callmeshelle

yup.  And it sucks.  It ain't fair, all of us K-1 applicants are following the legal immigration path and we have a reasonable expectation that our government would similarly act legally!  (I think we all agree on that). 
 
But being angry at the couples that joined the lawsuit is misdirecting the anger...the perpetrator of the illegal act is the US Government - as ruled by the US Federal Judge.  (I know you aren't doing that, this comment wasn't directed at you, it was more general)
 

I get that you are mad that happened.  But "who" are you suing for "what damages"?   (rhetorical question - there is no case worth pursuing there).  
 
To be 100% clear, people that sue the government on immigration issues are getting processed way before others that have waited.  It happens.  The world ain't fair (I would hope everyone knows that).  
 
If you want to be angry about something, sue the US Government for illegally refusing to process K-1 visas (and other visas) and illegally blaming the travel bans.  2 US Federal Judges have ruled that to be true.  That is what I was angry about and I thus sued the US Government on that issue and won.  That is why over 500 couples have done the same by joining the Milligan lawsuit. It is not only maddening that the gov would do that - it is illegal. (not an opinion, it has been so ruled by 2 Federal Judges).

That is exactly what is already happening. Plaintiffs are being moved ahead. Non-plaintifss are being ignored, no matter how long they have been waiting.

Maybe that's the case at your consulate, but not at others, so don't "clear up" with false information.  All round 1 plaintiffs got interviews the same week in Mexico despite months of differences in NOA2 dates.  You can see many non-plaintiffs without interviews scheduled in Mexico on this forum.

My fiancé got an interview and us sitting next to me here in the USA because of the lawsuit.  Most posts about the lawsuit get deleted by the admins so people don't know the status.

I hope you will meet with your love soon! 🌺

I received my NOA2 in Jan and my fiance lives in China. Ive been waiting for them to announce new applicants. I was so happy to email the Siskind and to get an email hours later Round 3 was open. I sent everything without hesitation. With the progress Ive seen from the other plaintiffs, Im sure he’ll be here soon! 
Im desperate and will try anything. I just turned 26. My dad died from covid. Im still in nursing school. I have to manage his businesses he left behind. I would do anything to bring him here sooner so I wont be alone. 

I received my NOA2 in Jan and my fiance lives in China. Ive been waiting for them to announce new applicants. I was so happy to email the Siskind and to get an email hours later Round 3 was open. I sent everything without hesitation. With the progress Ive seen from the other plaintiffs, Im sure he’ll be here soon! 
Im desperate and will try anything. I just turned 26. My dad died from covid. Im still in nursing school. I have to manage his businesses he left behind. I would do anything to bring him here sooner so I wont be alone. 

Imho, the decision as to whether to join the third group in the lawsuit should be based on the following:
 
1)  Are you at NVC or the embassy?  If yes, then keep going down this list
2)  Are you at a travel banned country?  If yes, then keep going down this list
3)  Do you have $2000 that you can afford to spend on this opportunity?  If yes, then keep going down this list
4)  Do you think Biden will keep illegally using the travel ban to prohibit K-1 visa issuance?  If yes, keep going down this list
5)  Even if Biden does do the right thing (or if the Judge orders the gov to process all K-1s), do you believe there will be a significant delay in K-1 processing due to the huge backlog that has been created during the past many months of near zero visa's being issued?  If yes, keep going down the list
6) At this point, you meet the criteria, you have the money, and you think your visa will be delayed one way or the other = JOIN THE LAWSUIT
 
The only way you regret it is if Biden or the Judge orders the Dept of State to stop acting illegally and process K-1s soon.  In that case then maybe the benefit of being in the lawsuit isn't as great.  HOWEVER, there is a possibility that the plaintiffs will still get priority even in that instance (despite what is written on the DoS website, the plaintiffs have most certainly gotten priority recently in both banned and non-banned countries).  For those that wonder why that would be, its to do with the "mooting" strategy that the government often deploys in these types of cases.  They do not want the lawsuit to go on and that means they often decide to process the visas and then there is no reason for the lawsuit to continue, so it is dismissed.  That strategy "might" still be used once the K-1 floodgates open for all.  Don't take what I'm saying here as 100%.  I am speculating about this last part.  But, if I were considering joining the lawsuit, that is a question I would ask the lawyers for clarity on.

