attaboyshort

1 minute ago, nykolos said:

You forgot the lawyers, they win regardless of the outcome, laughing all the way to the bank.

 

That’s very true!!!

Do not hire a lawyer waste of time and money, I started my lawsuit back in June 2021. Case is still sitting front of judge this day who will most likely rule in the favor of the defendants. So I will just have to wait. I just booked a flight to see my girl  today.  Covid wins. Government wins.

Quick update on my WOM. This January 13th will be the 3 month mark of waiting for a judges decision on my lawsuit. I honestly do not know why it would take so long. I’m also seeing a ton of petitions moving a long smoothly on FB groups after the being notified it’s being sent to the embassy.

On 1/7/2022 at 11:14 PM, RO_AH said:

There is still a huge backlog of people waiting to be interviewed. Then the NVC just opened the flood gates on a massive new number of applicants. Add to that the far overreacting Covid policies of the Philippines and that would would be the why. You think by March? Good luck to you!

She will be there by March or even sooner. It’s interview time and visa about a week later. I’m seeing it all over the FB groups. 

I have some good news for lawsuits stuck at the NVC. My friends K-1 visa petition is being moved from the NVC to US Embassy in Manila after a judge ruled in his favor. It was a 9 month lawsuit!!! I’m so happy for him! So there is hope after all with these WOM lawsuits. Now my case may be much different but at least some cases are being pushed through. This is also a relief to know that there was no issue with his petition being expired!!!!!!!! Great news! Glory be to God!

Ok I have an update to my case. The governments attorney has filed a cross motion to dismiss my summary of judgement. Using the time period of “ years” to not be unreasonable amount of waiting time.  My attorney said it’s up to the judge now and they have no time frame to when the case will be decided. I have also spoken to other members on this forum through personal messages and they have lawsuits pending as well. Some filed in February of this year , still waiting for a judge to decide. I filed in June 2021. My fiancé told me that the US Embassy in Manila is doing about 100 K-1 visa interviews on Thursday’s every week ( currently working on late 2019 petitions) now,  I am quite unsure how official this is, but it’s better than I thought. If anybody has any updates on their lawsuits please message me or respond here. Or any updates on interviews being conducted for k-1 visas in Manila, again please let me know. 

31 minutes ago, Wonderfullymade said:

We waisted a year and The CR-1 took one year from start to finish. 
 

happy for you guys! It will be much longer for me and many others. Unfortunately!

33 minutes ago, Wonderfullymade said:

My wife and I had the same problem with our K1. we forgot to include an Affidavit of Support and an original divorce decree. We never found this out until my wife went for her CR-1 interview two years later. I would say our CR-1 experience was 100x better. 

How long did that process take? CR-1?

Just now, HRQX said:

That is incorrect. Getting married means no longer meeting the being free to marry requirement; i.e. a withdrawal letter for the approved I-129F would be optional. Having filed a mandamus suit doesn't change that.

I’ve heard otherwise. And it’s still puts me in the back of the line. Have you seen the numbers on the line? It’s just gonna take years so it seems. 

Just now, Wonderfullymade said:

They are backlogged because of the pandemic, K1’s are not the high priorities right now. You are you are just going to have to wait. If you have a strong enough case just go ahead a get married and refile, probably will be quicker 

Yes K-1’s are in the tier 2 category. However since I have an open lawsuit I can not get married then file. I need to see the outcome of my case, then contact the USCIS to withdraw my petition. Then I could get married and refile, if I do not withdraw my pending petition I can not start another one. Going for a spousal visa puts me at the back of the line. I’m not 100% sure it will move any quicker. Back log is still over 500,000 petitions.

I agree. Lawyers are making a lot of money right now because of the pandemic, probably more than ever.

Just now, SteveInBostonI130 said:

 

 

I do not understand this.  There has been verified reports that pursuing your WoM will more than likely result in expiration of your K1 petition.  When given that information, I would think the best option is to stop pursuing the WoM lawsuit.

 

Please let us know how it goes.   It will be very helpful to the community to know the results.

 

I know, but the judge is gonna be making a decision. Like I said earlier maybe I really messed up.

1 hour ago, JaylaJade said:

Hello, I’m having the same issue. We were approved in May 2021 and they said they would send my approval to the NVC. I don’t know much about this process so I’m not sure what to do either. The 120 given are definitely up bu now but I have yet to hear from anyone. Can anyone please help me our on what I should do? Thanks in advance. 

Wait 5 years! 

