Danii

Hey everyone, as promised here is some info I got from one law firm about writ of mandamus. I'm talking to another one tomorrow. 
 
- If you've been waiting more than 1 year since filing i130, your case is considered delayed by most law firms. I've been waiting almost exactly 2 years, they said mine is considered very delayed. For this reason, they said I have a strong case and filing is appropriate, especially since I've had the interview. I think we're all in the same boat here. 
- The firm I spoke to is Goldstein Immigration. They quoted me $4500USD based on my case. I think it would be the same for everyone here. The other Canadian poster used Kuck Baxter and paid $5000USD. I will update this reply w the quote of the other firm (Hacking)
- They can file your case within 1-2 weeks if you decide to work with them. You pay up front or in installments. If your case is approved before they've completely filed, they will only charge you for what they've worked on. It wasn't very clear how much that'll be exactly... I'll ask them to clarify. I've heard that Hacking is similar, not sure about Baxter. 
- As @deep2ca said, this lawsuit forces the consulate to give you an update about your case within 60 days. You may not get a firm decision at this point though, it's possible that they may just ask you for additional information. From their experience though, going this route *magically* puts your case at the top of the pile, and almost everyone gets approved within 2-3 months (this was their "safe" estimate. It can be faster). I think the best part about this route is that it does give you an estimate processing time, even though 2-3 months is still too long. The uncertainty of this process is what's killing me so maybe it's worth it? 
 
Sucks that we have to drop $$$ and basically intimidate the consulate with a lawsuit into doing something that shouldn't take a lot of time just so that we have a more concrete timeline 😕
 
Let me know if you guys have any questions

@Danii it was a long, long road. Thanks to all of you who were there to listen to my impotent raging along the way! 

So glad I decided to lurk today, many many many congratulations, ice-qube. I'm so happy this is over for you. Wishing the best for you and your wife and hoping that all your journeys from here on out go smoothly with no complications 🙏

Sorry I have been quiet. I actually just this week did my landing and been visiting my wife for the week. There is still more transitional logistics type stuff to be done before I physically move, but my legal journey with the dysfunctional immigration system is at least done. Thank G-d.

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.

Hey everyone, as promised here is some info I got from one law firm about writ of mandamus. I'm talking to another one tomorrow. 
 
- If you've been waiting more than 1 year since filing i130, your case is considered delayed by most law firms. I've been waiting almost exactly 2 years, they said mine is considered very delayed. For this reason, they said I have a strong case and filing is appropriate, especially since I've had the interview. I think we're all in the same boat here. 
- The firm I spoke to is Goldstein Immigration. They quoted me $4500USD based on my case. I think it would be the same for everyone here. The other Canadian poster used Kuck Baxter and paid $5000USD. I will update this reply w the quote of the other firm (Hacking)
- They can file your case within 1-2 weeks if you decide to work with them. You pay up front or in installments. If your case is approved before they've completely filed, they will only charge you for what they've worked on. It wasn't very clear how much that'll be exactly... I'll ask them to clarify. I've heard that Hacking is similar, not sure about Baxter. 
- As @deep2ca said, this lawsuit forces the consulate to give you an update about your case within 60 days. You may not get a firm decision at this point though, it's possible that they may just ask you for additional information. From their experience though, going this route *magically* puts your case at the top of the pile, and almost everyone gets approved within 2-3 months (this was their "safe" estimate. It can be faster). I think the best part about this route is that it does give you an estimate processing time, even though 2-3 months is still too long. The uncertainty of this process is what's killing me so maybe it's worth it? 
 
Sucks that we have to drop $$$ and basically intimidate the consulate with a lawsuit into doing something that shouldn't take a lot of time just so that we have a more concrete timeline 😕
 
Let me know if you guys have any questions

It took about 3 months. The Consulate asked for a 1 month extension after their 2 month  court deadline had expired. 
Most of my information is in my timeline. My interview was Dec 9th 2021. I was put on AP and was asked to complete a DS 5535 form. We waited until May 2022 to file a WOM with Joshua Goldstein's firm. We never heard anything back until I was asked to do my medical last month. We were approved exactly 3 weeks after my Medical appointment.
Thanks! I did my medical with Dr. Ian Zatzman. He is very efficient and sends the results electronically 1 week after your medical appointment. We didn`t have to do anything else.
 

a month away from a year in this hell! damn did not think it would be a year and nothing.
sure beats the 2-3 week timeline the officer told my mom.....

I appreciate all the congratulations and support, and I am optimistic that it wont be much longer, but lets save them till I actually have a visa. Considering the backlog, I wonder how long it will take from here, I am hoping within 60 days. 
 
