howaboutasuit Posted June 29, 2006 Report Share Posted June 29, 2006 (edited) 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. Edited June 29, 2006 by frank1538 (see edit history) Link to comment
USCONGUZ Posted July 13, 2006 Report Share Posted July 13, 2006 The FAM does not specify the kind of documentation required for the exception to apply. It is up to the petitioner and beneficiary to decide what evidence they will submit, and it is up to the consular officer to evaluate that evidence. Link to comment
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