howaboutasuit
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Posts posted by howaboutasuit
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So no one has ever heard of ANYONE being issued a visa after receiving a blue slip for CCP membership?
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How can I obtain more information regarding the SAO (Security Advisory Opinion) process? Specifically, how can a visa applicant ascertain his position (i.e. wait time)?
For clarification I provide a quick example: my fiancee's K1 application is currently undergoing the SAO procedure due to her involvement in the Chinese Communist Party. While the visa officer who interviewed her gave assurances that the additional processing would take 30 days, we have received no information on her visa's status in many, many months. Without information regarding this visa's status, we are unable to make an informed decision as to whether we should rescind our current visa application and apply for a different type of visa (like a K3), or continue to wait.
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I was in the Guangzhou Consulate last week; I showed up at 10 AM. An employee there also told me that Guangzhou Consulate will not notarize I-134's, nor will they notarize tax returns.
They just said sign the I-134 and give them a copy of the taxes and that's fine.
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I posted this on the GUZ speaks, but I'd also like member imput.
How does the US Consulate in Guangzhou obtain information on which visa applicants are members of the Chinese Communist party, beyond simply requesting that the applicants disclose this information?
It probably happens during the namecheck, but HOW does it happen?
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Hello,
How does the US Consulate in Guangzhou obtain information on which visa applicants are members of the Chinese Communist party, beyond simply requesting that the applicants disclose this information?
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A lot of Chinese will look down on a Chinese girl who marries a Laowai and runs off to the US. It can possibly be construed as a major loss of face, almost a sort of prostitution. That's because typically no Chinese man and few Chinese women would ever understand why a Chinese girl would pick a foreigner other than for his money and the chance to leave China.
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beyond the affidavit of support you have only 2 other options:
1) prove that your own current funds meet the public charge provisions
do you have a lot of assets or real estate that could meet the charge? The charge is a lot I think... something like $125,000 if your girlfriend doesn't have a job
2) prearranged employment
Maybe you could work something out with a friend and he could send a notarized letter of employment on letterhead stationary (see optional form 167). There are a bunch of things that need to be written in the letter, for example, an explanation of skills which qualify you for the position. AND THAT IS A GREAT LOOPHOLE. You see, if your friend says that you are qualified because of a certain skill that you both know you don't have, then that statement is worthless when you come to the states. Thus, he won't have to worry about you suing him for breach of contract.
Or just forge the whole thing. How could they possibly know?
Or, worst case scenario, actually look around and see if it's actually possible to get a prearranged employment.
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Emailing GUZ has been working out for me lately, they typically answer my questions in less than 24 hours.
But I'm afraid to ask the one question that I REALLY want to ask them-- how can my SO prove that her CCP membership is involuntary?
I am concerned that it would set off unnecessary red-flags. Does anyone agree?
On the other hand, I am running out of options. There are no documents online discussing this question, no one on this site truly knows(I've baffled you all!), and not a single immigration lawyer that I have contacted will help me (because I am already past P3). Any suggestions?
But in any case, CONGRATS to the EVERYONE on the P4 TRAIN!
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Dear GUZ,
According 9 FAM 40.34, a fiance(e) seeking a K-1 visa would not be barred from receiving the visa if membership in the Communist Party is involuntary. For a number of visa applicants, participation in the Communist Party is required for employment.
My question is, what evidence, if any, is necessary to prove that membership is truly involuntary? It appears that it may be difficult for us to substantiate-- being a party member is one of those uncodified rules for the job.
It seems that this issue of producing the proper evidence to waive ineligibility is not covered in the FAM.
Thank you for your assistance.
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I'm so sorry for polluting these forums with talk of Communism. I should probably just learn how stop worrying and love the CCP...
But maybe I should have her quit. I say this because it's the number one suggestion on this site. The problem is I just cannot understand why! US immigration law is pretty clear with its rule that the applicant needs to have left the Communist Party for at least 2 years in order to make it a non-issue.
But, in practice, does it make a difference?
Do those who quit the party just months before the interview have any better of a chance than those who don't?
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So you are just going to provide a single letter? That you yourselves have written, or from her boss?
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True enough. So following your advice I ought to prepare a waiver only in that case that my SO gets the blue-slip.
But this begs the question: What facts should one present? How can it be undeniably proven that one joined the CCP to gain employment and advance in the workplace?
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What's up with ILuvmyLi's case?! Name check for 169 days... That does not seem similar to anyone else's case.
It appears that name checks are completed within a month or so of an acknowledged P3.
ILuvmyLi: When did GUZ receive your p3? It couldn't have been January...
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Why would you avoid the waiver if at all possible? Wouldn't it just minimize risk and save time by getting it taken care of in advance?
(We are currently in between the P3 and the P4).
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My SO is in the CCP, and I think it's best that we just admit it to GUZ and persuade them to let us pass. Presumably, we'll argue under the theory that she joined the Party for employment/economic purposes...
