visa and company secrets

[jean-charles]

Ok,

I am hitting a problem.

My SO in china does not work for the government however she works for a subcontractor of the government.

she checked with the government and as soon as she has the visa she can leave her work.

 

here is where the problem comes.

Because of "secrets" relating to her work. If she get a passport then her work holds it so what they apparently all do is just simply state that they work somewhere else. like john doe factory and they receive the passport. so that's what she did. and got her passport.

 

Now, we are filling up the G325A for visa K1 application.

What do we enter there as far as work?

 

like she did on her passport application?

 

If we put her real current job, ... will they contact her job? will this raise a flag and prevent or delay the visa?

what to enter? like the passport application or like the real stuff ?

 

If we enter the real stuff and they check against the passport issuance record, ... will they raise a flag and delay the process?

 

From her call to the government center in China, she is free to marry and free to leave China on a visa, .... we are just trying to avoid her getting fired from her job because she is asking for an American visa.

 

For the sake of the storry, immagine that she work in a factory that builds guidance systems for US weapons (to give you an idea). She does research.

[warpedbored]

I don't think they are all that concerned with where she works. I have never heard of them calling anyone's work place to verify it.

[jean-charles]

I don't think they are all that concerned with where she works.  I have never heard of them calling anyone's work place to verify it.

192504[/snapback]

do they cross reference the work where she works with the passport issuance record of the country?

 

When they do the name check during the process, against what do they check her name ?

[warpedbored]

I don't think they are all that concerned with where she works.  I have never heard of them calling anyone's work place to verify it.

192504[/snapback]

do they cross reference the work where she works with the passport issuance record of the country?

 

When they do the name check during the process, against what do they check her name ?

192505[/snapback]

Here is a link to the thread where GUZ anwers the question about contacting employers.

http://candleforlove.com/forums/index.php?...=0entry187948

 

The name check is checking your sweetheart's name against a known list of security threats. Since There are many people in China with the same name it sometimes gets bogged down while they check it out.

[jean-charles]

I don't think they are all that concerned with where she works.  I have never heard of them calling anyone's work place to verify it.

192504[/snapback]

do they cross reference the work where she works with the passport issuance record of the country?

 

When they do the name check during the process, against what do they check her name ?

192505[/snapback]

Here is a link to the thread where GUZ anwers the question about contacting employers.

http://candleforlove.com/forums/index.php?...=0entry187948

 

The name check is checking your sweetheart's name against a known list of security threats. Since There are many people in China with the same name it sometimes gets bogged down while they check it out.

192507[/snapback]

thanks though this is what I was looking for

 

 

 

the thread talks about sensitive area, what are they?

[warpedbored]

Frank would have to answer what he meant about that but I would presume it would be something like top secret military stuff. In any case you are still in the early stages of the process and I seriously doubt anyone would call her employer until at least the P-3 stage and I doubt they would then

[frank1538]

When I posed the question, I was thinking of those sensitive areas (primarily technology or military) where additional inquiries might be warranted. Take a look at this link: http://www.greencardlawyers.com/answers_fo...ritychecks.html :

 

"...Visas Mantis: Technologies with Possible Military Use

 

The Visas Mantis security check is used when potentially sensitive technologies are involved in your visit, work, studies or research in the United States. This check is used when you are involved in any of the 15 categories found on the Critical Fields List (CFL) of the State Department¡¯s Technology Alert List (TAL)."

 

Whether such an additional inquiry is used for K-1 applicants or also involves checking with the employer is unknown, but my sense from reading USCONGUZ's post is that checking with an employer is very very rare.

[jean-charles]

When I posed the question, I was thinking of those sensitive areas (primarily technology or military) where additional inquiries might be warranted.  Take a look at this link:  http://www.greencardlawyers.com/answers_fo...ritychecks.html :

 

"...Visas Mantis: Technologies with Possible Military Use

 

The Visas Mantis security check is used when potentially sensitive technologies are involved in your visit, work, studies or research in the United States.  This check is used when you are involved in any of the 15 categories found on the Critical Fields List (CFL) of the State Department¡¯s Technology Alert List (TAL)." 

 

Whether such an additional inquiry is used for K-1 applicants or also involves checking with the employer is unknown, but my sense from reading USCONGUZ's post is that checking with an employer is very very rare.

192522[/snapback]

well, this is the issue exactly since she works for this:

So she is right into that list

Does she need to drop her job before applying for the visa then?

 

 

 

Rocket Systems

These include ballistic missile systems, space launch vehicles and sounding rockets and Unmanned Air Vehicles (UAV) (including cruise missiles, target drones, and reconnaissance drones). The listed technologies are associated with rocket systems and UAV systems. The technology needed to develop a satellite launch vehicle is virtually identical to that needed to build a ballistic missile.

