I feel sick...

[Tom and Ling]

Hi Bob,

 

I take it that you will be filing an I-129f??

but even so there is something you should be aware of now so that you can prepare.

 

Question #13 of

 

"SUPPLEMENTAL NONIMMIGRANT VISA APPLICATION"

 

13. List all Professional, Social and Charitable Organizations to Which You

Belong (Belonged) or Contribute (Contributed) or with Which You Work

(Have Worked).

 

DS-157

 

This from the DS-157......I don't know what they consider the CCP as but it is an organization and you want to make sure that you have what the CCP official definition is....so that your fianc¨¦e is not caught in a lie which would be devastating, to say the least.......

So my advice would be to find out what the US considers the CCP as ,so that any questions on any forms are answered correctly.

And by the way...if you think you and your fianc¨¦e are going to be called down on this...I would start making up a strong hand written letter now.

And if at worst, marry her and fight it as husband and wife....just my opinion.........

 

Tom and Ling

 

 

 

 

 

 

 

 

 

Hello Tom and Hello123,

 

From what my sweet fianc¨¦e Haiqing has told me if you don't pay your dues for six months by Chinese law you should automatically no longer be a CCP member. I like your idea very much about officially quitting and for someone like Hello123 and his fianc¨¦e this could work but since his fianc¨¦e has stopped paying her dues over a year and a half ago by law she should no longer be a CCP member (noting that the operative word in the last two sentences is "should"). Since Hello123's fianc¨¦e doesn't appear to have anything to lose by officially quitting it may be an option for them.

 

My sweet fianc¨¦e Haiqing stopped paying her dues almost six months ago so soon she should (there's that word again) technically not be a CCP member. It would probably make good sense for her to officially quit however her current job requires that she is a CCP member so if she officially quit some eyebrows would certainly raise and she will jeopardize her job! She is hoping to simply slip under the radar for now so we'll play it one day at a time. She's one of those "involuntary membership paying dues for the purpose of employment".

 

As I mentioned in an earlier post, she's in a damned if you do, damned if you don't situation so I think for us playing it cool is the best option right now.

 

Yes Hello123, I was interested in your post the other day because I posted this topic on another thread just a few hours before you did on this one ... what are the odds? Both first posts for new members as well and just about at the same place in this visa process ... perhaps we'll meet up at the Embassy in Guangzhou for interview day ... given our track record so far I'd give it pretty good odds!

 

Best to all,

Bob

[dnoblett]

Note: For K-Visa applicants, GUZ does not use DS-230 part 2 which has the "Communist Party" questions, so in many cases the question does not come up at interview, however if the question is asked, the best thing to do is answer honestly, because if the visa is issued, and you lied to get it, and for any reason this lie comes to light later on, USCIS can revoke a green-card, and even can revoke citizenship due to misrepresentation.

 

For K-Visas this question WILL come up later on the I-485 form used to adjust status.

[bob&haiqing]

Hello Tom and dnoblett,

 

Thank you guys for the "heads up" on those forms.

 

We are going the K1 visa route and we're currently waiting for our P3 package from the Embassy in Guangzhou. If we do need to fill out the DS-157 form I think the best way to deal with it would be for her to list the CCP in question 13. I don't want to put my sweet fianc¨¦e Haiqing in the position of "splitting hairs" with the definition of the CCP and whether or not it falls under one of the listed categories. This could possibly put her in a verbal arm wrestling match over it with the VO. Too much pressure for her and I don't see it being a path to a good outcome. If I were the one being interviewed I might consider otherwise but that is not the case.

 

We don't know whether or not she'll be called on this but we are starting to prepare documents including her notarized statement of explanation, her resume showing the jobs she had that required CCP membership and we may ask for notarized statements from family and/or professional associates familiar with her work requirement situation. She will take this with her to the interview so that if she is asked the CCP question she can provide them to the VO who will hopefully recognize her situation for what it is and give her a blue slip rather than a white slip.

