Simeon

pay extra for the extra luggage - it makes a world of difference. seriously.

hope she can transit out soon, soonish.

congratulations on getting the visa in hand.

strongly suggest photocopying or scanning the 'immigrant summary page' attached to the outside of the 'do not open' envelope, as it has all the data on her that you need for ELIS and other stuff.

She get the extra International Shot Record book done at the medical? Those are useful in the USA when doing stuff that needs it. Got more marriage white books, birth certificate white books? BRING EM ! [or make arrangements on monday to make more, a family member ship them later]

Thanks for the advice again. My parents were very nice and offered to help fly there and back with us. That's 4 x 50lbs. checked-in bags!

Hainan Airlines just opened a new route (6/15) in my area from San Jose to Beijing. Directly! We will be taking that route.

An odd thing happened in my case. I believe they automatically converted the CR-1 (2-year conditional GC) to an IR-1 (10-year permanent GC) based on the Immigrant Data Summary page's Issue Visa Class field, being "IR1" instead of "CR1". If that's the case, I can wait 10 years before renewing or just apply for citizenship. Will she need the extra white books then?

Hi, everyone! We have our I-129 packet ready to send, but now we are confronted with another possible issue: My fiancee is currently in Germany (his home country); however he has been offered a job in Canada. He has worked there in the past and enjoys it there, plus it is much easier to see one another when we're on the same continent, which is nice. Our question is should I send in our packet now, or wait until he's already in Canada on a working visa? Or does it matter either way? I can't seem to find answers to this and am hoping someone on here will be able to help. Thanks so much for your time, all!

I would wait. You'll have to update his address and employment history anyways, if you submit it now. Your other option is to have him wait in Germany, since the process usually takes less than a year (see K-1 historical processing times).

Did the Consulate mention what you were put on AP for?

Thanks, Darnell. I was not aware of the visa foil issue. It can never be easy, right?

Thanks also, San Diego. The visa arrived in hand about 4 days ago. Although, the expiration date is in a week and a half, so we are scrambling to move her life ASAP.

Hi - based on the expiration date of the documents,

my opinion is:

Submit passport this week, get visa issued next week, with visa packet delivery back to CITIC within 20 days.

GUZ IV knows about the aging out of documents in July. IMO, they will go quick with the rest of the visa application process once the passport hits the door via CITIC into GUZ IV. You know how to make a document delivery coversheet at ustraveldocs.com/cn ?

My wife did submit the documents to CITIC on 5/24 with a printed out e-mail and coversheet. So, far.... nothing... not even an e-mail. Is the visa a sure thing? Should I ask her to start the process of quitting her job now? It's going to take 3 weeks.

Hi,

You are not getting a visa yet. From your post; "The Consulate General is unable to issue you an immigrant visa at this time."

You need to send in the requested documents. If you cannot send them in a month before the police report or medical expires, then hold on to the passport and get new police report and/or medical as advised.

Sending the passport in without the requested documents is an extremely bad idea.

Best of luck.

The only requested document is the passport, right? They are just giving me a courtesy notice about expiring medical, police and DS-260. The question is whether or not I should renew medical and police reports before sending the passport in??

What was the NVC's last communication with you exactly?

Dear Applicants, /尊敬的申请人，

Under the section 221(g) of the Immigration and Nationality Act, the Consulate General is unable to issue you an immigrant visa at this time. If you have already submitted your passport to the Consulate General, we will keep your passport with your file pending the issuance of your visa. Further consideration will be given to your visa application after you meet the following requirement(s):

根据移民国籍法案221(g)条款，本馆目前不能批准你的移民签证。如果你的护照已经提交至本馆，本馆将会保留你的护照及档案，直至签证批准。在你达到以下要求后，我们将对你的签证申请作进一步的考虑：

* Please submit the following documents and this letter through CGI’s designated agent CITIC Bank. For instructions on how to submit the required documents, please refer to the “Application Pending Further Action” page in the Immigrant Visa Section of http://ustraveldocs.com .

请通过CGI指定的中信银行提交以下材料及此信。关于提交材料的指引，请参照网站http://ustraveldocs.com 移民签证信息页面上“需进一步处理的申请”。

• For All Applicants: Please submit a passport (with at least 8 months validity) and two new visa photos taken within the past 6 months.