 

Rocket System And Unmanned Air Vehicle (UAV) Subsystems

Propulsion technologies include solid rocket motor stages, and liquid propellant engines. Other critical subsystems include re-entry vehicles, guidance sets, thrust vector controls and warhead safing, arming and fusing. Many of these technologies are dual-use. Technologies include:

 

Liquid and solid rocket propulsion systems

 

Missile propulsion and systems integration

 

Individual rocket stages or staging/separation mechanism

 

Aerospace thermal (such as superalloys) and high- performance structures

 

Propulsion systems test facilities

[Joanne]

If we enter the real stuff and they check against the passport issuance record, ... will they raise a flag and delay the process?

192499[/snapback]

No, USCIS or Homeland security department of United States will not be able to check your SO's passport application records.

 

Her Chinese passport was issued by the public security bureau of China, that was also where her passport application goes to.

 

And I don't think USCIS would contact her company during this process.

 

However, when she is ready to get her notarized birth certificate, the notarial office in China usually require that she provide official letters or other forms of proof from her current job.

[jean-charles]

If we enter the real stuff and they check against the passport issuance record, ... will they raise a flag and delay the process?

192499[/snapback]

No, USCIS or Homeland security department of United States will not be able to check your SO's passport application records.

 

Her Chinese passport was issued by the public security bureau of China, that was also where her passport application goes to.

 

And I don't think USCIS would contact her company during this process.

 

However, when she is ready to get her notarized birth certificate, the notarial office in China usually require that she provide official letters or other forms of proof from her current job.

192527[/snapback]

well she went to ask for the birth cert and translation this week, apparently it will take 1 week and she should not have any problems

 

 

How ever what concerns me is that she works in one of the TAL list fields, ...

 

The TAL list http://www.greencardlawyers.com/TALFieldsList.html seens to apply for work visas and research but does it apply to K1 as well?

 

We really don't need her to be arrested for trahison in china, ... if she must quit her job, this is also an option !

[Guest ShaQuaNew]

As others have stated, she will likely not encounter a problem with the US government contacting her employer. As long as your partner has a clean history relating to criminal and immigration activity, there should be no problem. The US doesn't object to receiving other countries secrets, but has heartburn when a US citizen has had access to sensitive technologies, and is now romantically involved with a foreign national, particulary when it's a country like China. I've worked for years with some of the most sensitive US technologies, and believe it's the reason my petition was held for additional scrutiny....

 

http://www.usdoj.gov/oig/reports/INS/a0314/findings.htm

 

http://travel.state.gov/visa/reciprocity/S...nce%20Cable.htm

 

http://www.usdoj.gov/oig/special/0007/criminal.htm

 

http://www.usdoj.gov/eoir/efoia/ocij/oppm05/05-03.pdf

[jean-charles]

As others have stated, she will likely not encounter a problem with the US government contacting her employer. As long as your partner has a clean history relating to criminal and immigration activity, there should be no problem. The US doesn't object to receiving other countries secrets, but has heartburn when a US citizen has had access to sensitive technologies, and is now romantically involved with a foreign national, particulary when it's a country like China. I've worked for years with some of the most sensitive US technologies, and believe it's the reason my petition was held for additional scrutiny....

 

http://www.usdoj.gov/oig/reports/INS/a0314/findings.htm

 

http://travel.state.gov/visa/reciprocity/S...nce%20Cable.htm

 

http://www.usdoj.gov/oig/special/0007/criminal.htm

 

http://www.usdoj.gov/eoir/efoia/ocij/oppm05/05-03.pdf

192533[/snapback]

well I understand what you are saying however this page:

http://www.greencardlawyers.com/TALFieldsList.html

 

seems to indicate that if you are a foreigner from china asking for a visa for the US, the US will check your work for one of these fields. before issuing a visa.

 

is this not correct ?

[jean-charles]

As others have stated, she will likely not encounter a problem with the US government contacting her employer. As long as your partner has a clean history relating to criminal and immigration activity, there should be no problem. The US doesn't object to receiving other countries secrets, but has heartburn when a US citizen has had access to sensitive technologies, and is now romantically involved with a foreign national, particulary when it's a country like China. I've worked for years with some of the most sensitive US technologies, and believe it's the reason my petition was held for additional scrutiny....

 

http://www.usdoj.gov/oig/reports/INS/a0314/findings.htm

 

http://travel.state.gov/visa/reciprocity/S...nce%20Cable.htm

 

http://www.usdoj.gov/oig/special/0007/criminal.htm

 

http://www.usdoj.gov/eoir/efoia/ocij/oppm05/05-03.pdf

192533[/snapback]

well I understand what you are saying however this page:

http://www.greencardlawyers.com/TALFieldsList.html

 

seems to indicate that if you are a foreigner from china asking for a visa for the US, the US will check your work for one of these fields. before issuing a visa.

 

is this not correct ?