 

On a side note: She sent me an email this morning telling me the story of a woman who was in this exact same situation. She prepared four things for her interview. 1) her statement of explanation, 2) a statement from her boss stating that she was a general member and not a higher official, 3) a statement from the company she worked for stating she joined for employment but was not an active member, and 4) a copy of her resume showing that her job position was not sensitive. This woman was asked about being a CCP member during her interview, answered honestly, provided these forms and was given a blue slip and told to wait as she would hear from the Embassy within four months (during which time I assumed they did a deeper background check on her). At the end of four months she received her visa to the USA.

 

I think these are very good things to have going into one's interview, however, my sweet fianc¨¦e Haiqing can not get a statement from her boss or from the company she works for because she would probably lose her job immediately. It's not that her job is so important or sensitive because it's not ... it's more like we're all afraid of the "boogie man" on the other side of the fence.

 

If I were to marry her in China we'd have to drop the K1 visa approach which from my reading can have bad repercussions of it's own and start the process over again via the K2 route. While this is an option, I think I would only consider it as a last ditch effort if all else failed. If she is not asked the CCP question she could be here by October perhaps. If she gets a blue slip then maybe we're talking January/February. If we start all over ... let's put it this way, I don't want to wait that long!

 

That's good news dnoblett if the GUZ does not require DS-230 part II for K1 visas because that is the route we are going and that would allow us to dodge the bullet for now. Someone else mentioned in one of the posts that the CCP issue will come up during the AOS process but it's much easier to deal with at that point. I agree with you 100% that honesty is the best policy with this process. I would be devastated to have my sweet Haiqing here with me only to have her deported because we didn't want to deal with the slight inconvenience of a blue slip and lied to just to avoid it ... not good logic in my opinion.

 

I know that sometimes this process does not seem easy but if you think about it I would bet that the staff and VO's working at the Embassy feel the same way. They have the important job of protecting us, the citizens of the USA while at the same time having to weigh the desires of those wanting to come here. They have only the tools of the laws governing this situation and their own instincts to guide them and to complicate the matter each one of our cases has it's own unique set of circumstances. We have some things in common, but each case is peppered with variables as well. When I put myself in their shoes I think that it is in our own best interest to attempt to understand the laws and requirements as best we can so we can in essence work together with the staff and VO's at the Embassy and make their job a bit easier. I think this helps us all and it seems to me that CFL is a great place to do this with many good people here willing to help each other with lots of great ideas, thanks everybody.

 

Best to all,

Bob

[david_dawei]

If we do need to fill out the DS-157 form I think the best way to deal with it would be for her to list the CCP in question 13.

. . .

On a side note: She sent me an email this morning telling me the story of a woman who was in this exact same situation. She prepared four things for her interview. 1) her statement of explanation, 2) a statement from her boss stating that she was a general member and not a higher official, 3) a statement from the company she worked for stating she joined for employment but was not an active member, and 4) a copy of her resume showing that her job position was not sensitive. This woman was asked about being a CCP member during her interview, answered honestly, provided these forms and was given a blue slip and told to wait as she would hear from the Embassy within four months (during which time I assumed they did a deeper background check on her). At the end of four months she received her visa to the USA.

. . .

That's good news dnoblett if the GUZ does not require DS-230 part II for K1 visas because that is the route we are going and that would allow us to dodge the bullet for now. Someone else mentioned in one of the posts that the CCP issue will come up during the AOS process but it's much easier to deal with at that point.

the DS-230 part II is easier to dodge than the DS-157... read the wording in both and that will explain why a CR-1 would choose to quickly quit and can answer truthfully on DS-230 part II they are not a member... (it doesn't ask about past affiliation). And the CR-1 doesn't fill out the DS-157.

 

I would ask the immigration lawyer if the DS-157 Q.13 requires the CCP membership to be listed since it's a political party membership. (Political party issues are dealt with in separate forms, so curious what a lawyer says).