1. Does anyone know of any resources I could read up on to help guide me through the Waiver of Ineligibility process?
2. Also, any ideas on what evidence we should produce?
3. Does anyone suppose that it would be wise to contact GUZ in advance and let them know the situation?
Thank you all
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There are a number of links discussing Communist Party Issues
The following is something I researched and shows the exception to the rule. When writing a letter to take to the interview to explain membership you should be careful not to go overboard on the explanation, but to explain why you joined the party in a simple manner so that it easily falls into the exception without question.
Now there is no guarantee that this will be viewed as meeting the exception, but if the question comes up it would be best to be prepared with a statement in writing so there is no misunderstanding.
There is an exception if membership was required for employment and such, but normally it would seem the presentation of this information is easiest handled at the interview, but we you are past that now. Below is some information that should be helpful. Not sure what the process demands you do to get this handled.http://straylight.law.cornell.edu/uscode/h...82----000-.html
INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY?0?2
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Sec. 212. [8 U.S.C. 1182]
?0?2
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(3) Security and related grounds.-
(D) Immigrant membership in totalitarian party.-
?0?2
(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.
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(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.
Excellent link... So the applicant is legally granted an opportunity during the interview to persuade the VO.
Or, just to be nasty, does the consular officer referred to actually designate someone other than the VO?
And as a side question, assuming the applicant presents legitimate evidence proving that she meets an exception, but is rejected anyway, will the VO have to show why said evidence is insubstantial?
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US federal law prohibits Communist fiancees from immigrating into the US. It's a mystery to me as to why this rule still exists, but for now we still have to deal with it.
After sifting through the hundreds of posts on this site regarding CCP membership, Communist applicants appear to have 4 recommended options, none of which are risk free:
1) Lie
2) Quit the Communist Party prior to visa interview
3) Admit membership only when asked
4) Admit membership in advance by initiating "waiver of ineligibility" process
Taking a closer look...
1) Lying, at least to me, seems crazy. Sure, on its face it seems to be the safest and most hassle free method. After all, busy VO's would not only have to suspect you of lying, but would also have to go through the trouble of looking you up in CCP records. However, once busted, you will never, ever, enter the US-- which might put a little strain on the romance.
2) Quitting the Party before the interview is the most widely recommended option on this site, and many other Chinese-language sites as well. But really, what's the point? There's no legal advantage unless it's been at least 2 (or 5) years; and besides, the GNI-2 will ask for the applicant's participation in all political organizations since the age of 16 anyway. Would it not merely kill your argument for a waiver of ineligibility if the US requests it?
3) Statistically, most CCP members are never confronted about the issue during the interview, obtaining visas trouble-free. But we can't actually know what the statistics are; we can only read short, unverified, anecdotes on forums like these. In any case, applicants certainly do still get confronted about the CCP, and tragedies inevitably result. We've seen applicants posting on this site who have been delayed for months on end, still without the slightest hint of future relief. Yet even so, the great majority of CCP applicants will do absolutely nothing prior to the interview, because the odds, whatever they are, are on their side.
4) I just discovered this method yesterday, when reading through a post from here... sorry I can't find the link yet... The petitioner attempted to hedge his risk by filing a waiver of ineligibility in advance of the interview. Unfortunately (but fortunately for him and his SO), the waiver process never initiated and the VO passed the applicant none the wiser. Thus, I have still no idea what this strategy actually entails.
For those of you unfamiliar with the waiver of ineligibility, I guess it is a legal method usually used to illustrate that the CCP applicant joined the party for employment/economic purposes only (which is grounds for the US to ignore CCP participation). Therefore it probably applies to every single Communist in modern China. In other words, it's the big loophole.
This question is, does it work? Going through this action could possibly set off big, red flags to the VO when in all likelihood the issue would otherwise be simply ignored. And the real question, any idea how long the waiver takes to obtain?
I welcome everyone's thoughts. This is only my second day on the site and I gotta say this online community here looks fantastic-- and super supportive. So, thanks.
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I am sorry to rub salt in an open wound but... looking back, what do you think you should have done to prevent that original blue slip that has caused all of this trouble?
My fiancee is also in the CCP (she just joined last year in hopes of a promotion at work, but now we're kicking ourselves), and our interview is a few months away... I've read hundreds of posts on this site about what to do, but there seems to be no sure path to a visa.
Good luck, and jia you, I think we're right behind you.
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It is my understanding that if the petitioner does not have the financial resources to support the visa applicant, the petitioner may enlist family members to produce a second, or even a third I-134 in support of the foreign applicant.
With that, two quickies:
1) Is there any procedure for this action? Or does the joint sponsor, like the petitioner, simply send the I-134 and supporting documents to the foreign applicant, later to be brought to the interview in Guangzhou?
2) How does one prove the relationship between the petitioner and joint sponsor? Is such proof even necessary?
Thanks! and Thanks for all of your help on this site!
Figuring out how to manage "Additional Processing"
in General Visa Discussion & First Steps
Posted
This morning I called DOS and they said that, as of Nov 17, DHS has found "no objection" to my fiancee's involvement in the CCP. That was all that the DOS "visa specialist" could tell me.
Does anyone know what that means? Is my case sent back to Guangzhou for further proccessing? Is the hard part over?