APRIL '08 Vermont K-1 Filers

[Fernanda O. 0]

TWO YEAR RULE

Ok, so the letter from the Department of States says that I´m subject to the rule because I got a Skill that is in Brazil´s Skills List. They said Group 9 (A). So here it is:

9A. Industrial and Business

Administration and Management

(including, but not limited to:

programmers and Project Evaluation,

Business, Total Quality Management)

But what I really studied was Hospitality Management, that is different than all that, right?

So what should I do? Apply for the waiver or see what happens, since it looks like wether the rule applies or not depends very much on the way you look at it... Does anybodu know how far along in the process they´ll check my previous visas and about the rule?

[KimandRuss 0]

Graham, as long as you provided proof of meeting since 2006 you are all set. It's once... in the two years previous to filing the petition. Don't start panicking now! 26 days??? Oh man.. you're going to have me checking numbers again arent you?

*checking...*

My first touch was 29 days from NOA1 and 36 from the day VSC received. Guess i'll go make a timeline now.

We like you too suzy!

Now where the H*** are those approvals VSC!?!?! We need to clear out March so we can move on!

[KimandRuss 0]

Hi Fernanda...

My guess is that they see Hospitality Management as a skill you can use in Brazil and that it falls under one of those categories. I think it's the "including, but not limited to..." that allows them to say you are still subject to the rule.

So your passport says you are subject to the HRR rule and your paperwork and government state that you are not. Oui! I'd try contacting DOS again maybe including a copy of your paperwork and visa to see if they can help again since there is a discrepancy in your documents.

At the very least, you know that if you have to file for the waiver that you could most likely get the 'no objection statement' from the consulate to make that happen and it shouldn't be too long a wait.

Because I have no personal knowledge of this i'd advise you to talk to others who do. Ana&D would be a good start. I'm sure he/she wont mind you sending a pm. I also did a google search and found tons of links so I think it's time to put on your study cap!

I'm sure you have this but.... http://travel.state.gov/visa/temp/info/info_1296.html

This isn't defeat... it's just another bump in the road.

[aleena 0]

Hi Fernanda!

I also had to apply for a waiver of the 2 year rule...

I did that last year, before sending paperwork for K1.

As far as I know...at the USCIS level, being subject to the rule won't affect the processing of your petition. But you will need the waiver when u apply for your visa at the consulate. In my case it took about...2 and a half months to get the waiver...

So i strongly advise you to start the process so that you won't have to wait to long...

Asking for an advisory opinion from DOS is also time consuming...

[Ana&D 0]

To Kim: Ana&D would be she By the way just love your signature, so very creative!

Fernanda, I would advise contacting the embassy for further clarification. Be sure to provide them with description of your internship in Disney. Was it really skill-gaining or merely a summer part-time job? If it was just a summer job (like most on Work&Travel program), they made a mistake and this rule does not apply to you. Kim is right, "including but not limited to..." wording gives them lots of wiggle room. Well, if they do say that this stupid rules applies to you, Aleena is right, and you should apply for the waiver ASAP to have it at hand for the interview.

[KimandRuss 0]

Thank you, Ana. My very talented kiwi man drew this picture from two others years ago then added the color with photoshop. We have a large version hanging in our house. I love it too and thought it appropriate for VJ.

[Ana&D 0]

Thank you, Ana. My very talented kiwi man drew this picture from two others years ago then added the color with photoshop. We have a large version hanging in our house. I love it too and thought it appropriate for VJ.

WOW, he actually drew that??? That is one talented man you've got

[KimandRuss 0]

Yes, he is very talented as well as extremely bright. He's also the most loving man i've ever known. I'm a lucky girl!

btw... love your avatar as well! Very cute!

[GrahamandMegan 1]

Just to let you guys know how the job is going........

Had the first proper day today and got a confirmed amount of hours, 53.5 a week over 6 days and the 7th day is spent doing nothing! Work is good enough and the local people are ok but the people from the Mainland, like me but not including me, are just disgusting. The people I am sharing this rented accomodation with are the filth of the earth. They are smoking drugs while driving the hire cars and the driving is downright terrifying. And then the boss said I had to work in with his rota for flying home, he says the first time I'll be going home is June 20th. I don't think so there matey, I was told every two weeks and that's how it's going to be. I've already been on the phone to my mum telling her that if this didn't work out could I just come home and be with them. I am truly regretting the decision to leave Megan right now. I have done nothing but cry and I am losing faith with USCIS more and more every second. I hope we get approved soon as I kno what I want from my life and they are both 5000 miles west

Forgive me for the post but I'm just so distraught right now I've screwed up big time.

[KimandRuss 0]

Awwww Graham... big hugs to you! I'm so sorry things are tough for you.

Russell is kind of the same boat as he's working a contract job right now that is well... beneath him. I don't want to sound cruel but the man has a master's degree and he's working with kiwi fruit with lots of people who are normally unemployed! Anyway, he feels very much the same as you are right now but he's been there for a while and this week will be his last. He pretty much keeps to his own and wishes the days away....all the while cursing the USCIS!

At least you know that if you are pushed enough that you have somewhere to go. Perhaps you can pick up a different job where your parents are? Even if it's just a few bucks before your interview comes. Every penny will help.

Remember, this is temporary! Your future is in front of you even if you can't see it clearly.

Also remember that money is not everything... far from it actually.

[*** 0]

Graham, Im sorry things are so tough. Jamerson is in the same boat, too. He is working for his cousin- in a job that is not in his industry. Its a job, it keeps him busy and brings in a little money (not his usual)- he had to get an interim apartment (as we had hoped my divorce would have come earlier and we would have started the process earlier) - its pretty much a dump but its cheap and he didnt have to sign a lease..and basically is just counting the minutes until his interview. We both have tough days- last weekend was his. He spent the weekend calling me and crying with me trying to keep him strong.. knowing that MY breakdown will soon follow. I dont think people NOT in our situation understand. They cant. It is such a trying time for all of us and a tribute to our love for our fiances.. we are required to have 5x the strength of the average couple.

Hugs to you and hang in there.. tomorrow is another day closer.

Jill

Edited May 28, 2008 by mrsgomestobe

[KimandRuss 0]

How are we today ladies and gents???

[Susita 175]

I'm doing super great everybody!

I just signed up for Vonage b/c the Latin America plan lets me call Luis unlimited Plus it's sunny out today with a high of 70!!!!! woohoo go New York!

Otherwise, just waiting for a touch, approval, SOMETHING.

How is everyone else doing today?

[KimandRuss 0]

We're hanging in there... as impatient as ever. I really wish we'd see some more approvals coming out of VSC. I keep telling myself that vj is such a small percentage we just dont know but really... it would do my psyche much good to see the rest of March move on through so they can be on to ours.

It's nice here today too but showers are expected for Saturday. I'll be having my daughter's sweet 16 at the house so not looking forward to 50 teenagers invading. Oh well... it helps the time pass!

[GrahamandMegan 1]

Quick update for everyone, I am leaving this place on Saturday morning. The biggest regret I've had was coming here. Megan is due her doctor's appointment to hear the heartbeat on Monday and if I hadn't of taken this job I would of been there. They are cutting ours down to 40 hours, which I could get at home and taking the piss about when I would be getting to home to see my parents. So Mum and Dad are coming up on Saturday lunchtime to wait on me getting off the ferry. Going to have a week at home with them and then my brother has offered me a little bit of work at the pub he runs. Nothing much but much better than nothing.

Peace to everyone and good luck one and all.