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Yardies a home and a farrin - Part 26!

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Maybe but I'm not so concerned with making a point as I am concerned with having correct information. Why would they tell him to come back to turn in the waiver if he couldn't file it anyway? Like I said before I want to know the correct way so that others don't have to go through what JAP is. I think sometimes when people are in a position to give/grant something to others they can sometimes not feel obligated to explain the proper process because in "their" minds people should figure it out well when I pay for service I expect that service and if not I expect someone to clearly explain the protocal.

Shaneete, what we don't see is the fine print that legal has stated for the process ids that each consular can decide how they will handle a process. Since the JA consular has a wavier approval unit within the embassy, I bet they have decided that this will be their process.

As have been noted by many of the other embassy, each embassy has different rules on how they are handling process within their embassy. The collective rule maybe that a K1 can file a wavier, but the JA consular may have choosen only to offer this to CR1's.

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Shaneete, what we don't see is the fine print that legal has stated for the process ids that each consular can decide how they will handle a process. Since the JA consular has a wavier approval unit within the embassy, I bet they have decided that this will be their process.

As have been noted by many of the other embassy, each embassy has different rules on how they are handling process within their embassy. The collective rule maybe that a K1 can file a wavier, but the JA consular may have choosen only to offer this to CR1's.

True, but you don't need try and sell me on this. I was stating my opinion to JAP and intially agreeing with you but I've said all I'm gonna say. Any future tips and ideas you have direct them to JAP. :thumbs:

Okay good night once again VJ.

Honesty is the best policy but never use honesty as an excuse to be hurtful.

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Filed: AOS (pnd) Country: Jamaica
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Shaneete, what we don't see is the fine print that legal has stated for the process ids that each consular can decide how they will handle a process. Since the JA consular has a wavier approval unit within the embassy, I bet they have decided that this will be their process.

As have been noted by many of the other embassy, each embassy has different rules on how they are handling process within their embassy. The collective rule maybe that a K1 can file a wavier, but the JA consular may have choosen only to offer this to CR1's.

We all know the end result is going to be marriage ..we all also know how expensive this process is and they have already spent the money for the process and she wants her fair chance .. I know that i would spent the money all over again if i had to no doublt but if they can avoid that it would be better for their family .

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JP, all I was trying to do was help you to make your heart a little lighter, I am in no way saying there is a right or wrong way in this process. But I do know that to be so stressed out durning your baby 1st year of life, you will miss out on some many important first things that you will never get back.

Most of the comments I see now is everyone wants you to fight, that is fine if it is what you want to do. Good luck on whatever decision you embark on, I pray that it works out for your family. (L)

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If you can get a letter of recommendation from your current employer before you go, it does help in the job hunting here in US.

Great idea! Thanks

I-130 Sent : 2010-02-03

I-130 NOA1 : 2010-02-16

I-130 RFE : NONE

I-130 RFE Sent : N/A

I-130 Approved : 2010-04-14

NVC Received : 2010-04-19

Received DS-3032 / I-864 Bill : 2010-04-22

Pay I-864 Bill:2010-04-27

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Return Completed I-864:2010-05-15

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NVC Left : 2010-06-11

[/b]Packet 4 Received : 2010-06-11

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Interview Date : 2010-07-19 at 7:30am

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POE: 2010-08-14

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Green card received: 2010-09-04

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SSN received: 2010-09-21

Filed Removal of Conditions: 7/30/12

Approved: 3/13/13

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Filed: Country: Jamaica
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Shaneete, what we don't see is the fine print that legal has stated for the process ids that each consular can decide how they will handle a process. Since the JA consular has a wavier approval unit within the embassy, I bet they have decided that this will be their process.

As have been noted by many of the other embassy, each embassy has different rules on how they are handling process within their embassy. The collective rule maybe that a K1 can file a wavier, but the JA consular may have choosen only to offer this to CR1's.

While they can deny how they will handle the process - They cannot make a decision that circumvents the law. If the law provides for allowing K1s to file a waiver, then the JA consulate CANNOT make the determination that they will not accept them - They can decide how they want to process them, they can decide what criteria to base it on (as long as it meets the baseline guidelines set out by the law), but they CANNOT make a decision to deny a right that is guaranteed under US law - although they are in Jamaica, the Consulate is still covered by US law -

Similar example is that each state has District courts, which are Federal Courts - each state has their own practice rules, which can vary greatly - but they are required to follow the Federal Law that is set out in the US code - they can't make a rule that is against the law, or the case ends up in the Supreme Court and is overturned.

The reason for not abandoning this and just getting married is that they are this far into the process - the fees have been paid, etc... and all that they are asking is to have their waiver application reviewed, as is Princess' right under the law - To abandon it and file a CR-1 means starting all over and paying all the fees again - why do that when the one individual at the Consulate made a random determination that was against what is set out in the law?

Morning everyone -

Great idea! Thanks

I would also see if you can get some co-workers to write them - the more you have the better!