全部申请人：请提交护照（必须有至少8个月的有效期）和两张新的签证照片（最近6个月内拍摄）。

• Police Report(s) will expire on/无犯罪记录公证书将于此日过期：2015-07-15

If you cannot submit the requested documents one month before your Police Certificate expires, please renew and submit a new Police Certificate.

如果你不能在无犯罪记录公证书过期前一个月提交所有材料到领事馆，请提交新的无犯罪记录公证书。

• Medical Report(s) will expire on/体检报告将于此日过期：2015-07-15

If you cannot submit the requested documents one month before your Medical Report expires, please return to the panel physician with your passport for a new medical exam and Medical Report. Please do not submit the chest X-ray. Please note that we will not issue a visa with validity longer than the validity of your Medical Report. You must enter the U.S. before your Medical Report expires.

如果你不能在体检报告过期前一个月提交所有材料到领事馆，请携带护照到指定的体检医院重新体检并提交新的体检报告。请不要提交X光片。请注意，签证有效期必须被限定在体检报告过期日之前。在此情况下，你务必在签证到期前（即体检报告过期前）入境美国。

• The DS-230/DS-260 online application will expire on/ DS-230或DS-260表格将于此日过期：2016-01-25

If we receive your document(s) after the expiration date, we will schedule you to update, resubmit the DS-230/DS-260, and return to the Consulate General to have your oath taken in front of a consular officer. If you have previously submitted FORM DS-260, you do not need to complete a new form. Instead, access your existing FORM DS-260 at https://ceac.state.gov/IV to make the appropriate updates, and re-submit the existing form. Then print the DS-260 confirmation page.

如果我们收到你的材料时DS-230/DS260表已过期，我们将安排你更新，重新交表，并回来领事馆在领事面前宣誓。如果你曾经提交过DS-260表格，你不需要填写新的表格，你只需再次登录网页https://ceac.state.gov/IV 在你已经存在的DS-260表格上作适当的更新，然后再次提交该表格，并且打印该DS-260表格的确认页。

I think this means we have a visa! But the police and medical report trouble us. If we submit her passport, we cannot renew the medical (they require a passport to renew), and we will surely get a 221(g) if they take too long. Do you guys think this means we finally got our visa? And if so, do you think we should send in our passport or renew the police and medical first? Thanks, everyone.

How to prove to the Consular officer that you have no immigrant intent after applying for K1, CR1 immigrant visa (all denied)?

Not to get too OT, but she has little chance of proving she isn't coming to the US to stay permanently. The one thing she may have going for her is that she has been to other countries and returned: Canada, Austria, Philippines, Singapore, and many others. But none of those had a husband who wants her to stay.

1. I assume she is no longer a member of CCP?

2. If so, how long ago did she leave CCP?

3. I'm also assuming she is not highly political and didn't join the CCP out of passion for communism,

but rather to be employed and to earn a living?

Does any of the following "Exception Conditions..." in INA 212 (a)(3)(D),

apply to her?

1. Under INA 212(a)(3)(D)(ii) – If the membership or affiliation is or was:

• involuntary,
• solely when alien was under 16 years of age,
• by operation of law, or
• for purposes of obtaining employment, food rations, or other essentials of living and whether
• necessary for such purposes.

2. Under INA 212(a)(3)(D)(iii) – If:

• • 2 years before the date of the application, or
  • 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 U.S.
• (I) the membership or affiliation terminated at least:

3. Under INA 212(a)(3)(D)(iv) – If the alien is:

• the parent, spouse, son, daughter, brother, or sister of a U.S. citizen or
• a spouse, son, or daughter of a permanent resident.

The Exception 3 may apply only:

• at INS discretion,
• if the immigrant is not a threat to the security of the U.S.

• AND

• for humanitarian purposes, to assure family unity, or
• when it is otherwise in the public interest

1. She is no longer a CCP member.

2. She stopped paying dues a little over 3 years ago.

3. She joined as a student and wasn't any more political than kids her age in college. She was never very passionate about communism but rather joined the CCP as an honor society rather than a political party.

