      The complaint itself (x4). Mine included 5 different sections as follows: - Introduction
    - Jurisdiction
    - Factual Allegations
    - Legal Claims or Causes of Action
    - Prayer for Relief

    I've attached  a rough copy of mine. Update for your particular circumstance. The complaint also shows what attachmentsscreenshots I included as evidence.
     
    I printed 4 copies of the complaint but you’ll only be mailing out 3. The 4th was just a backup that actually came in handy as the clerk made a mistake on the first page of the form so instead of whiting out etc. she just used a fresh one.
     
    Where you currently have a blank for the Civil Action No, the clerk will stamp the official number there, and date and sign that first page of your complaint. I made 3 copies of this official stamped document (keeping the original myself), and replaced this official page—with case number and court stamp—as the first page of each of the complaints for all the 3 defendants.
     
    The summons form (x3 - 1 for each named Defendant). Found here.
    A summons is a legal document issued by a court that notifies a defendant that a lawsuit has been filed against them. It serves as a formal notice of the lawsuit and informs the defendant of their obligation to respond to the claims made by the plaintiff in the complaint.

    Once you have filled each of these forms out (3 only and FRONTSIDE ONLY, leave the back “proof of service etc.” blank). The clerk will stamp the case number on the front, sign their name, and apply the official seal of the court. The clerk then returned 6 copies back to me (2 of each), one that I would send along with the complaint and the other, where I would be able to show “Proof of Service” which can only be completed AFTER the summons is served to the defendant. As in step 5 below, it will be necessary to track the packages. Once delivered, or you receive the return receipt, THEN you can file the summons that now includes proof of service with the court.  
    Steps in total are as follows:
    File the complaint with your local DISTRICT court Take photo copies of the first page of the complaint with your official stamped case number (x3) and attach each as the (new) first page to all 3 Complete package by including a summons with each On the same day (or date you requested the clerk stamp on your docs) serve compliant via USPS certified mail with return receipt required. It takes a reasonable amount of time to fill out all the forms/addresses correctly so give yourself ample time Ito do this in the Post Office. Track the packages Once delivered, file the proof of service (via the 3 summons you possess) with court. Call to check if you need to psychically do this or can just certify-mail them back in.  
    ---------------------------------------------------------------------------------------------------------------------------

    In case you're wondering about timelines, it was as follows. Please note when I consulted with 2 attorneys both said my case was simple due to country where I came from and there were no convictions etc. involved. They both felt that my case was literally sitting at the bottom of someone's desk, yes for 7 years. Of course, if yours is not as simple then (it goes without saying) get legal help.
     
    I was surprised at the turn around considering the holidays and all. 

    Date filed and mailed -12/19/23
    Return receipt from post office receiived - 1/2/24
    Email from INS received saying they were working on my case  - 1/4/24
    Notice of approval sent via email from my local district office - 1/9/24
    Office approval notice titled "WELCOME TO THE UNITED STATES OF AMERICA" received in the mail 1/13/24
    Awaiting Green card which they indicated would be with me within 3 weeks or so.

    ---------------------------------------------------------------------------------------------------------------------------

    Next step: I was asked to file a notice of voluntary dismissal as the case has been resolved. I'll be working on that next and get that info out the door sometime this week.

