APRIL '08 Vermont K-1 Filers

[BexandAlan 0]

Awwwww congrats on everyones recent VSC violations - lets home that it means they are doing some work.

I hope everyone is well and looking forward to the weekend!

xxx

[Susita 175]

I'm waiting to be violated again. Or an approval would do, haha.

Patiently waiting......

How are all of my friends doing today? It's sunny and not raining anymore here in NY!

AND my lovely boyfriend just surprised me, he's taking english classes again YAY! I'm so psyched.

[KimandRuss 0]

Gorgeous weather here in MA today too and it's suppose to last all weekend and be mid 80's by Monday. I think we open the pool this weekend! I've got very good friends coming from Maine to spend the night and a wedding of another close friend tomorrow night so my weekend should pass very quickly.... good thing as i'm wishing the days away!

Suzy, it's great that luis is learning english! He's gonna need it pretty soon!

[acobnamia1224 0]

i haven't been violated in almost a month (4/29) Come on VSC!!!!!..hehehe

[BexandAlan 0]

Awww don't worry mine went over two months without a touch. It didn't even show one before I was approved. Some get it and some don't

Suzy thats awesome that he is taking lessons, it will hopefully help to ease him through adjustment much better. I wish Alan would do something practical for me...or impractical to be honest. Either. Just something lol.

[Sal and Jay 2]

PiP..we must be in the same box! Our petition arrived on the 16th so it would make perfect sense. We are being fondled an awful lot! Did you send any kinky pictures?

Kim do you remember when us Jan filers were having touches at the same time, if you remember we all got approved really close too. Good luck to you all.

[KimandRuss 0]

I do remember Sally! I will be psyched when pip and those around us get their approvals and I can't check (even more than I do now ) for ours!

[Fernanda O. 0]

TWO YEAR RULE?

HELP!

When I was just getting ready to recover from saying goodbye after visiting Joey this happens to me... Is not fair...

I was on a exchange program on a J-1 visa last year. The J-1 visa has a two year rule, that applies for some, not for everybody, though, and I thought it didn´t apply for me, but it´s written on my visa, so I wasn´t sure. The rule says that I have to spend 2 years in my home country before being able to get any kind of work or immigrant visa, including K1, K3, and everything... I emailed the embassy where I got the visa and they said the rule should not apply to me, the just made a mistake on my passport visa. So we applied for the K1. But since I thought they didn´t seem to know exactly what they doing on the embassy, I asked the US Department of State for an Advisory Opinion, on wether the rule applies to me or not.

I just ckeck the status of it and it says I am subject to the rule. I´m falling apart. I absolutely cannot wait til August 2009 to be with Joey.

Does anybody know what I´m talking about, the two year rule, section 212(e)?

Is my K1 going to be denied?

WHAT DO I DO?

[Ana&D 0]

TWO YEAR RULE?

HELP!

When I was just getting ready to recover from saying goodbye after visiting Joey this happens to me... Is not fair...

I was on a exchange program on a J-1 visa last year. The J-1 visa has a two year rule, that applies for some, not for everybody, though, and I thought it didn´t apply for me, but it´s written on my visa, so I wasn´t sure. The rule says that I have to spend 2 years in my home country before being able to get any kind of work or immigrant visa, including K1, K3, and everything... I emailed the embassy where I got the visa and they said the rule should not apply to me, the just made a mistake on my passport visa. So we applied for the K1. But since I thought they didn´t seem to know exactly what they doing on the embassy, I asked the US Department of State for an Advisory Opinion, on wether the rule applies to me or not.

I just ckeck the status of it and it says I am subject to the rule. I´m falling apart. I absolutely cannot wait til August 2009 to be with Joey.

Does anybody know what I´m talking about, the two year rule, section 212(e)?

Is my K1 going to be denied?

WHAT DO I DO?

Am so sorry to hear about this new hardships!!! I did four J1 programs myself, and only one of them had a 2-year requirement on the visa. Was your program sponsored by the US government? Or did you do independent career/work&travel training? I believe that even if you have a two-year rule applicable, you can file for the removal of this condition. Obtaining J1 waiver is done based on one of the following conditions:

1. No Objection Statement

J1 visa holders may obtain a waiver of the two-year foreign residence requirement by obtaining a letter from their home government stating that there is no objection to the J1 visa holder remaining in the US without returning home for two years.