We tried to use (ii) and (iii) for the denied K-1. We were not offered a waiver. Instead, the Consulate recommended that we marry and reapply for the CR-1, which is INA 212(a)(3)(D)(iv) on the list you quoted above. This resulted in another denied visa that now requires an advisory opinion. So, you think I should apply for a tourist visa? I would apply, but I would like to get your opinion on the FAM:

http://www.state.gov/documents/organization/87150.pdf

9 FAM 40.301 N3 CRITERIA FOR INA 212(D)(3)(A) WAIVER RECOMMENDATION

The following conditions must be met before an INA 212(d)(3)(A) waiver c

an be recommended or granted:

(1) The applicant is not inadmissible under INA 214(b);

http://immigrationroad.com/visa/214b-immigrant-intent-visa-denial.php

How do I avoid being rejected on ground of 214(b)?

Obviously there is no sure way; otherwise everyone would have been able to secure a nonimmigrant visa. There are a few things, however, that help increase your chances.

• You must be able to show strong ties to your home country, which you have no intention to abandon. This is the most important factor with regard to 214(b). You need to convince the consulate official that your strong ties, whether it is family members, a house or a job, is going to compel you to leave the United States after your short visit or study.

I can't imagine being married and be forced to live apart for 5+ years.

Now that US & China has gotten friendlier with long tourist visas,

(if she's willing), have you looked into whether its possible to have

her come live with you under tourist visa?

If allowed, she won't be able to work in US until she gets GC,

but at least you two can be together.

Thanks for the idea. I have thought about it, but I haven't tried. Maybe this is a viable option, as you're right, I'm just concerned with her being with me rather than the length of the process. Do you know if applying for a tourist visa will affect my current visa (this was always my worry)? Also, it seems like INA 212 (a)(3)(D) is saying that CCPers not eligible for any type of visa, whether immigrant or non-immigrant.

https://www.law.cornell.edu/uscode/text/8/1182

(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 whether 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—

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

(b) 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.

Sorry for the spammy posts, but I just wanted to get your expert opinions on this article:

http://srwborderlawyers.com/ina-212d3ai-non-immigrant-waiver-applying-at-us-consulate/

"Specifically, if a visa applicant is inadmissible, the visa application review process will proceed as following:

1. The Consular Officer will first make a determination on whether the applicant qualifies for the particular type of visa being applied for; and
2. If the applicant qualifies for a visa, the applicant will be instructed that he or she will need to obtain a waiver.

Once a visa application with a waiver is submitted to the Consulate, consular officers will review the material and then determine whether to recommend the waiver application to the Admissibility Review Office ("ARO") for approval. On the other hand, should the consular officer choose not to recommend the waiver application, the applicant may request that his or her case be submitted for an advisory opinion. The applicant may also choose to accept the denial and simply apply at a later date."

Since the Consulate did not recommend a waiver application, it looks like I will need to seek an advisory opinion (AO). From what I've been told on VJ, almost all of these AOs result in a granted visa. But as mentioned previously, the wait time may be anywhere from 2 months to a year (!). Is this the right way of thinking?

Also, is there any significance to the officer telling us a 2 month wait time is typical? I feel like the officers telling us this piece of information is significant?

The embassy Provided us with a questionnaire about CCP Membership and also asked for a Resume in Chinese and English and also a list and Date of past travels.

Did your Wife receive this after the Interview?

Yes, they asked for this as part of the "resume". We did submit this through e-mail, as requested by the Consular officer. The Consulate also confirmed that they received it, but chose to ignore my question as to whether they had shipped it to Washington.

What they should have explained is that as your spouse she qualifies for the waiver, but that the consulate typically will not grant the waiver but rather send it to "Washington".

I have specific experience with the process, the waiver, etc. (not China, but similar as you can see from my background). You should have already prepared a dossier that explains in detail your wife's rationale for party membership (job related), the fact that she did not hold any sort of office, etc. We also provided documentation that showed the link between party membership and job promotion (with everything translated). We provided this at the time of the interview at the consulate, and it was forwarded to the Visa Services office with our case file. We spent about 4 months in AP. My wife quit the party and the job at the same time - perhaps coincidentally, perhaps not, the approval was granted shortly after we submitted this paperwork to Visa Services. I can't remember if we submitted this paperwork to the Consulate and then to Visa Services, or direct to Visa Services. At that point my wife had been in AP for about 3 months.

We had an attorney with experience in these matters assist - I spent a lot of time on paperwork and at the end of the process I felt like I understood the process as well as the attorney. Nevertheless, his fee was worth what we paid in that we were prepared ahead of time for what to expect, and, with documentation to support the waiver request. That said, end to end it was almost 18 months.

PM me if you want more information. Best of luck.

