Should I Frontload a Waiver???

[Simeon 25]

My Chinese wife and I are applying for the CR-1 visa. I just got my case number. If my wife was a China Communist Party (CCP) member, but quit 3 years ago, should I frontload an I-601 waiver with my other NVC forms? Submit the I-601 later and when? Or just not submit it at all? Also, my wife was denied a K-1 visa for being a CCP member, but USCIS basically told us to get married and do the CR-1. What to do?

[nightingalejules 678]

From what I understand, you go through the whole process and then wait to get a denial at your interview to file the waiver.

But we on VJ are not really qualified to help with waivers. You're best to get a lawyer for that part of the process.

Either way, the waiver gets filed after a denial at the interview. Until then, there's nothing to get a waiver for, officially.

[bpierce 24]

_{No waiver should be required for past CCP.,But you will be put in to AP.This is automatic.As they will have to do additional background name check on her...}

Denied k-1 for past CCP?

[pushbrk 12,091]

_{No waiver should be required for past CCP.,But you will be put in to AP.This is automatic.As they will have to do additional background name check on her...}

Denied k-1 for past CCP?

I agree. And...Sure, front load the petition with evidence of why she was a CCP member and evidence of her leaving the organization. You should not need an I-601 waiver at all but you never file those WITH the petition anyway.

[Simeon 25]

_{No waiver should be required for past CCP.,But you will be put in to AP.This is automatic.As they will have to do additional background name check on her...}

Denied k-1 for past CCP?

They did deny her past K-1 because of the CCP issue. (see http://www.inadmissibility.com/info/212a3D.html) They asked us if we had a qualifying relationship that might excuse her from the inadmissibility (ie. INA212(a)(3)(d)(iv)). I told them we hadn't married yet, so no. The consulate recommended that we get married and apply for the CR-1. So, it sounds like we get an extra several months in AP automatically for the CCP background check?

[bpierce 24]

They did deny her past K-1 because of the CCP issue. (see http://www.inadmissibility.com/info/212a3D.html) They asked us if we had a qualifying relationship that might excuse her from the inadmissibility (ie. INA212(a)(3)(d)(iv)). I told them we hadn't married yet, so no. The consulate recommended that we get married and apply for the CR-1. So, it sounds like we get an extra several months in AP automatically for the CCP background check?

Yes,It is Automatic AP..