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Hello again. I last posted in June 2016 after going to China and being denied IV on I-601a at the interview. My wife remains in China while I am in US. Good news is 3 weeks ago we got I-601 approved. My lawyer says a second interview is not required but she has been wrong before. such as the 601a denial. We went to GUZ May5, 2016 for the original interview. approval of new 601 was 6/29/2017. that is more than one year. From what I read, on FB and Candle, a new interview is needed. Is that true? And #2 question: can I set up the date or must I wait for US Consulate to assign date? Furthermore I expect if an Interview is required then I also need: Medical, Police report, Biometrics, Photos. Affidavit of Support and also what? all supporting documents from first interview? My wife is nervous, ( like an alligator in a belt factory) to face another interview, after the dreaded denial last year. I say, our case has been 'adjudicated' approved and inadmissibility Waived, there is nothing to worry about. Background info: there was unlawful presence and entry. the I-601a apparently covered "unlawful presence" but not entry. it was a single entry by 'wave through' in 2003. It should have been included. That is in the past for us, however others may be helped to know it. the I-601A, must clearly address everything. My previous story, post, is: " Visa denied at interview with 601a" I can tell others that I-601 approvals now take 1 year, it used to be 4-6 months, but they slowed way down. also "expedited processing" is a no go. they get so many requests that they do not even bother to say No. just assume you did not get it. it appears that only very extreme medical issues will get it. in Sum my questions are interview required? can I set-up interview? medical? will I need whole file & docs, again? Is adjudication on I-601 final or are we at risk? Any idea if I-601 follows same typical timeline to complete? thank you so much. This is a wonderful site and service, it is a blessing to us lost souls. God bless Carl. Tom

Hello, Everyone I am a new member to this form. My wife's F2A visa recently was declined due to her CCP membership. We've provided a written statement for an exception under INA 212(a)(3)(D)(ii), for involuntary past or present membership after her visa interview, but the case was still denied after 1 year's AP and waiting. So now I must apply for a waiver under INA 212(a)(3)(D)(iv) and submit I-601 form. I am looking for guidance to prepare statements and proof to support the waiver I-601. Any advice will be helpful! Thanks in advance! Mike

We had a disaster in Guangzhou. our visa was denied by Consular Officer. My wife was in the US for 13 yrs, we are married 6. with attorney help we filed 601a and I did previous i130, 864 and DS 260. all approved. Lawyer said no problem, we always get visa, only a couple of relationship questions. we were ambushed by CO, not a nice guy. he was aggressive in questions, zeroing in on entry to US issues. My wife was nervous and intimidated. Slammed -denied without any written or verbal explanation. no name of CO, no supervisor review. She is now stranded in China, me back in US alone. I'm dying w/o her. Warning DO NOT leave US for consular interview. be 110% certain. get second legal opinions. this is clearly my lawyers fault. the interview prep mentioned none of these possibilities. I would give up the green card we don't have to get her back. The GC is not necessary to be comfortable in US, especially if older. there are many incompetent lawyers, many turn over work to ignorant paralegals. I hope and expect to get 601 prepared & approved, but I got to figure out exactly where the wheels came off this time. I read the processing times run 9 months. consider your risks. they will deny very easily, w/o compassion or legal representation. tom

My wife receive the P4 today ( nov 18 ) by snail mail. when she opened it.. the interview date was for Nov 17. i'm so piss right now.. i am a lost for words.

Tran versus Napolitano I was in Guangzhou last week, I got a call from Brent Renison. My cell phone said 4 a.m. It was actually 5 a.m. He said, "Marc, I'm filing a class-action on K1's", I said, "It's 4 in the morning,". Then I asked, "Which consulate?" He said, "Ho Chi Minh City," After we talked a bit, I went back to sleep thinking, "That's a really nice way to start out any morning." The last class action Brent Renison filed - he won. It got rid of the Widow Penalty for widowed spouses of US Citizens. I've written a lot about the problem of K1 returns by consulates, expirations & reviews. Brent told me he'd read what I wrote on INFONET. Brent is seeking review rather than expiration, but he wants it within 30 days. There is another serious problem I hope can be raised in the litigation. That's the issue of automated misrepresentation findings. I saw Guangzhou handing out I-601's to mystified beneficiaries every day on that issue. It's erroneously telling petitioners that the misrepresentation findings were made by USCIS, during K1 NOID's. No they weren't. They were made by DOS. Petitioners don't know exactly what was misrepresented. Beneficiaries don't know what was misrepresented. Conoffs don't even know what agency made the findings. Yet, US Citizen petitioners are being told their spouses are inadmissible for life every day. And nobody can say exactly why. I know why. And it's DOS that needs to clean up its act on this issue. It is causing serious damage to US Citizens. But Brent's lawsuit EXTREMELY IMPORTANT NEWS for any US Citizen petitioners who have had K1's refused at any consulate. Stay tuned.

