CPC .. didn't know she was member

[Drew]

She had her interview on Jan 12. I had NO idea that she was a CPC member. Never came up in our conversations. Turns out she is ONLY involved because she was an exceptional student in school and then maintained membership for her work. She is somewhat well known in her community because of her work as a professional Master of Ceremony for large community and government events, television, etc. ------(She joined June 2004 and has had little if any involvement with the organization. Doesn't even know what it's really about. That's why she never mentioned it to me. I was with over 5 months last year when I was in China for my company and spent ALOT of time with her. I think if she was involved it would have come up. She didn't even think of it when it was asked in the P3 packet. I never even thought it possible she was a member. As she explained to me during all of this, her understanding is that the "good people" in China get to be members and it helps to ensure a good steady job. She simply cannot understand why it would have even been a problem. I myself made reference to her attending a military school. I didn't think anything of it. My father was from that background. I thought it was a good thing. Her major was Art and Literature sponsored by the military providing a free education for her. Could one POSSIBLY think this was bad? I sure didn't.)

 

Anyway, when the question came up, she truthfully told them she had been a member since 2004. -----(Yeah, came up because of my letter mentioning "military school". Was I stupid? We had nothing to hide as far as we were concerned) She explained it was because of school and work. She rarely went to few if any of the meetings. She also explained it was to ensure her position in her job due to the competition that she had to deal with.

 

Very notable considering I don't identify myself as anything at all.. not democrate, republican, ASME, etc.

 

They told her to write a letter explaining her involvement with complete background history of education and work. Short list... she's 22. Anyway, it was in the instructions to mail the documents back to Guangzhou main office. She provided the letter in English and Chinese.

 

Documents were mailed Jan 18. Both of us have been trying to confirm in the past week if they arrived and are in process. She told me the man who helped her was very nice and told her it needed to be sent to Washington for review. ----(New Flash: Documents mailed by certified Next Day Delivery confirm package received on Jan 19, 2006. Yet no confirmation by Guangzhou of receipt. Message is that they open in order of arrival. I found it quite odd though that the package went to White Swine or Swan Hotel???? If I personally mailed documents to the Embassy and they didn't arrive at the destination, i.e. U.S. soil overseas but instead at some "hotel", I think I should be addressing this with Department of Homeland Security as a potential breach. In fact, how would one address this to confirm that such a destination was actually a sanctified local for delivery? Don't want to cause trouble, but this is NOT where the package was sent. Anyone know what's up with this??)

 

Everytime she emails, an automated response comes back to call the US Visa Information Center. $$$$ and "tick tock tick tock" later... no help from them! ------(News Flash!! Don't email DHSGoungzhouGeneral@DHS.gov. This is what she was doing thinking it was the return email address! She didn't realize she had to go to the special English Only- Truncate your message- Website. English teacher would go crazy if she saw that!)

 

Does ANYONE have experience dealing with this scenario? What can I do? I've emailed Guangzhou and I'm hoping to receive a response this week. I found out from a nice lady in Guangzhou last Friday that many people were on holiday vacation due to the Chinese New Year. -------(News Flash! I sent the letter using "-----" to separate my paragraphs and sentences for easy to read content. I believe the satisfaction of the consular officer to receive the letter of explanation by email should now be satisfied. 22 days have gone by before I figured out what the problem was!!)

 

So far, the K-1 was initiated last May 2005. It's now Feb 2006.

 

She was told that the route of mailing the documents was the "easy" way by an attorney?? Not the complicated way??? -------(I guess this means she doesn't need to travel to Guangzhou again? Just wait for them to contact her and ask for more info... or... her passport???)

 

Any input please. I'm frazzled these days between work and trying to deal with this. -----(Use computer at work until 10 or 11 PM then drive 13 miles in subzero weather home)

Edited February 10, 2006 by Drew (see edit history)

[Trigg]

She had her interview on Jan 12.  I had NO idea that she as a CPC member.  Never came up in our conversations.  Turns out she is ONLY involved because she was an exceptional student in school and then maintained membership for her work.  She is somewhat well known in her community because of her work as a professional Master of Ceremony for large community and government events, television, etc.

