Communist Party Membership of Fiancee

[XiaoBai 0]

I was interested if anyone here had applied for a K-1 visa when there fiancee was a member of the Communist Party. My fiancee belongs to the communist party in China. It was for the benefit of her employment. I know being a member of the communist party is a bar to immigration but there are some exceptions. Has anyone here gone through that or had any experiences with it at the embassy, background check, or interview? Would love to have some input from those that have had personal experience with it. Thanks.

[JeroenAndMichelle 28]

I was interested if anyone here had applied for a K-1 visa when there fiancee was a member of the Communist Party. My fiancee belongs to the communist party in China. It was for the benefit of her employment. I know being a member of the communist party is a bar to immigration but there are some exceptions. Has anyone here gone through that or had any experiences with it at the embassy, background check, or interview? Would love to have some input from those that have had personal experience with it. Thanks.

Although it doesn't apply on me and my fiancee, I do think it is a good question and am curious about this as well

Also, what are the exceptions for the bar people get when they're a member of the communist party?

[diadromous mermaid 36]

More often relaxing DHS policy on the permanent bar to admission is due to the alien's membership in the Communist Party being of an involuntary nature. If an alien has terminated membership or affiliation with the party for five years prior to the USC fiancé(e) petitioning and are not considered a threat to US security, then the bar can be lifted as well. Also, close family members of U.S. citizens or permanent residents may be able to waive the bar if the Attorney General, in his discretion, decides to admit for them for either humanitarian purposes, family unity or public interest.

[pushbrk 12,154]

I was interested if anyone here had applied for a K-1 visa when there fiancee was a member of the Communist Party. My fiancee belongs to the communist party in China. It was for the benefit of her employment. I know being a member of the communist party is a bar to immigration but there are some exceptions. Has anyone here gone through that or had any experiences with it at the embassy, background check, or interview? Would love to have some input from those that have had personal experience with it. Thanks.

They deal with a lot of these issues at http://www.candleforlove.com

If she can resign officially from the party now, it would help. At the least, you can count on additional administrative processing after the initial interview.

[YuAndDan 153]

Communist party is an issue that is fairly easily overcome by a waiver when requested by the immigrations officer at the consulate, it usualy takes 4 months to process the waiver.

Several members on CFL hav had to deal with this.

SEE: http://candleforlove.com/forums/index.php?...st&p=406885

[zqt3344 21]

You are probably going to have problems if still a member of communist party, would consider dropping out now.

I was interested if anyone here had applied for a K-1 visa when there fiancee was a member of the Communist Party. My fiancee belongs to the communist party in China. It was for the benefit of her employment. I know being a member of the communist party is a bar to immigration but there are some exceptions. Has anyone here gone through that or had any experiences with it at the embassy, background check, or interview? Would love to have some input from those that have had personal experience with it. Thanks.

[XiaoBai 0]

More often relaxing DHS policy on the permanent bar to admission is due to the alien's membership in the Communist Party being of an involuntary nature. If an alien has terminated membership or affiliation with the party for five years prior to the USC fiancé(e) petitioning and are not considered a threat to US security, then the bar can be lifted as well. Also, close family members of U.S. citizens or permanent residents may be able to waive the bar if the Attorney General, in his discretion, decides to admit for them for either humanitarian purposes, family unity or public interest.

She joined the party because her father was a member. Her father was a police officer and apparently there are benefits to being in the party if you work for the government such as easier to get promotions. My fiance is also a policewoman in WuHan and she voluntarily joined the CCP for the same reasons. Extra benefits in her job and the ability in the future for promtions. She has been a policewoman in WuHan for 8 years after getting her degree in college. Her main job with the police department is as a 911 operator. When I was there last week she told me she could quit at any time but I read that even if she quits it is irrelevent unless she quit over 5 years ago. I would hate to go through the whole process and then be told that she could never be approved because of this. I'm fairly certain that she's not a spy who is subversively trying to overthrow the US government singlehandedly by marrying me and coming to America.

