SO Background check

[lynne]

Well in this case I am sure he is a member and he has taken part in party meetings. He told me he was required to be a member several years ago because of his job. I am sure many government jobs these days don't require membership, and I did know people who worked for the government who weren't members. At least a while back some jobs did require it. While I was in living in China met several other people in this same situation.

[Guest fhtb]

My understanding of the process (and I could be totally wrong) is this:

 

1. Your SO fills out the GNI-2 in Packet 4, which asks if your SO is a member of a "totalitarian party."

 

2. Your SO should say "yes. I am a commie" (this is what Guangzhou told me when I asked)

 

3. Your SO provides evidence that he/she needs to be a commie for his/her job

 

4. The CO is convinced, and has your SO fill out form I-601:

 

http://uscis.gov/graphics/formsfee/forms/i-601.htm

http://uscis.gov/graphics/formsfee/forms/f...files/i-601.pdf

 

6. The CO fills out the OF-221 form, which I found on the web

 

http://foia.state.gov/masterdocs/09fam/0940301X1.pdf

 

7. This form goes to the States, is processed by somebody, and comes back. If approved and everything is cool, your SO gets the VISA.

 

==============================================

 

My guess is that the entire waiver process takes about two weeks, based on someone else long ago at CFL who had to go through it. His wife was getting the "it's been a really long time" waiver. He was delayed a couple of weeks in getting the VISA.

 

Guangzhou told me that it is possible to get the waiver process started early. However, your SO must make an extra trip to Guangzhou in person, and they will not promise you that it can be done in time to get the waiver before the interview.

 

Here is an interesting link. It is a memo to the consulate workers telling them how to handle Section 212(a) ineligibility exceptions.

 

http://travel.state.gov/visa/laws/telegram...grams_1437.html

 

The following quote applies to us, since we are going for a K1. I don't know if the process is different for a K3. The email I got from Guangzhou was consistent with the procedure outlined below.

 

a. If it is determined that the K visa applicant is ineligible to receive a visa under INA 212(a) but that the ineligibility could be waived after (or as a result of the) marriage to the petitioner, the consular officer should assist the applicant in completing Form I-601, Application for Waiver of Grounds of Excludability, and submit simultaneously both the Form I-601 (with the required fee) and Form OF-221, Two-way Visa Action Request & Response, to the appropriate BCIS office abroad with the recommendation concerning the granting of an INA 212(d)(3)(A) waiver

 

You now know just about everything I know. However, I will know a lot more in about three weeks. I'll let people know what happens.

 

My guess is that we will not get the VISA at the interview, because they will search for and discover the slowest possible way to process the waiver. But I'm hoping I'll be pleasantly surprised.

 

- fhtb

[Guest fhtb]

Oh, one more thing: the other reason I believe a waiver is necessary is because a long time ago I asked a lawyer about this and she said "oh, ok, then we'll have to file a waiver." I'm sure she would have enjoyed charging me large sums of money for filling out a form that is basically a subset of your SO's G-325a.

 

My impression is that it doesn't take much to convince the consular officer to give you a waiver. The "evidence" I talk about in the previous post may not have to be very rigorous. I don't think you have to get a notarized job description that says "must be a commie" in it. In our case, we are bringing some pictures that show my SO doing stuff that, logically speaking, only a good commie would be allowed to do. We'll know in a couple of weeks if that is enough.

 

If there is anyone else who has gone through this process, please don't be shy! I seem to recall older members saying they skated through the interview with no problem (instant waiver), but at some point it seemed to tighten up a bit (like after 9/11). I remember being surprised when I heard the guy whose wife used to be a commie got held up. But she did get her VISA a couple of weeks later.

 

Maybe Don remembers better than I...?

[lynne]

fhtb , thank you so much for that post, it is really helpfull. I am going to send this information to my husband right away.

 

-Lynnette

[bubbafred10]

The anti-communism has dropped way down the US list of threats. The number one is terrorism. This is probably very surprising to many old farts here who still live in the 50's to 70's world politics.

 

I read somewhere in CFL or VJ posts, that the background check of spouses who are communist party member is very fast. I assume it's because the background check has been done. It's not easy to become a communist party member - the requirement is very stringent.

 

Another reason of faster processing is because US wants to have a count on how many of those communists want to move to US, i.e. "defect". Great for PR (public relation), etc. The only check to be made is whether the person has been involved or trained in intelligence activities. Even that would be a huge coup for US, especially to get someone who is currently active and US can get information on the what and where of China's government's intelligence activities. Old ones maybe worthless information, but may still get information on the gist of the new direction. But that is easy to do, basically it's directed to technology and scientific research, the backbone of the future - what else?

 

I think being a communist member has advantages and visa application will be processed much faster. After arriving in US, the communist party spouse may even find some new friends here, quickly, and may even get offer of a US government job.

 

My wife is not a communist party member, so I will not know if all I said is true. However I know a friend whose wife will bring some of her kins to US, and one of them is a retired district police manager and is communist party member. I have a bet with my friend that he will get visa sooner than the other kins. I will post here what happens.

 

Just my humble opinion,

Fred

[Yuanyang]

I'm worried!

My attorney's legal assistant claims that everything was sent on 4/6/05 and that their office has received a notice, but I have not received ANYTHING!!!!

 

Time to call the attorney?