Many of the plaintiff's received NIE's.  Some for medical reasons, some didn't even ask.  I begged our embassy for an NIE and didn't get it. So its simply untrue to say "no NIEs" for the plaintiffs.  The judge did not order NIEs for all, but I'd estimate around 20% have gotten them.  Many of the plaintiffs were not in proclamation countries, so they were able to travel straight to the USA.  The majority of them are already in the USA.

most of the people in the first lawsuit group gave up on VJ and either never did, or stopped posting here.  As of now, all but 6 of the original 198 (iirc) plaintiffs have either moved to the USA, gotten the visa or have an interview scheduled.  The 6 difficult cases are in non-proclamation countries (meaning not travel banned) and those cases are not moving for their own unique reasons (AP and other reasons).  
 
To directly answer your question, I am a VJ member and we were in the first group.  We got very prompt and kind assistance from our embassy right after we sent them the email informing them of the judge's order back around December 1.  They made a special interview slot for us and we had our visa two weeks later.  There are over 100 similar cases that I follow in our private group. (fwiw, before the lawsuit, I had my congressperson try to get me an expedite, I tried 2x myself.  We were denied each time.
 
Put simply, the lawsuit worked. (clearly for proclamation countries, which is why the new 3rd group is only from those countries).  To be complete, there were many plaintiffs in group 1 that were not in proclamation countries.  The government has processed nearly all of those visas also (see the "mooting" strategy below).
 
The proclamation countries are still (even under Biden) not processing K-1s (except for literally less than a dozen or 2 emergencies over the past 8+ months that I've seen).  The judge has ruled that not processing K-1's in the proclamation countries is *illegal*.  (in fact 3 judges have ruled that).  Thus far the government has decided to only apply that judge's decision to the plaintiffs.  As part of their legal strategy, as our lawyers predicted, the government moved to moot the cases (meaning process the visas so there is no reason to sue) in order to get this suit to go away. There is a lot of detail behind the case and the strategy, and non-members are not privy to it.  But that doesn't seem to keep them from having strong uniformed opinions.

There is a big thread about this suit in the sub forum

The deadline is February 15th.

Agree

Being a plantiff of this case does put you ahead in front of the non plantiffs. It is true each embassy might handle this differently. My embassy in Poland specifically told me they will only schedule interviews for plantiffs in this case. So to say this is not worth trying is false. 

Hi everyone,
 
The lawyers responsible for the M v P lawsuit are allowing a third round of plaintiffs to potentially be approved. We’re debating on joining given the cost, but we wanted to ask you all if it may be a good idea to join it. We are applying from Brazil and would like to know if it’s a good idea. Our case is stuck at the NVC.
 
Thanks! 
 
 

We joined this third round. I regretted not getting involved with the first one, but I didn't think it would go anywhere. Now that we've seen it successful twice and lots of the early plaintiffs have had their interviews I have high hopes that this will work out.

I 
Pandemic? Since February 2020, I’ve flown to and spent time in Egypt, Romania, LA, Philadelphia, New Hampshire, and Seattle. Not once have I seen any evidence of a true pandemic. Sure, I’ve seen lots of arguing scientists and dubious reporting and political fear-mongering and government decrees and obediently nodding citizens, and rights being yanked from all of us. I have not, however, seen any evidence of a true “pandemic”.

Please let us know if this works. My noa2 was just approved. My fiance lives in china but I am interested to see if he can go back home to Sierra Leone, maybe a better chance to interview

Received the visa in the afternoon and entered the US together within 12 hours of the interview.

It may seem like overkill, however having a negative test doesn't prove anything. You could be asymptomatic or even symptomatic the very next day you have a negative result. That is unfortunate, as the tests are limited in what they can do, and some of them are very much inferior. I know several people that have had negatives from a rapid style test that were certainly symptomatic and very ill, one of them dying in the ICU. Because of the negative results some individuals have taken it as a sign of 100% clean bill of health and have taken risks, leading to family members being infected. There are several working theories as to why the false-negatives happen. Even PCRs are not foolproof and a false negative can happen for a variety of factors.
 
The CDC has always said if you have a risk of exposure, you should be quarantining yourself for the 14 days, as a negative on day one does not mean you will not be negative on day five. Incubation periods and all that are things people don't tend to think about in this context. It is additionally why, if you are ill, after recovery period and quarantine, the individual should be directed by their doctor to have several negative results over a period of days and not just a single negative result.

I’m finally getting the NOA2 today in the mail and sooo happy to hear that my embassy will start to do interviews next month! 🥳

Finally approved!

Hey All. I mailed my application on 5/16 and got NOA1 on 5/28/2020. I’ve been checking the case tracker app religiously. I just checked again tonight and saw my I-129F petition was approved on 1/21/2021!

hello my case was approve today ! 
noa 1 april 4, 2020
rfe dec 15 2020
noa 2 jan 21 2021