[YuAndDan 153]

More often relaxing DHS policy on the permanent bar to admission is due to the alien's membership in the Communist Party being of an involuntary nature. If an alien has terminated membership or affiliation with the party for five years prior to the USC fiancé(e) petitioning and are not considered a threat to US security, then the bar can be lifted as well. Also, close family members of U.S. citizens or permanent residents may be able to waive the bar if the Attorney General, in his discretion, decides to admit for them for either humanitarian purposes, family unity or public interest.

She joined the party because her father was a member. Her father was a police officer and apparently there are benefits to being in the party if you work for the government such as easier to get promotions. My fiance is also a policewoman in WuHan and she voluntarily joined the CCP for the same reasons. Extra benefits in her job and the ability in the future for promtions. She has been a policewoman in WuHan for 8 years after getting her degree in college. Her main job with the police department is as a 911 operator. When I was there last week she told me she could quit at any time but I read that even if she quits it is irrelevent unless she quit over 5 years ago. I would hate to go through the whole process and then be told that she could never be approved because of this. I'm fairly certain that she's not a spy who is subversively trying to overthrow the US government singlehandedly by marrying me and coming to America.

The 5 year thing has to do with if a waiver needs to be filed or not. if she quit more than 5 years before the interview, then a waiver wont be needed.

Again, see the link to Candle that I posted, it has links to relevant posts on CFL, one Paula, had quit the party just before the interview, the other Mama Bear, I believe was still in the party at the time of interview, both were able to get waivers for this without problems. Note both were already married to US citizen and were doing CR-1 spousal visas.

Also join Candle, there you will find much more about this.

MORE: http://www.candleforlove.com/forums/index....f=7&t=10946

Edited June 9, 2008 by YuAndDan

[beijing.qifan 0]

First rule... don't ask, don't tell. Second rule... well, beyond those high ranking officers, how can an American Consulate or FBI access CCP's roaster to find out who is a member and who is not?

Edited June 9, 2008 by beijing.qifan

[pushbrk 12,154]

First rule... don't ask, don't tell. Second rule... well, beyond those high ranking officers, how can an American Consulate or FBI access CCP's roaster to find out who is a member and who is not?

The point is the question of party membership is asked on the visa application and although the Consulate and FBI don't have access to a CCP roster, they do know that police officers are most likely party members. Never lie to an immigration official or on an immigration form.

[bora bora 1]

First rule... don't ask, don't tell. Second rule... well, beyond those high ranking officers, how can an American Consulate or FBI access CCP's roaster to find out who is a member and who is not?

Be careful of this because it specifically asks this question on immigration documents and you cannot lie. Secondly, my husband was asked a similar question when he had his AOS interview.

[YuAndDan 153]

First rule... don't ask, don't tell. Second rule... well, beyond those high ranking officers, how can an American Consulate or FBI access CCP's roaster to find out who is a member and who is not?

The point is the question of party membership is asked on the visa application and although the Consulate and FBI don't have access to a CCP roster, they do know that police officers are most likely party members. Never lie to an immigration official or on an immigration form.

Exactly, if they do catch the lie, like when adjusting status or even years later when applying for citizenship, they can and DO revoke resident status and deport based on misrepresentation.

The best policy is to answer honestly and if requested file the waiver.

K-Visas may get past this at the consulate, but when adjusting status the question comes up again on form I-485.

I-485 Page 3

6. Have you ever been a member of, or in any way affiliated with, the Communist Party or any other totalitarian party?

http://www.uscis.gov/files/form/i-485.pdf

[XiaoBai 0]

First rule... don't ask, don't tell. Second rule... well, beyond those high ranking officers, how can an American Consulate or FBI access CCP's roaster to find out who is a member and who is not?

The point is the question of party membership is asked on the visa application and although the Consulate and FBI don't have access to a CCP roster, they do know that police officers are most likely party members. Never lie to an immigration official or on an immigration form.