This option is available to all J1 visa holders subject to §212(e) except for medical doctors who came to the US for graduate medical training

The government processing time is roughly six to eight weeks.

2. Interested Government Agency (IGA)

J1 visa holders who wish to obtain a waiver through this method do not need to actually work for the government agency who will sponsor the waiver. To qualify for an IGA waiver, the J1 visa holder must have an important role in a research project where the J1 visa holder’s §212(e) requirement to return home for two years would negatively impact that project. Government Agencies who have an interest in seeing that you complete your research, may sponsor your waiver petition.

IGA waivers may also be obtained by medical doctors who will agree to work in VA Hospitals or other medical facilities located in designated underserved areas in urban or rural settings.

The government processing time is roughly four to eight weeks.

3. Persecution

J1 visa holders who believe that he or she will be persecuted upon return to their home country due to race, religion, or political opinion may obtain a waiver of the two-year foreign residence requirement.

The government processing time is roughly three to four months.

4. Hardship to J1 visa holder’s US Citizen spouse or child

J1 visa holders who can demonstrate that his or her departure from the United States would cause extreme hardship to his or her United States citizen or lawful permanent resident spouse or child, may obtain a waiver of the two-year foreign residence requirement.

The government processing time is roughly three to four months.

5. Request by a designated State Department of Health

Medical doctors who have an offer of full-time employment at a health care facility in a designated health care professional shortage area, and who agree to begin employment at the facility within 90 days of receiving such waiver, and who sign a contract to continue to work at the health care facility for a total of 40 hours per week and not less than three years, may apply for this type of waiver. Only medical doctors may apply for this type of waiver.

The government processing time is roughly four to six weeks.

Hope this helps a little.

[Ana&D 0]

TWO YEAR RULE?

HELP!

When I was just getting ready to recover from saying goodbye after visiting Joey this happens to me... Is not fair...

I was on a exchange program on a J-1 visa last year. The J-1 visa has a two year rule, that applies for some, not for everybody, though, and I thought it didn´t apply for me, but it´s written on my visa, so I wasn´t sure. The rule says that I have to spend 2 years in my home country before being able to get any kind of work or immigrant visa, including K1, K3, and everything... I emailed the embassy where I got the visa and they said the rule should not apply to me, the just made a mistake on my passport visa. So we applied for the K1. But since I thought they didn´t seem to know exactly what they doing on the embassy, I asked the US Department of State for an Advisory Opinion, on wether the rule applies to me or not.

I just ckeck the status of it and it says I am subject to the rule. I´m falling apart. I absolutely cannot wait til August 2009 to be with Joey.

Does anybody know what I´m talking about, the two year rule, section 212(e)?

Is my K1 going to be denied?

WHAT DO I DO?

Am so sorry to hear about this new hardships!!! I did four J1 programs myself, and only one of them had a 2-year requirement on the visa. Was your program sponsored by the US government? Or did you do independent career/work&travel training? I believe that even if you have a two-year rule applicable, you can file for the removal of this condition. Obtaining J1 waiver is done based on one of the following conditions:

1. No Objection Statement

J1 visa holders may obtain a waiver of the two-year foreign residence requirement by obtaining a letter from their home government stating that there is no objection to the J1 visa holder remaining in the US without returning home for two years.

This option is available to all J1 visa holders subject to §212(e) except for medical doctors who came to the US for graduate medical training

The government processing time is roughly six to eight weeks.

2. Interested Government Agency (IGA)

J1 visa holders who wish to obtain a waiver through this method do not need to actually work for the government agency who will sponsor the waiver. To qualify for an IGA waiver, the J1 visa holder must have an important role in a research project where the J1 visa holder’s §212(e) requirement to return home for two years would negatively impact that project. Government Agencies who have an interest in seeing that you complete your research, may sponsor your waiver petition.

IGA waivers may also be obtained by medical doctors who will agree to work in VA Hospitals or other medical facilities located in designated underserved areas in urban or rural settings.

The government processing time is roughly four to eight weeks.

3. Persecution

J1 visa holders who believe that he or she will be persecuted upon return to their home country due to race, religion, or political opinion may obtain a waiver of the two-year foreign residence requirement.

The government processing time is roughly three to four months.