 

I did not file a lawsuit. I think cases are just starting to move along. Had my interview in October 2021 so its been a long time coming. 

I received some good news. On Friday July 8th I was contacted by the consulate by email and told to continue processing my case to send them a new RCMP background check, new medical (old one expired), 2 new passport pics and my passport. I am starting to see the light at the end of the tunnel! Hopefully not too long from here. 

Right!? When I asked them directly about why they asked for court fees and if we would be reimbursed had that succeeded,they basically said that the point is to reunite with family DONT WORRY ABOUT THE MONEY 🥰
 
pretty infuriating but I still feel no other option

I did not contact the embassy. They are genuine updates. 

250 Days since submitting the DS-5535, and no news-- such a nice round number! how shall I celebrate this distinctive anniversary??
 

My husband's interview was on Jun 08, 2022. He was so shocked when he was handed a 221 g refusal. Because everything had gone so so well during the interview until the end when the officer handed him a 221 g refusal, telling him that his documents were fully complete and he wished he could approve my husband's visa today but he can't. Further informing my husband to expect an email within 48 hours and not delay in responding. This past Thursday, we received an email for his 15 year travel history, 15 year employment history, spouse's names, siblings names (i.e. the ds 5535). We responded the same day, but for some of the responses we just indicated that the information was already in the DS-260. We received a response on Friday asking us to provide all information including everything that was already within the DS-260. So we resent our email with all responses included. Now we are waiting.
 
The kicker here is I, as the petitioner, had already request an expedite during the previous two stages because my father passed away last year and I needed my husband's emotional support to take care of my mother. And two days before the interview, one of my brother's passed away. So pretty much I have been struggling with my own emotions as well as trying to take care of my mother, I feel physically and emotionally exhausted and I really thought all we needed to do was get through this interview and I'd finally have my support system with me. My heart sank when I found out we were in AP and there was no timeline (supposedly 2-3 weeks according to the officer, but it doesn't sound like it). I feel dejected beyond words and I miss and need my husband. But I can do nothing about it, I do feel like it is inhumane to keep spouses apart for as long as spouses have to be apart during the immigration process and our immigration needs reform (AP or no AP).  
 
Anyway, I'm happy I have some semblance of support here in these forums, but I pray for all of us to get through this quickly so we can get on with our halted lives.

Hi everyone, just an update on the trends we're seeing.
 
For me, seeing this information helps me feel a bit more in control of my life and I can know what to expect.
 
I find it extremely horrible that of the cases I've seen online, only 4 cases have been approved in the last 3 months, two of which had a WoM. Meanwhile on K-1 groups, people are jumping for joy and getting their visas at breakneck speeds. Most of these people have applied long after we have. I am happy for them, don't get me wrong. But it is hard not to be jealous, let's be honest.
 
It seems like WoM is the only way to get a case to move forward these days. Immigration is severely unstaffed and seems to be prioritising new cases and interviews instead of closing out cases that have been open for months. It's heartbreaking.
 
Of the cases reported online regarding Montreal Embassy
 
OPEN CASES:
No. reported open cases on VJ and FB: 41
Oldest Case: 244 days
Newest Case: 32 days
Average days open: 151 days
 
Interview Month:
October 2021: 7
November 2021: 4
December 2021: 7
January 2022: 4
February 2022: 12
March 2022: 5
April 2022: 1
May 2022: 1
June 2022:
 
APPROVED CASES IN THE LAST 3 MONTHS
Cases approved in the last 3 months: 4 (2 of which had Writ of Mandamus).
Average days open of cases approved in the last 3 months: 159 days
Oldest case approved in last 3 months: 204 days (WoM)
Shortest case approved in last 3 months: 117 days
 
APPROVED CASES 2022
Cases approved this year: 21
Average days for approval in 2022: 107 days.
 
Maybe we should all contact our senators with these numbers and show them what is actually going on. We should not have to pay 5K to be with our loved ones. We should not have to pay for two medical exams because we were asked to get one even though they knew they were going to hand us a DS-5535 and put us in AP.
 
I'm sure they are overwhelmed with applications but they need to allocate resources to the backlog in AP.
 

Hi everyone. I am an existing group member of this thread,  but have changed my screen name.  I wanted to share a response I got back from our Lawyer today as I have been sharing updates of this group with her and what our next steps should be regarding our specific case.  I do remember some chatter a few weeks back about a group suit and I brought that up to her.  This was her response:
 
"I reached out to some colleagues regarding a Mandamus suit in general and a class action.
 