Exactly, if they do catch the lie, like when adjusting status or even years later when applying for citizenship, they can and DO revoke resident status and deport based on misrepresentation.

The best policy is to answer honestly and if requested file the waiver.

K-Visas may get past this at the consulate, but when adjusting status the question comes up again on form I-485.

I-485 Page 3

6. Have you ever been a member of, or in any way affiliated with, the Communist Party or any other totalitarian party?

http://www.uscis.gov/files/form/i-485.pdf

Thanks for all the suggestions. I think she is going to stay in the party until her visa is approved. She gets benefits and better chance of promotions if a member. Once the visa is approved and she is coming to the USA she can drop out and quit. I don't want her to do anything to jeopardize her job if her visa isn't approved for whatever reason. We have all intentions of being truthful on the applications and every step of the way.

[pushbrk 12,154]

First rule... don't ask, don't tell. Second rule... well, beyond those high ranking officers, how can an American Consulate or FBI access CCP's roaster to find out who is a member and who is not?

The point is the question of party membership is asked on the visa application and although the Consulate and FBI don't have access to a CCP roster, they do know that police officers are most likely party members. Never lie to an immigration official or on an immigration form.

Exactly, if they do catch the lie, like when adjusting status or even years later when applying for citizenship, they can and DO revoke resident status and deport based on misrepresentation.

The best policy is to answer honestly and if requested file the waiver.

K-Visas may get past this at the consulate, but when adjusting status the question comes up again on form I-485.

I-485 Page 3

6. Have you ever been a member of, or in any way affiliated with, the Communist Party or any other totalitarian party?

http://www.uscis.gov/files/form/i-485.pdf

Thanks for all the suggestions. I think she is going to stay in the party until her visa is approved. She gets benefits and better chance of promotions if a member. Once the visa is approved and she is coming to the USA she can drop out and quit. I don't want her to do anything to jeopardize her job if her visa isn't approved for whatever reason. We have all intentions of being truthful on the applications and every step of the way.

Then I hope you like China as much as I do because there's always the chance it's the only place you'll be able to be together. Frankly, I think you're just looking at a delay but it could depend on what kind of police work she does. They'll look into it pretty closely.

[XiaoBai 0]

First rule... don't ask, don't tell. Second rule... well, beyond those high ranking officers, how can an American Consulate or FBI access CCP's roaster to find out who is a member and who is not?

The point is the question of party membership is asked on the visa application and although the Consulate and FBI don't have access to a CCP roster, they do know that police officers are most likely party members. Never lie to an immigration official or on an immigration form.

Exactly, if they do catch the lie, like when adjusting status or even years later when applying for citizenship, they can and DO revoke resident status and deport based on misrepresentation.

The best policy is to answer honestly and if requested file the waiver.

K-Visas may get past this at the consulate, but when adjusting status the question comes up again on form I-485.

I-485 Page 3

6. Have you ever been a member of, or in any way affiliated with, the Communist Party or any other totalitarian party?

http://www.uscis.gov/files/form/i-485.pdf

Thanks for all the suggestions. I think she is going to stay in the party until her visa is approved. She gets benefits and better chance of promotions if a member. Once the visa is approved and she is coming to the USA she can drop out and quit. I don't want her to do anything to jeopardize her job if her visa isn't approved for whatever reason. We have all intentions of being truthful on the applications and every step of the way.

Then I hope you like China as much as I do because there's always the chance it's the only place you'll be able to be together. Frankly, I think you're just looking at a delay but it could depend on what kind of police work she does. They'll look into it pretty closely.

I actually do like China quite a bit and have already started making arrnagements to move there. We have looked at apartments, I have sold my home in CA, and I have already sold most of my material belongings here. To me it's not much pressure on whether the visa is approved or not. If it isn't then I am moving to China. She already has an apartment there and I have already checked into working there. If it is approved then we will have a nice life in the USA for about 5 years then we are moving to China anyway.