    GOOD LUCK ALL!
    Example_Civil_Cover_Sheet.pdf Example Complaint.doc
  4. Like
    lplplpx3 got a reaction from Ontarkie in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    Nope, no reg flags, no criminal, no nothing, so no to all the above and spouse is from UK, I'm a US citizen by birth and lived here all my life. I just had the initial intake with Hacking who we are hiring. The lawyer is in agreeance that because there are no flags, the case is under a pile on someone's desk somewhere so we'll file a WOM and expect a response within 60 days. I'll definitely keep everyone posted, that's why forums like this are complete gold. I think we finally see some light at the end of the tunnel, lol. Thanks to all again.
  5. Like
    lplplpx3 got a reaction from Sam Burns in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    Nope, no reg flags, no criminal, no nothing, so no to all the above and spouse is from UK, I'm a US citizen by birth and lived here all my life. I just had the initial intake with Hacking who we are hiring. The lawyer is in agreeance that because there are no flags, the case is under a pile on someone's desk somewhere so we'll file a WOM and expect a response within 60 days. I'll definitely keep everyone posted, that's why forums like this are complete gold. I think we finally see some light at the end of the tunnel, lol. Thanks to all again.
  6. Like
    lplplpx3 got a reaction from OldUser in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    Nope, no reg flags, no criminal, no nothing, so no to all the above and spouse is from UK, I'm a US citizen by birth and lived here all my life. I just had the initial intake with Hacking who we are hiring. The lawyer is in agreeance that because there are no flags, the case is under a pile on someone's desk somewhere so we'll file a WOM and expect a response within 60 days. I'll definitely keep everyone posted, that's why forums like this are complete gold. I think we finally see some light at the end of the tunnel, lol. Thanks to all again.
  7. Like
    lplplpx3 got a reaction from apond in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    Nope, no reg flags, no criminal, no nothing, so no to all the above and spouse is from UK, I'm a US citizen by birth and lived here all my life. I just had the initial intake with Hacking who we are hiring. The lawyer is in agreeance that because there are no flags, the case is under a pile on someone's desk somewhere so we'll file a WOM and expect a response within 60 days. I'll definitely keep everyone posted, that's why forums like this are complete gold. I think we finally see some light at the end of the tunnel, lol. Thanks to all again.
  8. Like
    lplplpx3 reacted to powerpuff in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    I hope you see positive results. Please keep us posted. 
  9. Like
    lplplpx3 got a reaction from OldUser in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    Thanks so much @Cathi @Boiler just found them on Reddit too.
  10. Confused
    lplplpx3 got a reaction from OldUser in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    Thanks...didn't find "Hacking" on YT and sincerely, thanks for everyone's help. I got 2 calls set up for second opinions.  
  11. Like
    lplplpx3 got a reaction from Cathi in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    Thanks so much @Cathi @Boiler just found them on Reddit too.
  12. Like
    lplplpx3 reacted to Cathi in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    If your timeline truly is correct, WoM is the only thing left to do at this point. I suggest a new lawyer if you choose to go this route because if he/she is telling you to file an I130, they don't know what they're talking about.
  13. Confused
    lplplpx3 got a reaction from scholes18 in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    Thanks for your comments and help SalishSea and yes that's where/when I found out about Writ of Mandamus which I attempted to pursue and was advised on the i130. The lawyer actually refunded my money when he found out I was married and suggested the i130 which is when I came back to the forum see if anyone was familiar. Hope that clears this up for you. I guess you get a kick out of trying to make people feel stupid. Oh well! It's a pity we can't all be as clued up as you
  14. Like
    lplplpx3 reacted to SalishSea in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    Definitely not.  People who have applied post-COVID already have their green cards.   This 7 years is completely atypical, and something is very wrong here.
  15. Confused
    lplplpx3 got a reaction from SalishSea in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    I submitted an I-129F for my fiancée, and she received a K-1 visa. Once she arrived in the US, we married within the specified time  frame and filed the I-485 shortly  thereafter. Despite responding to an initial Request for Evidence (RFE) which was accepted and the case put back into "processing", the I-485 has been stuck there for seven years. During this time, my wife has received timely Employment Authorization Documents (EADs) and travel documents (I-131) from USCIS with no issues.
     