The attorney I communicated with, who his whole practice is suing, recommended a couple of options.  First he recommended Jesse Bless at Wasden, Bless & Forney for a class action suit.  Jesse evidently was the litigation specialist with AILA and used to work for the DOJ in the immigration litigation department, so he knows his stuff from both sides and has one other cases for similar matters.  He also told me that the State Department was recently sued, and lost, a case where they admitted to deprioritizing certain types of immigration visas, the judge found that a violation- so who knows what could happen here if it’s found that the Montreal consulate is putting cases in administrative processing inappropriately.
 
Alternatively Brian, the attorney I emailed with, says that he could do a group suit for cost savings.  In other words he would file a mandamus for individuals but would do it at the same time (I’m uncertain of the specifics on how he proceeds), the main point is that the individuals can share the cost of his fees.  Anyhow, the question becomes if you want to pursue this.  If you want to file a mandamus we can do that, if you want to make change at the source then it’s likely that you need to do a class action or a big group filing."
 
______
In other news, I joined the USCIS public relations Zoom they held last week which was to discuss how they plan to clear backlogs and learned that currently there is a 5.2MM case backlog.  They have 4000 open positions - FOUR THOUSAND.  Essentially the first 20 min of the zoom, was a recruitment trailer - which was a complete waste of the presentation as I am sure the majority of the audience were foreign applicants who are all in various stages of egregious delays.  What I took away from it, is that this mess isn't ending any time soon and surely there will be an increase in WOM by those who have the means, and then those who don't will be delayed further.   
 
Personally, I am not sure I want to take on organizing a law suit against the USCIS, as we are now in the process of my American partner coming to Canada.  The Texas shooting has given us major pause (among other unsavory American political and cultural issues), and has us questioning whether America is actually worth it for us.  
 
Anyhow, I wanted to share regardless in case someone here does have some time on their hands and wants to really put the Montreal consulate's feet to the fire. The fact that we have not seen any non Mandamus influenced movement since March 5th is a pretty bad sign.  
 
God Speed all.  

You are OG, bro. I am still waiting for the day I can cheer.

Well you or any of us shouldn’t *have to* pay, even if we can. This is outrageously unjust. I already pay a lot of expenses for myself and help my wife as well, there is no extra income to just blow on mandamus suits. Do people not need savings or otherwise for, you, know, *other stuff*? This is my whole problem with the mandamus thing. It is wrong that I would have to blow a significant amount of money just to get what should be a simple decision on my visa. I am resisting it, yes, on principle—because this is garbage. People can say, “oh you should just do it and get it over with,” but I disagree. The principle of having to pay a large sum of money to a third party just so I can finally receive a decision is utterly unjust, besides the financial consideration. The government is obligated to respect the right of my wife, a USC, to make a decision on admitting her husband to live with her in the United States. I appreciate that all of you are willing to pay extra money just to make the suffering stop, but I am not. It is not my obligation to do so, it is the government’s obligation to provide a decision on my case, without forcing me and my wife to file a costly lawsuit. If anyone is willing to file a class action mandamus suit, if that is possible, I would consider joining, but no, I do not want to pay this ransom money to get what is supposed to be due, long before.

Booked my consultation today to find out more about the WOM, some family offered to help support us, I hope we all get lots of movement soon. Will keep everyone updated. 

Hey guys,
 
I haven't been on here for a long time (8 days). I used to regularly check in 8 times an hour (lol). I'm here for 2 main reasons.
 
First, I know how much it must hurt when someone gets approved and they announce it on here while you are still waiting (whether you admit it or not). I know I used to slightly envy those approved (whilst still being happy for them). However (and finally), I have the chance to witness my name turn green on the spreadsheet, as not only am I approved and issued my Visa, but I am also in Florida with my wife, reunited after 1,003 days. They asked for my passport back on April 11th, I was issued on April 28th, got my Visa on May 2nd, and entered the U.S. today (May 6th). Apparently clearance was received on March 30th. I am #37 on @Danii's spreadsheet.
 
The second reason why I am here is for my 'brother from another mother,' @ice-qube. Brother, if you are still waiting, which I think you are, my wife and I hired Joshua Goldstein to help us with the Mandamus lawsuit. I know he used to charge $4,500 USD, his price might have gone up, but maybe you can ask him for the same price as one of his previous clients (me). Tell him that you are my friend or something and that I recommended him to you. I've never felt this bad for someone I have never met before, but I do because I was in your shoes and I know exactly how you feel, man. I believe you applied for your Visa on June 18th, 2019? If so, that exact date was symbolic for me too (as you can see, that is the 1,003rd day I've been waiting to reunite with my wife). I applied for my Visa in October 2020, but June 18th, 2019 is symbolic in a different way (we can talk about it when we meet in Florida).
 