We've already submitted the CCP statement, but did not get into detail about promotion. Promotion was a regular occurrence based on seniority at the State Intellectual Property Office (SIPO), where she worked as a government official (like all her co-workers). She has since quit SIPO and now works at a private, international law firm for over 2 years now. In both K-1 and CR-1, we tried to prove exemption by stating it was necessary for employment/promotion as stated in:

http://lawandborder.com/communist-party-members-ineligible-green-card/

"Today, CCP membership isn’t necessarily ideologically meaningful. Harvard Professor MacFarquhar quipped that the CCP is “a sort of Rotary Club of 70 million people who joined in because it’s good for their careers.” See David L. Shambaugh, China’s Communist Party: Atrophy and Adaptation 25 (2008). The Party is a mutually advantageous social network that distributes favors and privileges (guanxi) to its members. Mere membership in the party also signals elite status to potential government or private employers. It’s “shorthand for being an excellent person.” See Jamil Anderlini, et al., Welcome to the Party!, FT Magazine (Sept. 28, 2012). Membership is also a hedge against political risk, not unlike emigration. So it’s not uncommon for a person to write up a party membership application with one hand and fill in a U.S. immigration application with the other."

She also had co-workers who were not CCP affiliated, but they were also able to get promotions without membership. The CCP standing may have allowed her to get her job initially, but as for promotion, there seems to be little correlation. Besides, the Consulate would've approved the K-1 before if they found her eligible for exception (ii) or (iii). There is no difference this time around, only marriage (iv), which the Consulate has told us was our solution in the K-1 interview. Thanks for the advice, and I'll PM you about the details of your case.

Sounds like our case, Denied K-1 ,Got Married and embassy put us in A.P.(Been in A.P. now for 10 Months).We had to fill out the questionnaire and send in a Resume about her past CCP membership. Our Lawyer said they send that to Washington for a S.A.O.,But the Embassy has not given us a Decision yet.

every time we email them they tell us to wait....Did they ask you to fill out the Questionnaire too?

Sorry to hear you're in AP for 10 months. That's awful, and I know how that is. They just wanted to see an updated resume and a CCP statement.

some contact info:

http://www.visajourney.com/forums/topic/221091-uscis-contacts/?p=3365596#entry3365596

some of it may be outdated. best reviewed on a pc, not a handphone.

CCP membership needs extra time, so it's important you sit in for the long haul. could be 2 months, could be 10 months, could be a year.

Thanks, I will take a look. I'm not sure where to start calling/e-mailing. Should I just start calling every number of DHS employees in Washington?

You may have seen some of this, but just in case...

http://lawandborder.com/communist-party-members-ineligible-green-card/

http://www.nolo.com/legal-encyclopedia/how-communist-totalitarian-party-membership-affects-eligibility-naturalized-us-citizenshi

http://www.visajourney.com/forums/topic/324976-ever-in-any-way-associated-with-the-communist-party/

http://fianceevisa.chinesefiancee.com/category/i-601-waivers/

Thanks, I will take a look.

This article may help you?

http://lawandborder.com/communist-party-members-ineligible-green-card/

Thanks, I will take a look.

She was a low level rank-and-file CCP member, and they already acknowledged that in the K-1 when they asked us to marry and reapply for the CR-1. They even said this would act as a "qualifying relationship". So, why the red tape in the CR-1?

CCP membership automatically means a Security Advisory Opinion will be needed before a visa can be issued.

What they will be looking for is the extent of how involved she is (i.e. joined only because it was a requirement for certain jobs or trying vs. trying to climb the ladder to influential positions).

I think I understand. Since she was denied under INA 221(g), she is not eligible for a waiver by the Consulate (9 FAM 40.6 N4.2), but the DHS can waive it. That makes sense, since she was told that DHS would be making the decision. She was denied under INA212(A)(3)(d), but the FAM only says NIV cases require an initial waiver recommendation. So, I should just wait for the AO/waiver from DHS? Does that mean I need to apply for a waiver, or the DHS will just waive the ineligibility for me?

I'm not sure if it is out dated or not, but other research on the internet has led me to believe a lot of it is still quite relevant.