 

If denied, you can expect 4-12 months delay... and the best course is to have the papers on hand that you mention.

[Tom and Ling]

I would agree with David 110% as well as if you want to go the K1 route ...Talk to a lawyer over in the US. For the DS-157 .it is a shady area. Because CCP is a political party or organization....would it be considered a social organization....who knows but a lawyer might be able to answer this question.

 

David's reply to the CR1 makes sense too and you would be married than.......

 

Tom and Ling

 

 

If we do need to fill out the DS-157 form I think the best way to deal with it would be for her to list the CCP in question 13.

. . .

On a side note: She sent me an email this morning telling me the story of a woman who was in this exact same situation. She prepared four things for her interview. 1) her statement of explanation, 2) a statement from her boss stating that she was a general member and not a higher official, 3) a statement from the company she worked for stating she joined for employment but was not an active member, and 4) a copy of her resume showing that her job position was not sensitive. This woman was asked about being a CCP member during her interview, answered honestly, provided these forms and was given a blue slip and told to wait as she would hear from the Embassy within four months (during which time I assumed they did a deeper background check on her). At the end of four months she received her visa to the USA.

. . .

That's good news dnoblett if the GUZ does not require DS-230 part II for K1 visas because that is the route we are going and that would allow us to dodge the bullet for now. Someone else mentioned in one of the posts that the CCP issue will come up during the AOS process but it's much easier to deal with at that point.

the DS-230 part II is easier to dodge than the DS-157... read the wording in both and that will explain why a CR-1 would choose to quickly quit and can answer truthfully on DS-230 part II they are not a member... (it doesn't ask about past affiliation). And the CR-1 doesn't fill out the DS-157.

 

I would ask the immigration lawyer if the DS-157 Q.13 requires the CCP membership to be listed since it's a political party membership. (Political party issues are dealt with in separate forms, so curious what a lawyer says).

 

If denied, you can expect 4-12 months delay... and the best course is to have the papers on hand that you mention.

[bob&haiqing]

Hello everyone,

 

I just wanted to post a short message to let everyone who is interested in this topic know that I have posted an update here: http://candleforlove.com/forums/index.php?showtopic=31912

 

Best to all,

Bob

[Guest Rob & Jin]

Note: For K-Visa applicants, GUZ does not use DS-230 part 2 which has the "Communist Party" questions, so in many cases the question does not come up at interview, however if the question is asked, the best thing to do is answer honestly, because if the visa is issued, and you lied to get it, and for any reason this lie comes to light later on, USCIS can revoke a green-card, and even can revoke citizenship due to misrepresentation.

 

For K-Visas this question WILL come up later on the I-485 form used to adjust status.

 

 

 

DS-230 part 2 is used on K visas its signed on interview day in front of embassy staff

 

Any way that aside and lets forget somantics the CCP is considered a totaliterian party you really are unwise to try and hide past or present memembership it could turn a simple blue into a white for "misrepresentation" of material facts.

 

JMHO

[bob&haiqing]

Note: For K-Visa applicants, GUZ does not use DS-230 part 2 which has the "Communist Party" questions, so in many cases the question does not come up at interview, however if the question is asked, the best thing to do is answer honestly, because if the visa is issued, and you lied to get it, and for any reason this lie comes to light later on, USCIS can revoke a green-card, and even can revoke citizenship due to misrepresentation.

 

For K-Visas this question WILL come up later on the I-485 form used to adjust status.

 

 

 

DS-230 part 2 is used on K visas its signed on interview day in front of embassy staff

 

Any way that aside and lets forget somantics the CCP is considered a totaliterian party you really are unwise to try and hide past or present memembership it could turn a simple blue into a white for "misrepresentation" of material facts.

 

JMHO

 

Hello Rob,

 

You are right ... it's always best to answer the question honestly on any form or at the interview ... lying is not worth the risk!

 

Enjoy your weekend,

Bob