 

Anyway, when the question came up, she truthfully told them she had been a member since 2004.  She explained it was becuase of school and work.  She rarely went to any of the meetings.

 

They told her to write a letter explaining her involvement with complete background history of education and work.  Short list... she's 22.  Anyway, it was in the instructions to mail the documents back to Guangzhou main office.  She provided the letter in English and Chinese.

 

Documents were mailed Jan 18.  Both of us have been trying to confirm in the past week if they arrived and are in process. She told me the man who helped her was very nice and told her it needed to be sent to Washington for review.

 

Does ANYONE have experience dealing with this scenario?  What can I do?  I've emailed Guangzhou and I'm hoping to receive a response this week.  I found out from a nice lady in Guangzhou last Friday that many people were on holiday vacation due to the Chinese New Year.

 

I'm really worried about this.  Everything seemed to be going fine until this. 

 

She was told that the route of mailing the documents was the "easy" way by an attorney??  Not the complicated way???

 

Any input please.  I'm frazzled these days between work and trying to deal with this.

188591[/snapback]

In the Guz speaks subforum--Guz addressed this a month or so ago. I don't remember what was said but brows ethrough there and you can read it

[Trigg]

This is the link to the GUZ answer.

http://candleforlove.com/forums/index.php?showtopic=14090

[SmilingAsia]

She had her interview on Jan 12.  I had NO idea that she was a CPC member.  Never came up in our conversations.  Turns out she is ONLY involved because she was an exceptional student in school and then maintained membership for her work.  She is somewhat well known in her community because of her work as a professional Master of Ceremony for large community and government events, television, etc.

 

Anyway, when the question came up, she truthfully told them she had been a member since 2004.  She explained it was because of school and work.  She rarely went to any of the meetings.  She also explained it was to maintain a higher level of income and status in her society. 

 

Very notable considering I don't identify myself as anything at all.. not democrate, republican, wastoid, etc. 

 

They told her to write a letter explaining her involvement with complete background history of education and work.  Short list... she's 22.  Anyway, it was in the instructions to mail the documents back to Guangzhou main office.  She provided the letter in English and Chinese.

 

Documents were mailed Jan 18.  Both of us have been trying to confirm in the past week if they arrived and are in process. She told me the man who helped her was very nice and told her it needed to be sent to Washington for review.

 

Everytime she emails, an automated response comes back to call the US Visa Information Center.  $$$$ and "tick tock tick tock" later... no help from them!

 

Does ANYONE have experience dealing with this scenario?  What can I do?  I've emailed Guangzhou and I'm hoping to receive a response this week.  I found out from a nice lady in Guangzhou last Friday that many people were on holiday vacation due to the Chinese New Year.

 

So far, the K-1 was initiated last May 2005.  It's now Feb 2006. 

 

She was told that the route of mailing the documents was the "easy" way by an attorney??  Not the complicated way???

 

Any input please.  I'm frazzled these days between work and trying to deal with this.

188591[/snapback]

I have seen a case killed by "a man who helped her is very nice".

Two years, the applicant is still crying in Guangzhou!!!

 

If the instruction says: mail everything to Guangzhou, then mail to Guangzhou.

I have noticed the Immigration system is a big automatic machine: If one procedure is mis-operated, everything goes wrong.

 

Ask your SO to resign from the CPC, now, for the purpose of immigration, to be family-oriented. She doesn't have to maintain higher income now.

Get the proof and attach an explaining letter, provide her name, case number, birth date, mail to Immigration Unit, US Consulate in Guangzhou. Make everything in clear English. Keep on pushing Guangzhou.

 

Guys, if your SO is a member of Communist Party of China, ask her to resign now.

At the interview, if she is asked whether she is or has been a member of CPC, the answer is NO. This is the only time you have to lie and beg the forgiveness of God.

If the VO or their staff asks why you are in this position without being a CPC, the answer is "I'm a min zhu ren shi (party free, or democratic person).

I have a friend who is a deputy Mayor but he is a min zhu ren shi, not CPC.