Well, Yesterday my wife's parents went in for their visa interview and were immediate told since her father was a member of the ccp they have 3 months to send in some more info, i do not have the info they require since they are still traveling back to northeast china. can anyone fill me in on what he needs to do, the only reason he is a member is because he previously worked for the immigration department in china, which falls in to the military category, and he retired about 10 years ago. the reason he is still part of the ccp is because as of this year he turns 55 and can finally get his retirement and felt it was required until he actually received his retirement. is this a serious problem or what, can they do the paperwork required or should they have a lawyer fill it out. any info or help would be greatly appreciated mark s

Well after almost 2 years of fighting my wife can finally come home. We've been waiting for this moment for a while now. After the i-601 and sending two books of hardship to the consulate she has recieved visa approval and has visited the guanzhou consulate twice to drop off her passport and recieved a document indicating her visa is appoved and to come thursday to pick it up.

My fiancee and I are in the fraud/misrepresentation on a previous K-1 application trap, and it appears that we do not face a happy outcome to the I-601 waiver application that we filed in March, 2008. Does anyone know of a good attorney in GZ or Shenzhen that might be able to help us? We should have done this in March when her visa was denied, but I guess hindsight is always 20-20. It is hard to know what to do when obstacles are encountered in this process. Thanks for any suggestions, and good luck to everyone.

My fiancee had her interview in March, 2008. Everything was going well, the VO said she would approve and then noticed something on the file indicating that she is inadmissible due to misrepresentation on her previous K1 application from 5 years ago. The circumstances around that application were 1)Consulate approved the application, but visas were not being issued due to 9/11-related processing changes. 2)Due to long delay in issuing visa, petitioner eventually gave up and withdrew the petition. The misrepresentation allegation found its way to her file after the petition was withdrawn. We were told at the interview that our only recourse was to file a I-601 Waiver application, which we did on 3/18 - still in Administrative Processing. We have never found out the exact nature of the alleged misrepresentation, but it seems from reading some other posts that this can occur due to a snag in the way the petition was withdrawn, and probably there was really not any intentional misrepresentation, which is what I have thought all along. Does anyone have any experience with this situation, and can you suggest any action that can be taken other than wasting more of our lives waiting for DHS to process the I601?

My wife can't adjust her status though me in the United States. She has to leave and file the I-601 waiver. Unfortunatley, from what I heard the guanzhou consulant is not forgiving. Anybody have any experience in this field....

Interview was Jan 2006. Had to pull FAM regulations to justify I-601 waiver after 4 month delay on my own and dodged expensive lawyers. I-601 waiver was granted Nov 2006 and consulate notified. Consulate contacted by myself and 2 senators offices. Response made to me today, Nov 29, 2006, was her case is waiting in line for review? I believe regulations state that visas are to be processed as rapidly as possible. Given current delays, time line as stated and trying to avoid issues resulting from the delays.... What course of action is required to get this completed and bring her home? I want my fiance here before Christmas. I hope this provides sufficient preface with my current status.... the visa is ready to be completed and needs to be done so promptly. Who do I call? What regs do I pull? What do I do to get this expedited? Drew

I have not been on this forum for almost 9 months. I ran into a snag last January and was led to believe we would never be together. I researched, found the regulations, dodged every high dollar route involving attorneys by doing myself, and... succeeded in clearing the path thru the I-601 waiver process that was just granted according to a letter she received dated Nov 22, 2006 My question now is what should I expect? I have 2 senators offices involved from 2 different states (I moved during the process of this). I believe she should be contacted directly by the consulate itself to send them her passport? Is this accurate? Does anyone know? I requested senators offices to contact Guangzhou and find out next step. My personal feeling is by Christmas she will have the Visa. Any feedback regarding this is appreciated. Drew