If you want, you can send me a contact of yours in the direct messages, maybe Instagram, Facebook, or Twitter (I don't have a phone number yet). Let's keep in touch for the better days to come. In the meantime, stay strong, YOU CAN fix this madness, just as my wife and I did.
 
For the rest of you, thank you too, for healing my depression in some way, as I knew I wasn't alone in this. However, I am starting a new life now, and I will no longer be checking this website, as it gives me terrible chills. I hope you understand. All the best to everyone, and good luck!

Thanks everyone for sharing your stories. It’s refreshing knowing we’re all experiencing this together. I do believe there is an end in sight here. We have no option but to be positive and keep helping each other out through sharing information as best as we can. Let me share my story and experiences… 
 
My interview: 
February 14th and I had initially thought Valentine’s Day was a positive sign to ending this disconcerting process. At the end of the interview, the CO recommended approval. Cloud 9 was reached with a huge sigh of relief. The feeling of being in “life limbo” was over. A new beginning awaits. Finally, it’s time!
 
The dreaded DS 5535:
Only a few hours after sharing my news, as well as rambling on about VDay being some form of omen to friends and family, my Cloud 9 immediately went dark. The sound of thunder heard from my iPhone of an email notification was the request of the DS 5535 officially bringing this black hole of an undue process alive. I must say though, it definitely wasn’t only a 60 min burden to complete this, as noted in the form’s footer - haha, this thing literally took me hours upon hours to complete! Thank you coffee and beer!
 
After a blast to my exhilarating past, I tiredly clicked send and emailed DS 5535 as a Word Document on February 16th (@Danii hit me up in your spreadsheet). My case status updated twice that week. I didn’t receive an email confirmation nor automatic reply, most likely because I “replied” to their email.
 
But what could have triggered the need for AP? I apprehensively checked my case status hourly at first (just imagine their IT team reviewing the number of times we login to check our case status?… Lol) to now only a few times each day - only to false hope myself for a mere case status update. Please?! I have become my own worst enemy searching for impossible answers for being in AP, though; I do have a technical educational background and work history, and I have travelled extensively over the years.
 
Emailing the Consulate:
I emailed the consulate twice starting in March inquiring on whether they received my DS 5535, the status of my case (the “Refused” really threw me off initially, thank you so much Google for clarifying this definition in this context), and timeline to process this type of form. The consulate emailed back in less than 5 business days each time with a personalized email added to a standard email reply. Contentedly, they addressed my specific questions and mentioned they cannot predict a timeline for this process, but can be lengthy. Well that feeling really sucked.
 
My thoughts on mandamus:
While I think it’s a good option, the one thing that’s resonating with me is that it could force the consular officer to unwillingly adjudicate and make a final decision on an inconclusive case. They could, hypothetically speaking, deny a case if they feel there’s a potential threat to security, or an unresolved investigation is still pending for that matter. The caveat here is, there is uncertainty whether or not a given case received a “hit” in their database or, rather; they’re strategically employing this black hole of a process as a means to reduce the significant backlog of cases from 2021? But there goes my mind again. How can it not?
 
So we wait and each new week in AP for me be all like… 
Monday brings on hope and some form of bizarre happiness. Friday brings on further questioning, frustration, and a sense of hopelessness if no case updates occur, or email inquiries answered. It really sucks approaching weekends because we know nothing happens on weekends. But in an uncanny way, gives our minds a bit of a break. I tell ya… lol.
 
Thanks for reading this everyone, and hope this helped put a smile on your face today
 
 
 

Hi all,
So sorry to hear that there hasn't been much update for those of us hit with the DS Questionnaire since late 2021....my husband ended up getting a job in Ontario and he's pursuing Canadian PR now. We can't afford to keep waiting in AP Hell so we're going through with this backup plan of him moving to Canada. I know it's not much of an update that y'all would want to hear to keep the hope alive, but this is the new route we are taking as it stands. My interview was back in early November 2021; haven't had a SINGLE update on my case since December 2021, literally almost five months ago. We've been in the dark since then and every email asking for updates has been met with a robo reply. Hope everybody is taking care, and stay strong no matter how you choose to manage immigration frustration! Wishing better news to come!

Hey @Danii
 
I had my interview Feb 7th , same day DS-5355 form was asked submitted it the next day and still nothing

@Danii Hi, I'm also a long time lurker. I had my interview February 02. Sent my DS-5535 February 06. No updates, unless I've emailed them to check (last time was March 16).