ice-qube
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Everything posted by ice-qube
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Well, update, Hacking Law has sent us a draft version of the mandamus filing to check over. I guess this suit is going forward soon.
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Wait, why is it the Ottawa embassy that must answer in your case?
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My principles are hard, but not so hard that I could continue doing nothing in this particular situation. I had to compromise, but I am not doing so with happiness. It is actually very angering that I am forced to do this. This is a steep price to pay.
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Well I have finally done it, signed agreement with Hacking Law for the WoM. I am not happy about the enormous expense, but hoping that this brings some power back to me.
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You were in AP and you escaped without WOM?
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You file WoM yet? I am still on the fence. If they decide to start fighting some of these, they will likely win because the court decisions show that the court doesn't even think *four years* is too long for even a spousal visa. And I have already had terrible luck, so not sure. Then again I don't know what other options there are, because, well, there aren't any...
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Yeah I hear that. My wife just finished being a student and although she was working some during, there wasn't really a way she could contribute to this. In fact, I was sending her help at times throughout. Now that she will be working in a 'proper' full-time job again it is possible she could help in future. But right now WoM suit would be all on me. That is a lot.
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Ah yes you have decluttered it well, and now I am still just left here lol.
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Has anyone noticed CEAC not working in the last couple of days? I just tried again now, the submit button seems to produce no response from the site.
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Nice, similarly I will be visiting wife in Miami this weekend! I am wondering if any of the people here who have already filed WoM have any movement in the past week.
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So does that mean everyone got their visas and are gone?
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Be that as it may, I am referring to the judgment as written, which is sadly now part of case law. According to that decision, COVID very much is one excuse that the government can use to defend itself for these absurd time delays, and this was a case where the plaintiff had been in AP for over 3 years. We can say amongst ourselves that they ought not to be able to use that in AP cases—but this court decision legitimizes them doing so.
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I mean, I tend to agree with you yes, but there is a great deal being discussed in this case that could make winning a case, if it actually went to court, more difficult than it would seem. This case affirms that the government could successfully use the COVID excuse, that they could use the fact that there is no statutory or accepted standard of what constitutes "reasonable" timelines, that prioritizing the processing of a case over others de facto disadvantages those other cases in a system with limited resources, and so on. In my opinion, we would not want this to get to trial given what is discussed in this particular judgment.
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There is one issue here that is relevant, however; if the govt decides to start going to court with these, it does appear based on my quick reading of the judgment he is referring to, they could very well end up denying relief under WOM to make a decision. Which means we would have spent $5k USD only to continue languishing in administrative processing ad infinitum. In fact, most problematic about the case he cites... is that it is actually a spousal case.
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A DV is not quite the same situation as a spousal visa, is it though?
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of course WoM *could* fail *if* they went to court and there was some legitimate or at least ostensible reason for it. However, this is not what we are seeing with these cases in Montreal on this forum. We are seeing the US attorneys just decline to defend the suits and tell the consulates to continue pushing the cases ahead. For a WoM defence to succeed, the government lawyers will at least have to have some arguable reason to convince the court that it should not compel the agency to make a decision. OK what were the facts in the case here?
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Which person was that? I don't recall reading it.
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Not much, amigo, if the rest of our experiences have any predictive value. Yes i believe that you are likely right. If this was the case, they made us go to the consulate on false pretences, essentially. This is debatable. If the case actually got to court, it might lose on the prospect of it only having been 90 days (according to all I have read, the rule of thumb--there is no statutory definition--is that any time within six months for a decision is "reasonable"). However, it seems to me these cases are never even getting to litigation now. The US attorneys obviously know these are not legit national security holds, which is exactly why, shortly after receiving the summons for the WOM suit, they seem to just tell the consulate go ahead and get processing again. In that light, perhaps if you find a lawyer willing to take it on earlier, it might be fine, because it will never likely see a court. I am still dithering on WOM, just because it sticks in my craw so much, but it sure seems like there is no other way now. And that really just makes me even more disenchanted with this.
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Why? Yes I have my reasons: annoyance just on the principle of the thing, and the extreme amount of money involved. That's it.
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100% echo your frustration, I really do. It is abhorrent, and unjust, and it is a completely dysfunctional system. It has put enormous strain on my marriage and my finances and my life in general.
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lmao. Yes, silly me. And forced to pay $5,000 USD just to go forward, it seems.
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Your frustration is felt by many. Surely you have both my empathy and sympathy-- I am nearing one year in AP.
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I agree man, it almost isn't worth it.
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I actually did include my expired Canadian passport numbers in the info. Still, some good it did me lol. Congratulations! Hope we all follow you someday...