------------- Government: Classes of Aliens Ineligible to Receive Visas Ineligibility 9FAM Visas 9FAM Visa 9FAM 40:34 Notes (Refusal Categories) 9FAM 40:34 Notes 9FAM 40:34 Procedure Notes (Refusal Categories) 9FAM 40:34 Procedure Notes US Consulate, waiver instructions http://dhaka.usembassy.gov/immigrant_visas...structions.html I-601 Form: http://uscis.gov/graphics/formsfee/forms/i-6.htm Non-Government: Visa Journey I-601 Forum Visa Journey Forum I-601 Help: VisaPro Website 601 Forum: Immigrate2US Forum CFL: Waiver update, I-601 (for visa overstay) http://candleforlove.com/forums/index.php?showtopic=11692 Anyone familiar with resubmission of CPC Statement http://candleforlove.com/forums/index.php?showtopic=17408 For those in the CCP-- Managing Risk, CCP--what is the least risky strategy? http://candleforlove.com/forums/index.php?...18592&hl=waiver Waiver for Ineligibility for CCP members: http://candleforlove.com/forums/index.php?showtopic=18869 --------- [Excerpts only, see applicable sections for full text:] 9FAM 40:34 Notes: An immigrant visa applicant 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 under INA 212(a)(3)(D) unless qualifying for one of the exceptions described in 9 FAM 40.34 N4 through 9 FAM 40.34 N6 below. Membership or affiliation is a question of fact for the consular officer to determine. All sources of information should be utilized in making this judgment (see 9 FAM 40.34 N3.3-2 below). Where there are discrepancies between the record and the alien's statements, every effort should be made to resolve the factual issues locally. Any questions that cannot be adjudicated at post regarding the alien's association should be submitted for the Department's advisory opinion. INA 212(a)(3)(D)(ii) provides that a membership or affiliation that would otherwise render an alien ineligible under INA 212(a)(3)(D) will not do so if the membership or affiliation is or was: (1) Involuntary (see 9 FAM 40.34 N6.1 below); (2) Solely when the alien was under 16 years of age (see 9 FAM 40.34 N6.2 below); (3) Solely by operation of law (see 9 FAM 40.34 N6.3 below); or (4) Solely for the purpose of obtaining employment, food rations, or other essentials of living (see 9 FAM 40.34 N6.4 below). In determining possible ineligibility, the CO will: 1) First establish whether the immigrant alien was a member or affiliate [of CCP] 2) If such association is found, the question of whether the 2 or 5 years have passed since the membership has terminated will be examined 3) If the membership continued beyond the year exclusions, it will be necessary to consider whether the association may have been non-meaningful or non-voluntary or whether the alien is entitled to seek an individual waiver. INA 222(a) requires immigrant visa applicants to respond to questions on the visa application: (1) Applicant's full and true name, any other name which he or she has used or by which he or she has been known; (2) Age and sex; (3) Date and place of birth; and (4) Additional information necessary to identify the applicant (e.g., organizational memberships). If an applicant fails to do so, the consular officer should ask him or her those questions. If an alien admits a past membership or affiliation but asserts credibly that the membership or affiliation was terminated two (or in some cases, five) or more years ago, the consular officer should accept the assertion at face value. The consular officer should reject the alien's assertion only if the officer has controverting evidence or has another articulable reason for doing so. The burden is on the alien to establish that the association was involuntary. The alien's credibility is enhanced if membership or affiliation is or was nominal and without active participation in the affairs of the proscribed organization, other than periodic payment of dues and/or attendance at required meetings of the organization. The Department's security advisory opinion (see section 9 FAM 40.34 PN1) is required prior to visa issuance in any past membership case in which the: (1) Consular officer has information indicating that the claimed termination of membership did not, in fact, occur; (2) Consular officer has reason to believe the alien may be a threat to the security of the United States; or (3) Alien elects to "plead in the alternative" as described in 9 FAM 40.34 N4.3 above. All other cases involving relief under INA 212(a)(3)(D )(iii) may be adjudicated by the consular officer without reference to the Department. A finding of ineligibility under INA 212(a)(3)(D ) may be based upon evidence available through: (1) The visa application; (2) The applicant's statements; (3) The result of name checks or the Department's security advisory opinion (when applicable); and (4) A check of post files, CLASS, or Independent Name Check (INC), or any other outside information available. An immigrant alien who is ineligible for a visa under INA 212(a)(3)(D ) may seek a waiver of ineligibility from the Department of Homeland Security (DHS) under INA 212(a)(3)(D )(iv) if he or she is the parent, spouse, son, daughter, brother, or sister of a U.S. citizen, or the spouse, son, or daughter of a lawful permanent resident. A waiver of ineligibility may not be granted to an alien who is a threat to the security of the United States. 