cguo7
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thank you both for your comments and advice. I thought it might have something to do with a 10 year rule, this confirmed it for me. I didn't really think they would follow it though, because I know a few people who were part of the CCP and still recieved citizenship before their 10 year mark.
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Hello, My husband just recieved a letter in the mail denying his naturalization. I was a little surprised since I did not personally know of anyone who had not passed before. The reason has to do with him being a former CCP member. Below is an excerpt of his letter: On October 5, 2009, you obtained permanent residence status through your spouse in immigrant classification Ir1. USCIS received your form N-400 on June 24, 2013, and on September 11, 2013, you appeared for an interview to determine your eligibility for naturalization. During the naturalization interview and review of your application, the Immigration Services Officer asked you about your involvement in the Communist Party. You stated that you were a member of the Communist Party and that you stopped paying the membership fee since 2008. You also stated that you joined the Communist Party for a better future. According to your statement, you had a been a member of the Communist Party within the 10-year period immediately preceding the filing of your application for naturalization on June 2, 2013. Your membership was voluntary since you stated that no one forced you to join the Communist Party. You did not terminate your membership of or affiliatioin with the Communist Party prior to becoming 16 years of age because at the time you stopped paying membership fee, you were in the age of around 26 years old (2008). Based on the foregoing, you are ineligible for naturalization because you failed to establish an attachment to the principles of the US Constitution and be disposed to the good order and happiness of the US. My questions are these: 1.) The letter goes on to explain how we can overcome the grounds for denial by submitting a Form N-336. The cost is around $600 to do this and it doesn't seem likely the decision will be overturned (but I really don't know how high the rate of overturned appeals are). Has anyone had to go through this process and what more could we possibly say to help his cause? He joined the CCP in his mid twenties for a chance at a better job position (but did not get the job in the end) and said that once someone stops paying their dues after 6 months, they are not a part of the CCP anymore. He stopped in 2009 sometime. 2.) I looked online about non-profit immigration organizations but haven't found very many in the Sacramento, CA area. Does anyone have any experience with these types of organizations and do you think they will help our cause? 3.) My husband doesn't want to appeal because of the cost (it is a lot for us) but I'm afraid this will somehow affect his chance either at extending his 10 yr green card or another try at naturalization in the future. Can anyone elaborate on this? 4.) What do we have to prove with this sentence? He is a law abiding citizen, he pays taxes, he hasn't been in any trouble with the law. I'm really not sure how to interpret this... Based on the foregoing, you are ineligible for naturalization because you failed to establish an attachment to the principles of the US Constitution and be disposed to the good order and happiness of the US. My husband said that when he faced the interviewer, he felt the officer was already in a bad mood and was not friendly in any way. The officer had a thick accent, so when my husband asked if he could ask the same question again, the officer barked that he should be able to understand and answer the question if he wanted to be an American citizen. The officer then asked my husband about the CCP connection and my husband said that a letter had been enclosed in the packet, but the officer insisted on asking him a lot of the questions. I can understand this, maybe he wanted my husband to elaborate on his answers. The officer sent him home with a paper that said he didn't pass the US History portion, We thought we would get a letter asking him to come back for another interview to retake the portion he failed. We were very surprised he received this letter. Based on what my husband relayed to me, I feel like the officer was in a bad mood and chose my husband as a whipping boy. My husband is a very hard worker and a humble person. I know of other people whose character could be questioned and were once CCP members that have become citizens. I feel that this situation with the officer and his treatment of my husband was unfair. Could anyone offer advice, please? Thank you, Christal
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it took us about 4 months, going through the California Service Center. Good luck!
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Thanks dnoblett, you've always been a great help to me.
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Hi there, I was hoping you could give me some advice, given your response to another member. My husband will be applying for citizenship next year. He was not asked the "communist" question during the visa interview, even though he listed it on his DFC application. This time around, it looks like we'll have to put yes to the same question, have you guys had to go through this and how was your outcome? Do you think his yes answer will affect his chances for citizenship? Thank you for your help! Hello, Thanks for the warning. We were always very cautious of this question. The only time it was asked of us was on DS-230 Part II, where it states "...who is a member of or affiliated with the Communist or other totalitarian party". In that case, we answered "no" and it appears to be the consensus among CFL and Visajourney members that a member who quit the CCP can honestly answer "NO" to that question on the DS-230 form. We did CR-1 (direct consular filing), so no GNI-2 form was given. So we were never asked the "are you or have you EVER been..." version of the question. And the question was never asked verbally at the interview. However, in this case (on the N-400), the question undoubtedly includes prior membership, so we must answer YES. I hope that makes sense, and I hope we did the right thing! Thanks.
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thanks dnoblett!
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Hi dnoblett, I'm an idiot. I am a sponsor and my mother was the joint sponsor. In my mind, I kept thinking my mother was the sponsor and I was a petitioner only. I did file the I-130 for my spouse. Thanks for putting up with my idiotic question. Who filed the I-130 or I-129F petition for immigrations? You for a spouse, or Mother-in-law for a Son? If you did a K-1 or K-3 or adjusted from an other type of non-immigrant visa, you as spouse had to provide an I-864 for huband to adjust status. If you filed the I-130 for a spousal visa, then YOU had to provide an I-864 as primary sponsor, and parent acted as a joint sponsor, since you moved with your husband to a new home, you as primary sponsor need to file an I-865.
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Hi, I am mailing this form in a couple days late (the instructions say within 30 days). I would like to know if I need to add a note in there? I didn't do my homework very well and didn't know I needed to fill the I-865 out, since my hubby filled the AR-11 out already. Do you think it will be okay to send with just the I-865, or should I attach an explanation? Thank you.
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Hi dnoblett, my mother is my hubby's sponsor and she still lives at the old address. I did take a look at the I-865 instructions and it says it's only for the sponsor, not a spouse as far as I can tell. Should I do one anyways or will that create more confusion for them? thank you very much!
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Hi guys, I was wondering if you could help with a few questions. My husband and I just moved into our new house last month. We are sending the packet in this month. My hubby went online and changed his address and printed out a confirmation. On the document, it says "do not mail." So I guess that means we shouldn't include it in the packet. I'm assuming they'll find out new address once they input the I-751 application info? I'm worried things will get messed up though. There are still a few documents (i.e. previous tax returns, car title) that have our old address. Do you think this will be a problem? I don't want to take the tax returns out, but I can probably omit the car title document. Advice would be greatly appreciated. Thank you,
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Trying to have spouse's aunt visit - how?
cguo7 replied to cguo7's topic in General Visa Discussion & First Steps
thanks for the input joanne. we're just going to hope all goes well. -
Trying to have spouse's aunt visit - how?
cguo7 replied to cguo7's topic in General Visa Discussion & First Steps
thank you warpedbored and Randy W!! -
Trying to have spouse's aunt visit - how?
cguo7 replied to cguo7's topic in General Visa Discussion & First Steps
thanks for your input. do you know anyone who has done this? and did they need to stay with a tour group the entire time? -
Hi there, it's been awhile since I've been on this site, it's changed and I like the new format. Everything is brighter and easier to see. my husband (Chinese citizen) wants to invite his aunt, along with his mother to the US to visit us. I have been told that the aunt may have to file a visitor's visa on her own but may not be able to stay with us once she gets here since she needs to register with a tour group. I'm not sure how much of this is true. can someone point me in the right direction? I've looked a bit on this website but didn't see anything that pertained to my topic. Thank you.
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thank you all for your help.