God bless you.

Eunice

[david_dawei]

She had her interview on Jan 12.  I had NO idea that she was a CPC member.  Never came up in our conversations.  Turns out she is ONLY involved because she was an exceptional student in school and then maintained membership for her work.  She is somewhat well known in her community because of her work as a professional Master of Ceremony for large community and government events, television, etc.

 

Anyway, when the question came up, she truthfully told them she had been a member since 2004.  She explained it was because of school and work.  She rarely went to any of the meetings.  She also explained it was to maintain a higher level of income and status in her society. 

 

Very notable considering I don't identify myself as anything at all.. not democrate, republican, wastoid, etc. 

 

They told her to write a letter explaining her involvement with complete background history of education and work.  Short list... she's 22.  Anyway, it was in the instructions to mail the documents back to Guangzhou main office.  She provided the letter in English and Chinese.

 

Documents were mailed Jan 18.  Both of us have been trying to confirm in the past week if they arrived and are in process. She told me the man who helped her was very nice and told her it needed to be sent to Washington for review.

 

Everytime she emails, an automated response comes back to call the US Visa Information Center.  $$$$ and "tick tock tick tock" later... no help from them!

 

Does ANYONE have experience dealing with this scenario?  What can I do?  I've emailed Guangzhou and I'm hoping to receive a response this week.  I found out from a nice lady in Guangzhou last Friday that many people were on holiday vacation due to the Chinese New Year.

 

So far, the K-1 was initiated last May 2005.  It's now Feb 2006. 

 

She was told that the route of mailing the documents was the "easy" way by an attorney??  Not the complicated way???  

 

Any input please.  I'm frazzled these days between work and trying to deal with this.

188591[/snapback]

I have seen a case killed by "a man who helped her is very nice".

Two years, the applicant is still crying in Guangzhou!!!

 

If the instruction says: mail everything to Guangzhou, then mail to Guangzhou.

I have noticed the Immigration system is a big automatic machine: If one procedure is mis-operated, everything goes wrong.

 

Ask your SO to resign from the CPC, now, for the purpose of immigration, to be family-oriented. She doesn't have to maintain higher income now.

Get the proof and attach an explaining letter, provide her name, case number, birth date, mail to Immigration Unit, US Consulate in Guangzhou. Make everything in clear English. Keep on pushing Guangzhou.

 

Guys, if your SO is a member of Communist Party of China, ask her to resign now.

At the interview, if she is asked whether she is or has been a member of CPC, the answer is NO. This is the only time you have to lie and beg the forgiveness of God.

If the VO or their staff asks why you are in this position without being a CPC, the answer is "I'm a min zhu ren shi (party free, or democratic person).

I have a friend who is a deputy Mayor but he is a min zhu ren shi, not CPC.

God bless you.

Eunice

189126[/snapback]

SmilingAsia;

 

Here's one of the few times I have to disagree with you...

 

You have to answer "who are or ever have been" on the GNI-2 as well.. now the lie grows to two places.

 

We're fairly unanimous in our advice to NEVER lie to the US Government... maybe with the chinese government, the attitude is a little different for chinese...

 

I respect your postings and we benefit from yours and your continued help here.. but I'm not sure we benefit from this idea.

 

---

 

 

We've had people pass with known employment, or past, with CPC... just give GUZ what they ask for and don't make it any more complicated.

 

here's some references:

 

Communist Party Issues

http://candleforlove.com/forums/index.php?showtopic=10946

[HanLi]

If you lie, you can lose!! Best to be straight and tell the truth, and provide GUZ with everyhing they ask for. Keep copies and be sure you put the GUZ number on every page, on top right corner. Send by certified mail so you can have evidence that they received the documents/letters you send.

 

good luck

[tywy_99]

There's two schools of thought pertaining to the immediate issue.

That's all I have to, and will say on that.

[king]

Check the statute, INA Sec. 212(a)(3)(D) for the law regarding membership in the CPC. Generally a person who was a member must have resigned for 5 years before they will be considered ADMISSIBLE for immigration.

