Best course of action

[Steve and Qingqing]

Ok, so My SO and I have debated over this question for awhile now hoping that someone else would shed some light on the matter and a few of you have but not good reponses to the problem at hand.. Ive read pretty much all the posts regarding this and still havent decided on the best thing to do.....The problem is is that my SO is still a member of the communist party ( but plans on quitting before the interview) She doesnt believe in their ideals and ONLY joined because she was told by older classmates that that was the best thing to do if she wanted a good paying job and fast.. Well, they were right in that she found work quickly and it pays not bad.. We know about the exemptions clause and that even though it was voluntary but for employment reasons, she should qualify for the waiver...My question to you all is, should we email GUZ and let them know ahead of time so maybe we can file the waiver now and avoid any delays for the visa or should we wait and take our chances then at the interview?...We both believe we should be honest so thats not a problem... Would GUZ allow you to file for the waiver before your interview or is that just a waste of time emailing them and explaining all this? We dont want a 1-2 month delay if possible like someone else here might be facing... My SO has only had this job less than a year but to quit the party now would bring notice to her employer and possibly get her fired and they are providing her with her apartment as well... so we both agree its best to wait till as long as possible to let work know shes leaving for good... any advice?

[warpedbored]

I don't know how my wife handled this issue. She did her P-3 and P-4 paperwork herself. I don't even know if she has ever been a member of the communist party. He parents probably were since her father was a prosecutor and her mother a police woman. I have heard that if it was a requirement for employment it can qualify for a waiver. One question that comes to mind though is how would the USCIS know if they were a member or not if you didn't tell them. Does China divulge that information to the US? Somehow I seriously doubt it. I do agree though that one should never ever lie to the USCIS. Any false information could come back to haunt you even years later.

[Steve and Qingqing]

We discussed that as well... How would they know unless you tell them. But the question still remains, do you keep quiet and let the dice roll and see if its in your favor like a few lucky ones, or do you say something ahead of the interview in hopes that you can avoid any delays... or blue slips....

[audelair]

i'm interested in this too, since my SO used to be in the Communist party but hasn't been paying (and thus, probably is no longer a member). I hadn't really thought about this yet... doh!

[tywy_99]

We discussed that as well... How would they know unless you tell them. But the question still remains, do you keep quiet and let the dice roll and see if its in your favor like a few lucky ones, or do you say something ahead of the interview in hopes that  you can avoid any delays... or blue slips....

Those are the two "philosophies" pertaining to this subject, to tell or not to tell and it's been debated here before.

I haven't heard of anyone being denied a visa based soley on party membership. I think DOS looks more at the type of job one has and how "sensitive" in nature it is to the U.S., especially ones involved with the party.

[Guest fhtb]

Ok, so My SO and I have debated over this question for awhile now hoping that someone else would shed some light on the matter and a few of you have but not good reponses to the problem at hand.. Ive read pretty much all the posts regarding this and still havent decided on the best thing to do.....The problem is is that my SO is still a member of the communist party ( but plans on quitting before the interview) She doesnt believe in their ideals and ONLY joined because she was told by older classmates that that was the best thing to do if she wanted a good paying job and fast.. Well, they were right in that she found work quickly and it pays not bad.. We know about the exemptions clause and that even though it was voluntary but for employment reasons, she should qualify for the waiver...My question to you all is, should we email GUZ and let them know ahead of time so maybe we can file the waiver now and avoid any delays for the visa or should we wait and take our chances then at the interview?...We both believe we should be honest so thats not a problem... Would GUZ allow you to file for the waiver before your interview or is that just a waste of time emailing them and explaining all this? We dont want a 1-2 month delay if possible like someone else here might be facing... My SO has only had this job less than a year but to quit the party now would bring notice to her employer and possibly get her fired and they are providing her with her apartment as well... so we both agree its best to wait till as long as possible to let work know shes leaving for good...  any advice?

 

I posted a lot on this topic previously, perhaps someone else can dig up the thread. Or, perhaps you've already read it.

 

My then-fiance was a CP member and I emailed Guangzhou after we got the P4 and they suggested getting an early waiver. We requested the waiver application forms in two different ways, but they either never sent them or they got lost in the mail. I flew to China for her interview, mentally prepared for a blue slip. When we got to the consulate she asked about the waiver in the morning (when she signed the GNI-2), and they said it wasn't necessary. At the interview, the subject of CP membership was never even brought up. She got the VISA, got into the US, and we are now married, working on the AOS.

 

At the least, being open about it did not hurt us. I have no idea if it helped or not.

 

I WOULD STRONGLY ADVISE YOU NOT TO HAVE YOUR SO QUIT THE PARTY for several reasons:

 

#1. If she quits the party and loses her job, that will hurt, right? For all you know, there will be some other delay in getting the VISA. It's better to rock the boat as little as possible.

 

#2. If she quits the party but DOES NOT lose her job, that is even worse! It would illustrate that she did not in fact need to be a party member for her job. Then she loses the justification for the waiver!

