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Jerry R

Interview question

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Filed: K-1 Visa Country: China
Timeline

Hello every one! I have been reading the forums for weeks now and I really want to say how much help these have been. The waiting with out reading about other couples experience would be almost unbearable. Now for my question: My fiance works for the government and is a CCP member. We are waiting for a interview date. Is being a CCP member an automatic blue slip? Thanks in advance for your answers.

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Filed: K-1 Visa Country: Vietnam
Timeline

Hello every one! I have been reading the forums for weeks now and I really want to say how much help these have been. The waiting with out reading about other couples experience would be almost unbearable. Now for my question: My fiance works for the government and is a CCP member. We are waiting for a interview date. Is being a CCP member an automatic blue slip? Thanks in advance for your answers.

Automatic blue slip? Technically, it's an automatic denial. Members of a totalitarian party are inadmissible, which means they're not eligible for any visa. There are exceptions. Read INA 212(a)(3)(D):

(D) Immigrant membership in totalitarian party.-

(i) In general.-Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible.

(ii) Exception for involuntary membership.-Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whethe r necessary for such purposes.

(iii) Exception for past membership.-Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that-

(I) the membership or affiliation terminated at least-

(aa) 2 years before the date of such application, or

(bb) 5 years before the date of such application, in the case of an alien whose membership or affiliation was with the party controlling the government of a foreign state that is a totalitarian dictatorship as of such date, and

(II) the alien is not a threat to the security of the United States.

(iv) Exception for close family members.-The Attorney General may, in the Attorney General's discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States.

If she can convince the consular officer that she qualifies for one of the exceptions then she can get a visa.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Lift. Cond. (apr) Country: China
Timeline

Now for my question: My fiance works for the government and is a CCP member. We are waiting for a interview date. Is being a CCP member an automatic blue slip? Thanks in advance for your answers.

AP for CCP membership is automatic. The AP is for a Security Advisory Opinion (SAO). If she became a member only because membership was a requirement for employment, this will be understood. She should prepare a statement explaining why she joined (required for employment).


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Hello every one! I have been reading the forums for weeks now and I really want to say how much help these have been. The waiting with out reading about other couples experience would be almost unbearable. Now for my question: My fiance works for the government and is a CCP member. We are waiting for a interview date. Is being a CCP member an automatic blue slip? Thanks in advance for your answers.

Yes, it is automatic blue. You will find how to overcome it at http://candleforlove.com/forums/index.php?/topic/42851-a-question-about-ccp/

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