Does anyone know if a member stops paying dues, does their membership automatically lapse? I have been reading all sorts of things regarding how to approach this if the question comes up during the interview.

Some people say once a member, always a member, unless you request to be withdrawn. Others say the CCP automatically boots you after 6 months lapse in membership dues.

If someone has not paid dues for over 1 year and the CO asks if they are a member of the CCP, can they legitimately answer, "No."

I know if the CO asks a follow up or if there is paperwork, that states, "Were you ever a member of the CCP," then you have to say yes to that one.

The overcome on this particular issue is troubling. If your SO is forced to deal with an overcome they have to find someone in China to not only translate a list of reasons, but also have it notarized. You need to get statements from your employer and get them translated.

I just want to make sure we are 100% honest, but if they ask a yes or no and saying 'No,' is honest, then it seems like the right way to go.

Also, I'm thinking coming prepared with the documents, translations, and notarized overcome documents may also be smart, just in case the have you ever been a member question comes up.

Any advice and tips for this issue?

"Have you ever been...?" is one of the questions. So, be prepared to deal with the answer.

Absolutely!!!! Take the kitchen sink! You will need it at some point if the question comes up.

Communist party member ship is pretty much an automatic blue slip but is fairly easy to overcome. You only need to show that membership was required for your job. I have read where some members of the 001 website advocate one should lie about it. While I doubt that the CCP shares it's membership roles with the USA it is never a good idea to lie to the USCIS about anything. If for instance a few years down the road your sweetheart had an enemy that sent convincing evidence to the USCIS that CCP membership had been lied about, it would be grounds for a permanent ban and deportation. There have been cases at the consulate in Guangzhou where party membership was never asked about and a visa issued. I would recommend that you take a don't ask don't tell policy but be prepared to submit a waiver. I know of one case where the woman was still a member of the CCP at interview and couldn't quit her job until she had the visa in hand. She submitted a letter explaining why she had to be a CCP member in order to keep her job and was able to overcome the blue slip.

Don't ask, don't tell will work fine for the verbal aspect but one would need to answer the questions on the forms honestly. I'm sure that's what Carl meant but the wording wasn't crystal clear.

You are correct Mike. I only meant that if the question isn't asked you shouldn't volunteer the information. This is a logical assumption if you look at my statement that one should never lie to the USCIS.

As a side note I just read through all the forms for K-1. Unless I missed it none of them mention the communist party until the I-485 for adjustment of status. I have no idea what complications that would have for AOS. I presume the same wavier conditions would apply and probably a longer name check.

Right, for other visas, the question comes up on the DS230 section II, not used for K1.

Where this comes up most frequently with a K1 in China results from the Consular Officer's knowledge of what kind of job is likely to require party membership, only be offered to a party member, or from evidence of military service. The general population doesn't seem inclined to join the party without a compelling reason.

So, I would anticipate that the OP's fiance(e) may well have one of those jobs that would prompt the question.

I can't find a copy of the DS 230 part 2. It's not in the sample forms here and I can't find it on the USCIS website. Do you have a link to one? The DS 230 makes no mention of the communist party either.

Never mind. I found it. It is with the DS-230. Same form as used for K-1. I re-read it and found no mention of the communist party on it.

Part two, question 30 C.

Thanks Mike, I read it. Interesting that it says "are you" instead of have you ever been. That still leaves room to not mention it if you aren't currently a member. I would advise anyone going through the visa process to quit the party if possible anyway.

Mike/Carl: Which form document was it that had the "ever been" wording on it? Was it changed? Am I not remembering correctly?

I could have sworn it was on the DS 230 but it's on the I-485 used to adjust status.

Actually the DS 230 asks, effectively, "Are you an alien who is a member...?" So, I guess it depends on what your definition of "is" is.

The big issue at visa time is that well trained Consular Officers are well versed in what kinds of jobs and employers require party membership or are likely to be staffed by party members, so the real danger at interview is the need to answer such a question posed verbally.

You are correct Mike and one should never lie to a consulate official. Bob if my memory serves me well the question "have you ever been?" is on the I-485. It is going to come out eventually but in my oppinion it is better to deal with it state side than be longer apart.

Not to be picking at words but it seems pretty honest to me if you quit and later someone asks you if you are a member the correct answer would be no.

Thanks everyone. This makes a world of difference.

Of course but there's no gaurantee the question will be "are you" instead of "have you ever been" so one should be prepared to answer whatever question is asked, not just the question you hope for. If you quit, you hope for "are you". If you don't quit, you hope for no question. Beter to quit.

I so agree. And for any "..ever been..." I cannot stress strongly enough to answer that honestly and have all the resignation documents you can get available. I firmly believe that GUZ VOs know what jobs do and do not require Party membership.

I stressed with my fiancee that no matter what we are going to do this 100% within the rules, so that we don't have any surprises or additional BS at AOS or other points of the process.

She will answer truthfully, however she is no longer a paying member and is seeking a formal withdrawal, so she can answer no to the "are you," question verbally or in writing.

I also feel she should be with me stateside ASAP. We're not going to delay our reunion and wedding 4-6+ months and have to wait the additional time unless there is no choice because the 'have you ever been,' question comes up at any point.

In any communist or 'totalitarian,' country with these proceedings it would make sense to ask and get this crap sorted out in the beginning vs., waiting until adjustment or in case the CO is having a really bad year and is forcing the question on everyone at the interview.

First off let me repeat myself. One should NEVER EVER EVER LIE TO THE USCIS. It can come back to haunt you severely. Now if your sweet heart quit the comunist party she can honestly answer the question on the DS 230 part 2 "are you a member of the comunist party?" as no. My observation from the women I have heard talk about it say it isn't always asked at interview. I agree with Mike and Bob that she should be prepared to answer honestly the question "have you ever been..." If the question is asked it is almost guaranteed that she will get a blue slip. Be prepared to overcome it. If you are lucky you won't have to deal with it until AOS. It will come out eventually. In my oppinion it is better to be together when it does.

An interesting exercise on this might be to translate the two questions. I'm wondering whether the nuanced difference in the questions would still be apparent and whether the interviewer would be very clear in the distinction if asking in Chinese. I imagine its a bit of a crap shoot. Both my Chinese speakers are still asleep.

An extensive discussion at breakfast has convinced me, it is highly likely the two questions would be clearly understood. Little chance for confusion if the applicant is paying attention.