Advisory Opinion: An opinion regarding a point of law from the Office of Visa Services in the Department of State, Washington, D.C. This opinion would be issued in response to an inquiry from a U.S. Embassy or Consulate regarding the interpretation of immigration law, or in response to an inquiry from an applicant or his/her legal representative regarding the legal correctness of the applicant’s visa refusal.

http://travel.state.gov/content/visas/english/general/glossary.html

http://www.state.gov/documents/organization/87507.pdf

http://www.state.gov/documents/organization/86932.pdf

Thanks for that link. I will read it. It does seem very old, though. Do you think some of this information may be out of date?

Okay. It sounds like the Consulate may be asking for an Advisory Opinion from the State Department without your attorney requesting it. You should get your attorney to confirm this.

I always look into these matters so I can be prepared for any next steps I may need to take. This is a lot to read, but you should read this.

http://www.mhb.com/web_documents/the_lawyer_s_role_in_consular_visa_refusals_4-2008__2_.pdf

The Consulate said that was something Washington would need to approve, but it seems like they should have the power to adjudicate this... My attorney recommended that we wait the two months for their opinion. So, I should ask for an AO before the 2 months, you're saying?

Did they say if she was eligible for a waiver or not?

You can also try an attorney and see if they can ask the State Department for an Advisory Opinion.

VJers, I need some advice.

My wife went in for her CR-1 interview on 1/26/2015 and was denied a visa based on her past China Communist Party membership. This was entirely unexpected because she was already denied under a K-1 visa, and the Guangzhou Consulate told her to get married and reapply for a CR-1, which we did.

The Consulate said they would transfer our case back to Washington for a possible approval/denial/waiver. The interviewing officer said the typical time is 2 months. An inquiry to the Consulate as to whether or not they have shipped out my application to Washington was met with the "just wait" e-mail. At this point, I don't know what to expect, as I've never heard of any case like ours... having been denied twice on two different visas with over 5 years of waiting. For the K-1, we were in AP for over 24 months. I don't want her to wait that long again. What should I do? Please weigh in with your advice, I'm at a loss here.

What does that exactly mean, processing hold? Are we technically not even in the "queue" so to speak until these security checks are done? And does anyone know what these security checks are? Like Police background checks or what? And will this still all be done in 12-15 months or could it possibly be longer now?

Thanks so much!!

You have to wait. In fact, every petitioner/beneficiary goes through a security check. A lot of May 2013 petitioners waited 13 months for a decision, but I hope yours is much sooner.

I'm considering a lawyer... as much as I'd like to save money would prefer to go through the process with professional guidance as I'm confused as all hell and would hate to mess up. How can I find a legit one / or decent priced? What's their avg rates? Im in southern cali. Thanks for input.

I hired a lawyer in LA because he has lots of experience with people in my situation. My case was not simple. His office is on Sepulveda Blvd. The rate is flat, about $9K for the green card and citizenship. PM if you want his info.

Hi,

I'm concerned about my situation once I finally move to the US. I finished University a year ago and I've heard that I have to do some process with my bachelor, diplomas, etc ..degrees in general to apply to any job, can anybody advice me about this ?

Thank you !

What was your degree in? I think employers are generally more interested in your skills than where you got them. Just focus on having a good, concise resume without spelling or grammar errors and do a great job on your interview.

If only all of them were so simple, congratulations on the visa!

Hi everyone,

Thank you for all the feedback.

I had the interview today and it went well.

They asked me when can I start working.

They said that they will call me on Thursday and asked me to come on Friday for the orientation, the orientation itself will be for a week. They didn't talk

about salary though.

Does that mean they will hire me?

Sounds like they hired you, but I would call the hiring manager/HR to ask about when they can discuss your compensation and benefits. That will need to be negotiated before you start anything at the company, including orientation. If it's an hourly job, maybe it was listed on the job application?

that's weird, my husband tried to get a 2 year visa to china to visit me and our son but the chinese consulate in LA wouldn't let him apply for some reason, so he settled for the 90 day multipul entries visa. but once he was in china, he was able to renew his visa at our local police station for a 1 year visa...

So, this was the Q2 visa, right?

Family Visa (Q2 visa)

Q2 visa is designed for Chinese descendants or foreigners who are spouse of Chinese citizen. Issued to those who intend to visit their relatives who are Chinese citizens residing in China or foreigners with permanent residence in China. The intended duration of stay in China is normally granted as 30 - 90 days per visit. Q2 Visa is usually issued for multiple-entry.

Source: http://www.visarite.com/ChinaConsulate.htm