    Just learning about the Writ of Mandamus as a means to expedite the decision, I sought legal help. But the lawyer said I need to file an I-130 for my spouse BEFORE the I-485 as we're already married, which seems contrary to the typical process of going from the I-129F/K-1 visa to the I-485. I've never heard of needing an I-130 in this scenario. Can anyone help, clarify, or suggest next steps? The I-130 application costs over $500, so I want to be sure I really need to do this. But they insist that this is why the I-485 is being held up. Thanks.
  16. Like
    lplplpx3 reacted to OldUser in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    This is such a mess. What's the current status of I-485? What was the RFE for?
    It seems like a brand new I-130 and new I-485 may be approved within 18-24 months.
     
     
    Are you sure marriage and I-485 filing occured within the 90 days of entering on visa?
  17. Like
    lplplpx3 reacted to powerpuff in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    No, I-130 is not needed if married within the 90 days.
     
    However, with the case pending for 7 years, maybe the lawyer knows something we don’t.
     
    If I were you I’d get a second and third opinion from reputable attorneys.
  18. Confused
    lplplpx3 got a reaction from OldUser in K1 to I485 but a lawyer says we need I130 before which does not sound right   
    I submitted an I-129F for my fiancée, and she received a K-1 visa. Once she arrived in the US, we married within the specified time  frame and filed the I-485 shortly  thereafter. Despite responding to an initial Request for Evidence (RFE) which was accepted and the case put back into "processing", the I-485 has been stuck there for seven years. During this time, my wife has received timely Employment Authorization Documents (EADs) and travel documents (I-131) from USCIS with no issues.
     
    Just learning about the Writ of Mandamus as a means to expedite the decision, I sought legal help. But the lawyer said I need to file an I-130 for my spouse BEFORE the I-485 as we're already married, which seems contrary to the typical process of going from the I-129F/K-1 visa to the I-485. I've never heard of needing an I-130 in this scenario. Can anyone help, clarify, or suggest next steps? The I-130 application costs over $500, so I want to be sure I really need to do this. But they insist that this is why the I-485 is being held up. Thanks.
  19. Like
    lplplpx3 got a reaction from OldUser in No movement on i131 for over 10 months   
    Thanks so much for everyone's help. The original question was around my i131 which I now have clarity on, which is the beauty of forums like these. All the feedback in such a short period of time is much appreciated.
  20. Like
    lplplpx3 got a reaction from Dutchster in AOS Timeline for Spouse - Atlanta, GA   
    Thanks Scandi, I just checked and it was indeed Request for Initial Evidence so I guess you could say I filed in February but have definitely taken your advice and am no longer worried. Love conquers all, after all!
     
  21. Like
    lplplpx3 got a reaction from Scandi in AOS Timeline for Spouse - Atlanta, GA   
    Thanks Scandi, I just checked and it was indeed Request for Initial Evidence so I guess you could say I filed in February but have definitely taken your advice and am no longer worried. Love conquers all, after all!
     
  22. Like
    lplplpx3 got a reaction from Obba86 in DS-160 photo error   
    Hey, I had the same issue in Firefox (Mac). I found that if I left anything for a few minutes (i.e. to look something up) it would kick me out of the "session". Try the steps below.
    1. Make sure everything you need (information, photos etc.) is at your fingertips or add everything to another doc so you can easily cut and paste from that doc to the form.
    2. Search Google for "how to remove cookies from Firefox" (or whatever your browser is) and remove ALL cookies for "ceac.state.gov" (you will have to search for that term once you are in the remove cookies window). If that proves too difficult then just select "Remove ALL cookies".
    3. Although not necessary you may clear your browser cache too.
    4. You will have to start again. Anything you previously entered has probably been lost as you found out when you tried to log back in. So basically just start afresh. You are kind of up against a clock but DON'T RUSH as you do not want mistakes. There is some type of timeout set and I am guessing that you my have about 60 seconds between each question.
    After about 3 attempts I figured it out and this is what worked for me so I hope it helps someone else.
    PS Not an expert but trying to upload a photo might also make the system timeout so if that happens then I would just skip it and take your pic to the interview as I did. It definitely wasn't an issue for them.
    Good luck!
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