 

#3. If your SO's work controls her hoo-koo, and they get mad, you may have trouble getting the birth certificate and the police certificate.

 

For the reviewers, it sure would be nice if you had a "special topics" forum and pinned threads like this. We worried a lot about this issue. We can still barely believe we are through it.

 

Of course, there is still the AOS...

[Steve and Qingqing]

Not sure If I agree with your reasons for staying a Party Member.. First of all, By not quitting I would think that sends a signal that you approve of the Party since you know that its not excepted in the USA by the fact that its still a question on 2 forms.. One being the AOS form you later fill out. Unless of course you play dumb.... Second, if you quit and she keeps her job just shows that her employer now values her skills and doesnt want to loose her.. Doesnt really prove that being a member wasnt needed to get the job in the first place..She already has her birth certificates and police records but her work does control her housing and we dont want her loosing her job anytime soon and that might be something to consider as an after effect if they dont approve or ask questions and arent understanding. IM hoping that like your SO, she can get through the interview with no problem and if we have to face this again on the next set of papers (AOS) then at least shes in the USA now and were married..Right now Im thinking its best to just wait and NOT ask GUZ what they think and just see how it go's during the interview... besides theres still a good 75% chance that they've already predetermined if she gets the visa with no problems or not from what we all think...being that they make up their minds ahead of time.... Id like to know what others think about quitting the party or not ?....what would you do?

[pkfops]

I don't know how my wife handled this issue. She did her P-3 and P-4 paperwork herself. I don't even know if she has ever been a member of the communist party.  He parents probably were since her father was a prosecutor and her mother a police woman.  I have heard that if it was a requirement for employment it can qualify for a waiver.  One question that comes to mind though is how would the USCIS know if they were a member or not if you didn't tell them.  Does China divulge that information to the US?  Somehow I seriously doubt it.  I do agree though that one should never ever lie to the USCIS.  Any false information could come back to haunt you even years later.

Any false information can get you deported.

[tenfootalbino]

My wife was a memaber since college. Her membership did help obtain her job as an English Teacher at a pretty high level school. When we first started doing this process we got all her paperwork(birth cert, police record, etc.) then she quit. He father is also a member and said he thought it would be best. If they ask her are you a party member she can so no confidently. I wouldn't offer-up the fact that she was unless she is asked that specifically.

 

Her job was very understanding actually. She works for a school that has many govt. officials children attending. They asked why she wanted to quit and she said "My husband is American and..." they said no reason to explain any more. We understand you will be going to the US. The next week they did the paperwork and that was it. She told them she would not be back next year to teach and that was the end of the conversation.

 

My personal feeling it is better that she quit. She has a honest answer to the question "Are you a member of the party?"

 

Matt

[david_dawei]

I thought the best thing to do is to quit the job first... say family reasons if needed and don't mention anything to employer about visa.

 

Take care of what you have to do in terms of paperwork..

 

Then quit the party...

[LeeFisher3]

You should read the exception to being a member of the party, it's quoted at the bottom of this page with references:

 

http://candleforlove.com/forums/index....1&t=10793&st=30

 

The decission to quit the job and party is strictly up to to the two of you. Personally I would think a letter explaining the reason for membership in the party be prepared and ready to present to the VO, specifically stating membership was so she could get the job and be able to provide for herself. This clearly falls in the exception category. You might want to look at the text of the exception and acutally use part of the text as your official statement for the VO.

 

The other reason not to quit the job is that P3 specifically states you should not quit your job before the interview and this could be addressed in the same letter for the reason for not leaving the job.

 

This question will also come up at the AOS stage and I doubt that resigning from the party would help one way or the other as she was a member at one time, the exception for the exact reasons you stated is the key. IMHO

 

Big trick is to get the VO to accept the statement and the issue dies right there and becomes a non-issue and asking for a waiver is another way of saying we don't qualify for the exception.

 

I wish you good luck in whatever path you choose.

[LeeFisher3]

AMEN

 

It seems that if you have something reasonable prepared for the VO on any disqualifying question they could ask it appears to be accepted, because it gives them an excuse not to make a mindless decision.

[kfman]

Although my wife has never been a member of that party, the question that comes to my mind is:

 

What difference does it make? Unless you are actively involved in the overthrow of the US Government, it doesnt really matter. We have communist party members right here in the USA. There are even communist party members that run for offices. One famous communist party member in America is the high profile civil rights defense attorney Ron Kuby, who is extremely vocal on his positions, is active in his party, yet that means really nothing. This is America, land of the free home of the brave. Unless she has been arrested for protesting the USA, damaging US property (ie embassy during a protest) or something like that, I dont see why that would be an issue

 

But then again, my wife isnt a member, so I dont really know.

 

[LeeFisher3]

This is America, since when do the rules need to make sense. As with everything else involved in this process we can only work with what they give us and try to stack the deck in our favor.

 

I'd love to see some of the outdated policies removed, but then again I think we should just normalize relations with Cuba because what we've done for 40 years isn't working.

[Yuanyang]

Now I'm really glad that my SO was too lazy to attend the meetings, that's the only reason she never joined CCP.