 

An IMMIGRANT who was/is a party member is NOT INADMISSIBLE "...if membership was involuntary, ... by operation of law, or for the purpose of obtaining employment, food rations, or other essentials of living."

 

There is a waiver available for close family members.

 

I think you have a chance.

[warpedbored]

Listen to King he knows his stuff. The problem with lieing to the government isn't so much that you can't get away with it. I would be very surprised if the Government of China would share it's party membership list with the consulate. Chances are you would get away with it. But and this is the but that can kick yours. If ever later on down the road you pissed someone off and they wanted to cause trouble for you they could inform the government you lied. This would be legitimate grounds for deportation. Simply not worth the risk in my opinion.

[SmilingAsia]

She had her interview on Jan 12.?I had NO idea that she was a CPC member.?Never came up in our conversations.?Turns out she is ONLY involved because she was an exceptional student in school and then maintained membership for her work.?She is somewhat well known in her community because of her work as a professional Master of Ceremony for large community and government events, television, etc.

 

Anyway, when the question came up, she truthfully told them she had been a member since 2004.?She explained it was because of school and work.?She rarely went to any of the meetings.?She also explained it was to maintain a higher level of income and status in her society.?

 

Very notable considering I don't identify myself as anything at all.. not democrate, republican, wastoid, etc.?

 

They told her to write a letter explaining her involvement with complete background history of education and work.?Short list... she's 22.?Anyway, it was in the instructions to mail the documents back to Guangzhou main office.?She provided the letter in English and Chinese.

 

Documents were mailed Jan 18.?Both of us have been trying to confirm in the past week if they arrived and are in process. She told me the man who helped her was very nice and told her it needed to be sent to Washington for review.

 

Everytime she emails, an automated response comes back to call the US Visa Information Center.?$$$$ and "tick tock tick tock" later... no help from them!

 

Does ANYONE have experience dealing with this scenario??What can I do??I've emailed Guangzhou and I'm hoping to receive a response this week.?I found out from a nice lady in Guangzhou last Friday that many people were on holiday vacation due to the Chinese New Year.

 

So far, the K-1 was initiated last May 2005.?It's now Feb 2006.?

 

She was told that the route of mailing the documents was the "easy" way by an attorney???Not the complicated way????nbsp;

 

Any input please.?I'm frazzled these days between work and trying to deal with this.

188591[/snapback]

I have seen a case killed by "a man who helped her is very nice".

Two years, the applicant is still crying in Guangzhou!!!

 

If the instruction says: mail everything to Guangzhou, then mail to Guangzhou.

I have noticed the Immigration system is a big automatic machine: If one procedure is mis-operated, everything goes wrong.

 

Ask your SO to resign from the CPC, now, for the purpose of immigration, to be family-oriented. She doesn't have to maintain higher income now.

Get the proof and attach an explaining letter, provide her name, case number, birth date, mail to Immigration Unit, US Consulate in Guangzhou. Make everything in clear English. Keep on pushing Guangzhou.

 

Guys, if your SO is a member of Communist Party of China, ask her to resign now.

At the interview, if she is asked whether she is or has been a member of CPC, the answer is NO. This is the only time you have to lie and beg the forgiveness of God.

If the VO or their staff asks why you are in this position without being a CPC, the answer is "I'm a min zhu ren shi (party free, or democratic person).

I have a friend who is a deputy Mayor but he is a min zhu ren shi, not CPC.

God bless you.

Eunice

189126[/snapback]

SmilingAsia;

 

Here's one of the few times I have to disagree with you...

 

You have to answer "who are or ever have been" on the GNI-2 as well.. now the lie grows to two places.

 

We're fairly unanimous in our advice to NEVER lie to the US Government... maybe with the chinese government, the attitude is a little different for chinese...

 

I respect your postings and we benefit from yours and your continued help here.. but I'm not sure we benefit from this idea.

 

---

 

 

We've had people pass with known employment, or past, with CPC... just give GUZ what they ask for and don't make it any more complicated.