192536[/snapback]

I RE-RE-RE read your post and info and in :

http://travel.state.gov/visa/reciprocity/S...nce%20Cable.htm

She definetely work in one of the 16 fields. Does this mean she need special clearance, ....

Does she need to change work to avoid a refusal.

Does this apply to K1 visas?

 

Should we get married instead in China to ask for a CR1 and K3 ???

 

 

 

it states on 7:

7. The 16 sensitive technologies, which constitute the Technology Alert List, are as follows. Additional information on these technologies is also available online from the Tec World homepage on the Department's intranet site, http://tecworld.inr.state.gov/.

 

(1) Conventional Munitions: technologies associated with warhead and large caliber projectiles, fusing and arming systems;

 

(2) Nuclear Technology: technologies associated with the production and use of nuclear material for military applications;

 

(3) Missile/Missile Technology: technologies associated with air vehicles and unmanned missile systems;

 

(4) Aircraft and Missile Propulsion and Vehicular Systems: technologies associated with liquid and solid rocket propulsion systems, missile propulsion, rocket staging/separation mechanisms, aerospace thermal and high-performance structures;

 

(5) Navigation and Guidance Control: technologies associated with the delivery and accuracy of unguided and guided weapons, such as tracking and homing devices, internal navigation systems, vehicle and flight control systems;

 

(6) Chemical and Biotechnology Engineering: technologies associated with the development or production of biological and toxin agents, pathogenics, biological weapons research;

 

(7) Remote Imaging and Reconnaissance: technologies associated with military reconnaissance efforts, such as drones, remotely piloted or unmanned vehicles, imagery systems, high resolution cameras;

 

(8) Advanced Computer/Microelectronic Technology: technologies associated with superconductivity supercomputing, microcomputer compensated crystal oscillators;

 

(9) Materials Technology: technologies related to the production of composite materials for structural functions in aircraft, spacecraft, undersea vehicles and missiles;

 

(10) Information Security: technologies associated with cryptographic systems to ensure secrecy of communications;

 

(11) Lasers and Directed Energy Systems: technologies associated with laser guided bombs, ranging devices, countering missiles;

 

(12) Sensors: technology associated with marine acoustics, missile launch calibration, night vision devices, high speed photographic equipment;

 

(13) Marine Technology: technology associated with submarines and deep submersible vessels, marine propulsion systems designed for undersea use and navigation, radar, acoustic/non-acoustic detection;

 

(14) Robotics: technologies associated with artificial intelligence, computer-controlled machine tools;

 

(15) Advanced Ceramics: technologies related to the production of tanks, military vehicles and weapons systems;

 

(16) High Performance Metals and Alloys: technologies associated with military applications.

[Guest ShaQuaNew]

well I understand what you are saying however this page:

http://www.greencardlawyers.com/TALFieldsList.html

 

seems to indicate that if you are a foreigner from china asking for a visa for the US, the US will check your work for one of these fields. before issuing a visa.

 

is this not correct ?

192536[/snapback]

The link to the immigration lawyers site you listed is addressing work visas for foreign nationals and not marriage based visas. Yes, there are people that are coming to the US everyday to work for a definite period of time, and then return to their home country. The US is particulary concerned about these people, but again, it does not pertain to a marriage based visa....

[Guest pushbrk]

well I understand what you are saying however this page:

http://www.greencardlawyers.com/TALFieldsList.html

 

seems to indicate that if you are a foreigner from china asking for a visa for the US, the US will check your work for one of these fields. before issuing a visa.

 

is this not correct ?

192536[/snapback]

The link to the immigration lawyers site you listed is addressing work visas for foreign nationals and not marriage based visas. Yes, there are people that are coming to the US everyday to work for a definite period of time, and then return to their home country. The US is particulary concerned about these people, but again, it does not pertain to a marriage based visa....

192542[/snapback]

Everything I read at that site is presented in the context of a non-immigrant visa and where your "visit" would involve those areas described on the TAL list.

 

Technically, the K1 visa is a non-immigrant visa but USCONGUZ has indicated they are "treated as immigrant visas" because the ultimate intent is to immigration. Based on that, I would say that neither the "Visas Condor" or "Visas Mantis" security checks would directly apply. Your SO would perhaps be bringing secrets from China and staying here.

 

If David and Frank would agree to that take after reading, I'd be real confident in it.

 

As a caveat. You're going to need to tell the truth about the name of her employer and her job, IMO, but unless the company name or title raises a red flag, there wouldn't be a reason to trigger thes checks. For instance saying she's a xyz engineer for "Jet Propulsion Laboratories" would raise a flag, where being a financial analyst or "project manager" for Haliburton might not. I'm using recognizeable US examples of "government contractors" that have employees with security clearances etc.

 

Our government does not have access to the databases kept by the Chinese government. There's no need to worry about them seeing her passport application.

 

Take a look at the company name and an honest title and see how it looks.

Edited February 21, 2006 by pushbrk (see edit history)