Fire de a Mus Mus tail, him tink a cool breeze

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Yup, I'm back home, got back Friday morning. Actually as long as the visa arrives next week I plane on going down Sunday June 27th helping her sell what she needs to and help her take care of things. Then we will be off to Connecticut Wednesday the 30th. Out wedding is set for September 25th so that gives us three days to spare before the 90 day mark. We wanted to have a full wedding with all the works and trying to get a place 5 months out is not the easiest thing to do, the 25th was the only available date at the location we wanted.

How are you doing JaP, have you heard from the embassy.

Matt, where in CT? I am in CT

While they can deny how they will handle the process - They cannot make a decision that circumvents the law. If the law provides for allowing K1s to file a waiver, then the JA consulate CANNOT make the determination that they will not accept them - They can decide how they want to process them, they can decide what criteria to base it on (as long as it meets the baseline guidelines set out by the law), but they CANNOT make a decision to deny a right that is guaranteed under US law - although they are in Jamaica, the Consulate is still covered by US law -

Similar example is that each state has District courts, which are Federal Courts - each state has their own practice rules, which can vary greatly - but they are required to follow the Federal Law that is set out in the US code - they can't make a rule that is against the law, or the case ends up in the Supreme Court and is overturned.

The reason for not abandoning this and just getting married is that they are this far into the process - the fees have been paid, etc... and all that they are asking is to have their waiver application reviewed, as is Princess' right under the law - To abandon it and file a CR-1 means starting all over and paying all the fees again - why do that when the one individual at the Consulate made a random determination that was against what is set out in the law?

Oops, just read my post, lol - Is supposed to say while they can DETERMINE how they handle the process!

Fire de a Mus Mus tail, him tink a cool breeze

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I will promise, I can't wait till I can start posting ones from here. I only have one more Sunday without her for the rest of my life. The greatest feeling is when I fly down there this time it will be the first time I wont have that sad feeling in the back of my mind that I will have to leave her in a couple days. I have been dreaming about this trip for MONTHS...hahaha

Don't make me cry!!!! :crying:

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Girl, it was so nice! We didn't do much but just had "adult" conversation and "flirted" like we used to. You know sometimes we get caught up in "life" that I kinda forgot how freakin fine my husband is and how sweet he is. I mean don't get me wrong we keep the fire alive no matter what (plenty of sexy parties :devil: ) but as far as talking we need to do more of that. So yea maybe I can get my Mom to take them both once a month

FYI pencil me into your social calendar sometime in 2011 we need to link up

This is so true and often forgot so many times. Conversation is key. You need t o have a time where you talk about other things bedsides kids, bills and family. I think its important for couples to just talk and nothing wrong with flirting it can be so fun at times. I’m glad you enjoyed some alone time.

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Morning Everyone! Been so busy with work...miss all of you. :crying:

Hope everyone is doing well. Have a wonderful day everyone! :thumbs:

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04/02/2012-Packaged arrived at Vermont Service Center-Signed by D. Renaud

04/05/2012- check cashed

04/07/2012- Recvd NOA in mail dated 04/03/2012

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I agree with JaP about being diplomatic. Because the very same people she will be railing against are the same people that will deny or approve the waiver.

What I think happened is that whomever saw her fiance made a mistake, they thought was for married couples only, or perhaps they thought the person issuing the blue slip had made a mistake. We don't know.

My thoughts on this are to politely but firmly explore all avenues of complaint and protest. Until something happens one way or another.

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good morning ALL.. bless

did i miss something, ya'll know i been gone a min..did roxie change her name to life's journey??? or is that someone else??

i feel what ya say life :thumbs: , and if money and time were not an issue, then i would just take the alternate road to get it over with, but just like any governmental entity.. the embassy employee perhaps wasn't familiar with that portion or that detail of the law alot of us know GENERALLY what the rule is or what the rule USED TO BE and and we may give erroneous information..ive done it before myself.

if there is anyway jap can get someone to see their was a mistake made why not, and then if they still say no you can't.. then maybe look at filing CR1..

well lets get thru another day yardies..

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I hear you my friend just booked a trip to St. Lucia (is that how you spell it) and I so wish I was going with her.

I wanna go there too! To all The "Saint" islands, Kitts, Thomas, Lucia, Marteen, St. Vincent all dey dem!star_smile.gif

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JP, all I was trying to do was help you to make your heart a little lighter, I am in no way saying there is a right or wrong way in this process. But I do know that to be so stressed out durning your baby 1st year of life, you will miss out on some many important first things that you will never get back.

Most of the comments I see now is everyone wants you to fight, that is fine if it is what you want to do. Good luck on whatever decision you embark on, I pray that it works out for your family. heart.gif

Agreed, I just want mi friend to be happy with the man she loves and for her children to have their dad!heart.gif

Yall know Im touched.. I wouldve written to about 50 people by now and killed them with kindness! laughing.gif

Remember Subway? Remember the high school assist. principal? hmph mad.gifwhistling.gifrofl.gif

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