5 hours ago, SteveInBostonI130 said:

Again, not retaliation mode.  Their first legal action, according to you, was a motion to dismiss the case.  If that is still ongoing, then I suggest you tell your lawyers to not contest that motion.  That will let your petition stay the course, waiting at NVC until the embassy is ready to process more K1 cases.

 

If you tell your lawyer to fight the motion to dismiss, and you succeed, then you force the NVC to "act" on your case.  The first action they can take is send the petition to the embassy.  But if the embassy will not allow that (which they won't because they are backlogged), then the only other action NVC can take is to acknowledge that the petition is expired and send it back to USCIS.

 

And all is this causing more delays.  The State department budget that could be used perhaps to process more cases is now being diverted to lawyers and court fees to fight the WoM.  And, they are actually fighting for your benefit by asking for dismissal.

I’m to far along in my case to back pedal, and I do not agree WOM are causing more delays. The government being slow and not staffing people, or attacking the work load is the real reason for delays. Covid? What about the vaccines and what about returning to normal in the work force? I go to work everyday, we work more now than ever.  Do you know in July alone the US embassy in Manila only issued 149 K-1 visa’s, with a back log of over half a million at the NVC? They have no dedication to a back log that is looking like years and years to clear. The defense ( Government ) is not doing me a favor trying to dismiss my case. They want the judge to ok a 5 year waiting plan. That’s insane! The government needs to start doing their jobs. Any of you ever pay for a service in your life or pay somebody for a resolution, and it not be full filed? Or you have to wait unGodly amount of time for the outcome to get what you need done. It effects people’s lives and quality of life. Nobody seems to want to argue that now do they? Also the courts are making a lot of money right now, $400 in court filing fees, I’m sure they are enjoying all the cases coming through financial wise. 

Great news but old news, it appears the NVC is in retaliation mode ( backlog woes) by sending petitions back to the USCIS from what I am watching and reading as of late. Wasting people’s time, money and efforts made to be with loved ones. Although, I have been messaged by many lately with lawsuits and we are keeping each other updated! It’s much more than I expected and happy to have the communication! Thanks 🙏 

21 hours ago, JeanneAdil said:

i did not imply you acted as victim

i asked if u knew which type of writ was filed 

 

was trying to help only

 

There are two different types of writs of mandamus:

• First, Peremptory: There are court orders issued against USCIS, telling them they must act according to their lawful duty.
• Second, Alternative: These are court orders that force USCIS to take a certain action or, alternatively, show the judge why it does not have to obey.

I did not mean to quote you on something that someone else was implying. My lawyer sued everybody involved, FBI, Embassy, USCIS, HOS etc etc. I believe it is a Peremptory Lawsuit.

Lmao! In my next life I want to come back as you, Mr.Perfect. Good luck to you as well. 🙄

Just now, Jorgedig said:

On the contrary, you come across as being victimized and uninformed.  I'm just telling it like it is.

 

And you may want to review the VJ TOS; anyone is free to post on your thread.

Again do you have any feedback on a current  Writ of Mandamus? I don’t care who posts, but obviously you have nothing better to do with your Saturday but troll on somebody who is need of some answers. You also have no validation to say the government is not messing with people’s lives. Yeah there’s Covid, I know, I had it. however, that is not an excuse to make people wait years who are qualified to be with their love ones, nor is it a reason to steal peoples petition money because they exercise THEIR right of writ of mandamus. 

3 hours ago, JeanneAdil said:

curious to know which of the 2 types of writs did your attorney file?

the "alternative "   just would allow the agency to show the judge why it does not have to obey  

 

and in this case "the reason would be covid, 

 based on local conditions and restrictions, but include local and national lockdowns; travel restrictions; host country quarantine regulations; and measures taken by our embassies and consulates to contain the spread of COVID-19.  

2 hours ago, PatLuvO said:

The larger K1 lawsuits with many plaintiffs have had success but individual WOMs haven't had luck. The state department lawyer will reply that the plaintiff hasn't waited long enough. They won't expire your approved petition you will still have to wait. 

13 minutes ago, Jorgedig said:

Don't blame "the system" for the pandemic or your lack of research about the immigration process.

 

You don't have a 'visa' to get sent back to the USCIS, you have a petition.  Learn the semantics, they're important.