9FAM 40:34 Procedure Notes: Consular officers shall submit INA 212(a)(3)(D )(ii) waiver requests on Form I-601, Application for Waiver of Ground of Excludability making whatever adaptations are necessary; e.g., typing "INA 212(a)(3)(D )(iv)" in the space asking for the ground of ineligibility. Form I-601 should be sent directly to the office of the Department Homeland Security (DHS) having jurisdiction over the consular post. The consular officer shall interview the alien to establish that the finding of ineligibility is fully in accord with law and regulations and that the qualifying relationship exists. He or she should assist the alien in completing Form I-601, Application for Waiver of Ground of Excludability and in ensuring that the form contains complete and accurate information. The consular officer shall make every effort to process Form I-601 at the time of the formal denial of the visa. The consular officer shall forward the completed Form I-601, Application for Waiver of Ground of Excludability, and the prescribed fee (see instructions on form) to the appropriate DHS office together with the following attachments: (1) The complete visa file including the applicant's Form I-130, Petition for Alien Relative, if any, or other evidence that the alien has a qualifying relationship with a U.S. citizen or permanent resident alien; (2) A memorandum from the consular officer summarizing the information developed from the visa interview pertinent to the alien's ineligibility and qualifications for a waiver; and (3) A statement from the alien giving the name of the Communist or other totalitarian party to which he or she belongs or belonged, the reasons for joining, the dates of membership, any offices held, why he or she remained a member and the degree to which he or she accepted the structure, goals, methods, and practices of the party, and, if he or she terminated the association, the date of termination and reasons for terminating. b. The consular officer shall inform the applicant of the disposition of the waiver request, the date on which Form I-601, was mailed to DHS, and the DHS office's address. The consular officer shall instruct the applicant to address any further inquiries directly to the designated DHS office. When a waiver is granted under INA 212(a)(3)(D )(iv), DHS will so notify the consular post. The post shall attach the notification to Form DS-230, Application for Immigrant Visa and Alien Registration, and note DHS's waiver approval on Item 35 of Form DS-230. The post shall also note "212(a)(3)(D )(iv)" in the block provided for specifying waiver action on Form OF-155B, Immigrant Visa and Alien Registration. The authority exercised by DHS under INA 212(a)(3)(D )(iv) is discretionary. In cases in which an eligible principal alien decides to precede an ineligible family member to the United States, the consular officer shall ask the principal alien to sign a statement that he or she has been informed that the exercise of DHS's discretionary authority cannot be guaranteed. (See 9 FAM 42.68 Regs/Statutes and 9 FAM 42.68 Notes.) Consular officers must not take the initiative in suggesting the separation of a family in order to place the ineligible alien in a position to apply for a waiver of his or her ineligibility.

Is anyone familiar with resubmitting a statement requested by the visa officer regarding CCP involvement? The letter she wrote was "Non-advised by outside legal assistance". Also, anyone familiar with the waiver petition process? They sent a very confusing letter stating that she was "Permanently Ineligible" for involvement with the CPC which she admitted too during her interview. I understand the laws state that she can submit a waiver peitition request. Do I need to go ahead and do this? My understanding was that according to the laws, they were supposed to assist her with filling out an I-601 form. No such form exists in any of the documents she has. Having a real problem here. Thank you