 

here's some references:

 

Communist Party Issues

http://candleforlove.com/forums/index.php?showtopic=10946

189130[/snapback]

DavidZixuan,

I know a woman in Guangzhou.

The family had visa interview 2 years ago. The husband's sibling was the petitioner.

Both the husband and wife were CPC and they were asked to submit additional documents.

Somehow the husband got passed, but the wife was instructed to submit more docs.

She was instructed to send everything to Guangzhou but mis-guided by a bad agent, she sent everything to Washington and the time limit of submitting docs in Guangzhou expired.

When asking Guangzhou consulate, they tell her to do as intructed on the slip.

When asking Washington, it responded with $$$$ and she sent checks but the checks are untouched when she checked her bank account.

The husband and son are in US now and she is still crying in Guangzhou.

 

I don't know why the consulate hate CPC so much since Mao and Roosevelt fought with each other.

I was in the hell created by CPC from 1964 to 1979 but I don't hate CPC.

What Mao did to the people is not the fault of current CPC.

Eunice

[audelair]

These sections may apply:

 

----------------

9 FAM 40.34 N5 Relief for Non-Meaningful Association: Non-meaningful membership or affiliation... does afford relief from ineligibility in appropriate cases.

 

9 FAM 40.34 N6.4-2 Membership for Employment: ...solely for the purpose of obtaining, retaining, changing, or advancing in employment commensurate with their educational background and experience, whose memberships were nominal, and who do not appear to have subscribed to communist ideology, may be considered to be within the purview of INA 212(a)(3)(D)(ii).

 

9 FAM 40.34 N7.1 Cases which Require Advisory Opinions: Consular officers must request the Department's security advisory opinion in all cases involving claimed non-meaningful or non-voluntary memberships by nationals of <list of countries which include, unfortunately, the People's Republic of China> who are, or were during the past five years, members of the Communist Party.

 

When an SAO (security advisory opinion) has been requested, no visa may be issued until the Department's response has been received.

----------------

 

 

Likely you will need an SAO for your spouse. If your spouse doesn't qualify according to the above procedure, then she still has a chance with a waiver of ineligibility, as king explained, from the Department of Homeland Security.

 

From what I understand, the SAO's are needed for the non-voluntary and non-meaningful communist memberships. But even if your spouse doesn't qualify (for instance, they decide that she DID in fact believe in communism and that it was voluntary), she still has a chance through the waiver, because she is a spouse of a US citizen.

[hunter]

Ok, I found this on the USCIS website, I hope there is something for you.

 

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.

[hunter]

Ok, I found this on the USCIS website, I hope there is something for you.

 

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.

189623[/snapback]

ok, it seems you can have her quit the CPC and wait 2 years, or you can

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.

 

have a baby =)

[nathalie509]

I have a very similar situation as yours. My boy friend had interview on Oct 10th 2005 but didn't get K1 visa because of his communist status. He resigned from the party right after the interview and submitted the document on Nov 11th 2005 to explain his involvement with CPC. We made it very clear that he had no interests in politics at all and hoping he could get K1 visa soon. But unfortunately we were told that the document need to be sent back to Washington and we need to wait. So far it has been more than 4 months now and still we have not got any response back from GZ. I emailed them almost once a month but rarely got any response back. At this point, I am really frustrated. It has been a torture for us. I don't know what to do now.

Edited March 14, 2006 by nathalie509 (see edit history)

[nathalie509]

I have a very similar situation as yours. My boy friend had interview on Oct 10th 2005 but didn't get K1 visa because of his communist status. He resigned from the party right after the interview and submitted the document on Nov 11th 2005 to explain his involvement with CPC. We made it very clear that he had no interests in politics at all and hoping he could get K1 visa soon. But unfortunately we were told that the document need to be sent back to Washington and we need to wait. So far it has been more than 4 months now and still we have not got any response back from GZ. I emailed them almost once a month but rarely got any response back. At this point, I am really frustrated. It has been a torture for us. I don't know what to do now.

198579[/snapback]

Can anyone tell me ususally how long it takes for the security check? Can I contact the CIS in USA for the status? I really hope I could do something to speed up the process....

 

Help!!!!