 

When we choose relationships with people in other countries, it is fraught with special challenges that we wouldn't have in a relationship with someone local.  Again, it's a choice.  Pre-covid there were delays (often inexplicable), periods of very fast processing, inherent drawbacks to the K-1, and hiccups along the way.  Often, these can be avoided by educating yourself about the process, doing the reading and research, and owning your own process.  No lawyer, regardless of how much you pay them, cares about your process as much as you do.

 

Acting like a victim won't get you very far on VJ, nor will it solve your current situation, some of which you had control over, some of which you did not.

First of all, I’m not acting like a victim. I’m telling it how it is, second of all I asked if there had been any success with lawsuits at the NVC stage. I got my answers, and I have seem to accepted the outcome from my choices, as well I have been depressed about it. I came here for answers, not somebody to point out my miscues in my post. I have done more research than you know as well as have friend who went through the process. I know you probably feel like you are all high and mighty with a snoody comment ,but have you filed a lawsuit?  Can you actually reply to helping me answer my question? Do you know exactly what I am going through on a daily basis in my life? If you are not here to give some feedback about a lawsuit like the others that have posted, then move on. As far the video from Jim Hacking, looks that was dated July 31st, 2021 and my lawsuit was filed back in June before any lawyer has been coming forward about K-1 visas not going forward with  lawsuits.  I’m not on your post’s  trying to pull my weight around or call you out. I simply came across this forum last night and asked a simple question. I’m new here, and could honestly care less of your opinions about me or how you feel things should of been done. 

Not exactly quite sure, just the standard writ of mandamus. But from what I’m reading here, looks like I’ll either lose due to covid, or I will get my visa sent back to the USCIS where I have to start all over. Which is absolutely insane because the delay has caused an expiration not me. This is also a new tactic that the NVC is using. Not the normal proceedings according to the lawyer. It is a way of taking $ and not doing their job. That’s the bottom line. A lot of people a very frustrated as all Embassies take their times to resume and blame covid. Imagine waiting years to be married to someone just because they live in another country. This is Messing with peoples lives. Facts are facts.

Just now, Adventine said:

 

Consider a Utah Zoom wedding which will allow you to get married while you are physically separated, give you a marriage certificate which the Philippine Embassy will accept for issuing you a 9A visa, which will then allow you to visit your wife in the Philippines and file a US spousal visa application. Details are in the Philippines subforum.

Will need a link, I am having a hard time navigating the forum and very new here. 

3 hours ago, nastra30 said:

Honestly, suing NVC is tricky in this instance. Because NVC is indirectly not the agency holding up your case but rather the USEM. NVC will promptly send the case to the Embassy if the embassy opens up interview slots and notifies NVC. NVC is just a pass through for K-1s. 

Due to all the problems caused by the pandemic, the USEM automatically extends the expiration of K1s stuck so if the WoM forces NVC's hand, they'll just expire it and return it to USCIS.

This is what i am quickly finding out.

2 minutes ago, SteveInBostonI130 said:

They are not retaliating.  They are doing the best they can with the personnel shortages and the embassy closures.   The solution is either more funding for personnell or make the process more efficient somehow (I have some ideas - like review by exception, etc.).  Or have congress change the immigration laws.  Easy Peasy (why is there no sarcasm face?)

Like I said I will update here in a month or so. I wish I found this forum before I filed a lawsuit. Maybe I wouldn’t have filed one. I guess worst case scenario is I go get married in the Philippines and apply for a CR-1 spousal Visa. What a joke all of this is. I have a friend pre covid who got his fiancé here within 11 months with a K-1 visa. Must be nice. 

4 minutes ago, SteveInBostonI130 said:

 

If you win your WoM case, then that means the NVC will have to act on your petition.  A WoM is just an order for them to take action.  Normally they are holding it until the embassy tells them to send it over, even after the petitions have expired after 4 months (sort of automatic exception).  But because of the WoM, they cannot just hold it.  One option is to send it to the embassy.  But if the embassy has no openings in their schedule, NVC cannot send it.  The other option is to not make an exception for the petition expiration and send it back to USCIS and let it die (be archived for records).  It seems that the latter is what the NVC is doing if their hands are forced by WoM judgements.

 

Pre-covid it could be argued that it is against normal expectations that K1's are held at NVC for over 180 days.  But due to the pandemic and the backlog, the new normal is 180 days+.

Ok thank you for all the replies, it appears the government wants to retaliate by keeping our $ and wasting time in our lives. Funny thing is, people that have been approved in 2021, and do not file a lawsuit, will be waiting most likely 2 years for an interview. 

So I guess no one has had success with a lawsuit?!