4. Hardship to J1 visa holder’s US Citizen spouse or child

J1 visa holders who can demonstrate that his or her departure from the United States would cause extreme hardship to his or her United States citizen or lawful permanent resident spouse or child, may obtain a waiver of the two-year foreign residence requirement.

The government processing time is roughly three to four months.

5. Request by a designated State Department of Health

Medical doctors who have an offer of full-time employment at a health care facility in a designated health care professional shortage area, and who agree to begin employment at the facility within 90 days of receiving such waiver, and who sign a contract to continue to work at the health care facility for a total of 40 hours per week and not less than three years, may apply for this type of waiver. Only medical doctors may apply for this type of waiver.

The government processing time is roughly four to six weeks.

Hope this helps a little.

Also check this link http://travel.state.gov/visa/temp/info/info_1288.html for more detailed info

[Fernanda O. 0]

Thank you!

I just think this is such a mess, I didn´t receive any money from any government, I didn´t get medical training and Hospitality Management, that is what I studied, isn´t in Brazil´s Skills List, so I don´t understand how I´m subject. I did work for Disney as part of the program, do they think that´s receiving funds? I think Travel and Tourism is in Brazil´s Skills List, maybe they think that´s the same as Hospitality Management??

Should I apply for a waiver now, even though I don´t think I should be subject to the rule? Should I just wait to see what happens with the K1? I´m starting to think that is SUCH a mess and it depends soo much on the person who´s looking at it, that I might get the visa, get married and be happy forever if a person who´s having a good day look at my petition! Oh God...

[Ana&D 0]

Thank you!

I just think this is such a mess, I didn´t receive any money from any government, I didn´t get medical training and Hospitality Management, that is what I studied, isn´t in Brazil´s Skills List, so I don´t understand how I´m subject. I did work for Disney as part of the program, do they think that´s receiving funds? I think Travel and Tourism is in Brazil´s Skills List, maybe they think that´s the same as Hospitality Management??

Should I apply for a waiver now, even though I don´t think I should be subject to the rule? Should I just wait to see what happens with the K1? I´m starting to think that is SUCH a mess and it depends soo much on the person who´s looking at it, that I might get the visa, get married and be happy forever if a person who´s having a good day look at my petition! Oh God...

Did you do the Internship Program then? Cause this is the program I just finished (this past December). As far as I know neither Work&Travel nor Internship programs are subject to two-year rule. You can also check your DS form, if you have a copy. It usually states so (they put a check next to applies/not applies or smth like that).

[Fernanda O. 0]

It wasn´t exactly Work and Travel, it was a Disney-University of Central Florida program. I went to UCF and had a paid internship at Disney for 6 months.

On my visa, it says on the bottom: bearer is subject to the two year rule section 212(e).

However, on my DS-2019, the box "not subject to section 212(e)" is marked.

The embassy said they marked my visa by mistake, US Department of State says I´m subject to the rule.

Go figure, right!

I feel like they´re playing games with my head or something.

[Ana&D 0]

It wasn´t exactly Work and Travel, it was a Disney-University of Central Florida program. I went to UCF and had a paid internship at Disney for 6 months.

On my visa, it says on the bottom: bearer is subject to the two year rule section 212(e).

However, on my DS-2019, the box "not subject to section 212(e)" is marked.

The embassy said they marked my visa by mistake, US Department of State says I´m subject to the rule.

Go figure, right!

I feel like they´re playing games with my head or something.

This is insane!!!! Well, the only condition uder which you can be subject to two-year rule, is if some international organization paid for your internship, since neither your, nor US governments were involved. The only thing I might suggest is contacting the embassy again, with copies of all your documents and advisory opinion from the U.S. government. Make sure to let them know if you paid for the program yourself, since this is a crucial info. Let them reassure you that it was indeed a mistake. I sincerely hope that it is a simple missunderstanding and you will have no problems getting ur K1.

[GrahamandMegan 1]

Well fellow April filers, I'm currently sitting at gate 74 in Newark Airport waiting on the flight back to Glasgow. Today has been the worst day of my life. I hope VSC starts getting approvals out soon as doing this to people's lives is utterly disgusting. I understand the wait isn't that long in reality but it certainly feels it right now.

Take care everyone and I won't be on too much but I'll ask Meg to keep this topic updated regularly on any progress we have. So be easy with her, she is pregnant after all!!