CR-1 (DCF) with CCP on the record

[chengkai]

Hey everyone. This is my first post here, but I've been a visitor recently looking for information on what we should prepare for. Some facts:

 

1. I've lived in China for 2 years, and met my girlfriend in person here in Shenzhen.

2. We're getting married in June here in China.

3. I have a working visa here in China, so DCF CR-1 seems the best option.

4. We want to travel to America in November for 2 months. Come back to China in January for the Chinese New Year. Then, move to America in March, 2012.

5. My (future) spouse works at a Technical College, and she joined the CCP as an honor and for job advancement. She since realized (before me) that she would like to quit, but has been afraid to because of what her colleagues and employers may do/think. Now that we're getting married she's planning on quitting very soon - probably this month. I know that with the CR-1 visa, we have to answer a simple yes or no question as to whether or not she is in the CCP NOW. Our hope is that if she honestly quits before applying for the visa, she can just say no and hope that it doesn't come up in the interview. Has anyone had a similar career (teaching for a school or university) who has been in the CCP? I have heard that officers tend not to ask the dreaded CCP question to teachers or low income citizens.

6. If I owe taxes in America, but am steadily paying them and have filed them, will this be a problem?

7. I have heard mixed responses about showing money in the bank. Some lawyers have told me that for a CR-1 visa I don't need to show money in the bank, but I do need to show steady income in America. I can do this, but I definitely don't have 10 grand sitting idly by in a bank. Can anyone share their experience with this? Should I seek a co-sponsor?

8. Last but not least....what about a lawyer? I don't see many people here talk about working with a lawyer - just inquiries. I've gotten free advice from lawyers, and I feel fairly confident that we could use resources available to us here and from friends that have gone through a similar process. What do you guys think? Is it worth hiring a lawyer? I'll be honest...Last week I spoke to two lawyers and I was a little concerned when one of them told me to not tell the consulate in GZ that we'll be married...or even dating. My confidence in lawyers is not high, but if you guys think it could help, perhaps I'd consider it.

 

Thanks for your help in advance!!

 

ChengKai

³Ì¿­

[xiaozhu]

To your question 5: We are in the same boat. Please take a look at the link http://candleforlove.com/forums/index.php?showtopic=42851. Many CFL members provide useful information. Your girlfriend quitting the membership now probably would not be a big help. See http://www.state.gov...ation/86972.pdf. Also, if she did that, you two need to think what will happen to her before she gets visa.

 

To your question 8: It is not necessary to hire an lawyer. We do by ourselve. Also you always can get good supports from this website and visajourney http://www.visajourney.com/portals/index.php?country=China.

[chengkai]

To your question 5: We are in the same boat. Please take a look at the link http://candleforlove.com/forums/index.php?showtopic=42851. Many CFL members provide useful information. Your girlfriend quitting the membership now probably would not be a big help. See http://www.state.gov...ation/86972.pdf. Also, if she did that, you two need to think what will happen to her before she gets visa.

 

 

Thanks for the reply! I looked through this and the posts linked to it over the weekend. We were going to prepare the letter and waiver in advance as a precautionary measure. However, I've also heard that a lot of people don't get this question in the interview. She asked around at her office and found out it is possible to leave, but highly frowned upon. She knows the risks and is still willing to quit - for other reasons besides just the visa. So, if she quits, is there still a need for a waiver? We'll have a signed paper stating she's no longer in the party, but will this be enough?

[xiaozhu]

Thanks for the reply! I looked through this and the posts linked to it over the weekend. We were going to prepare the letter and waiver in advance as a precautionary measure. However, I've also heard that a lot of people don't get this question in the interview. She asked around at her office and found out it is possible to leave, but highly frowned upon. She knows the risks and is still willing to quit - for other reasons besides just the visa. So, if she quits, is there still a need for a waiver? We'll have a signed paper stating she's no longer in the party, but will this be enough?

 

 

Quoted from http://www.state.gov...tion/86972.pdf.

 

“INA 212(a)(3)(D)(iii) relieves an alien of visa ineligibility if his or her membership or affiliation terminated at least:

(1) Two years before the date of application for a visa or for admission;or

(2) Five years before the date of application for a visa or for admission, in the case of an alien whose membership or affiliation was with the party controlling the Government of a foreign state that is a totalitarian dictatorship as of the date of application.”

 

So theoretically a waiver still is necessary if she quits now. From Paula’s case http://candleforlove.com/forums/index.php?showtopic=18469, a formal letter from her workplace about her quitting will be required if she quits. As you find, some are asked about the CCP and some are not at interview. I have no idea. But from interview reviews at Visajourney, almost all were asked. We are going to have interview soon and will report the result then. I think other CFL members will give you more inputs later.

Edited March 7, 2011 by xiaozhu (see edit history)

[xiaozhu]

7. I have heard mixed responses about showing money in the bank. Some lawyers have told me that for a CR-1 visa I don't need to show money in the bank, but I do need to show steady income in America. I can do this, but I definitely don't have 10 grand sitting idly by in a bank. Can anyone share their experience with this? Should I seek a co-sponsor?

 

 

Forget to answer your equestion 7 :-)). I donot think it is needed to provide a bank statement. We donot. We only provided 2009 tax return to NVC, and I will bring 2007 and 2008 tax return to interview if they want to look over. Few people are willing to let such a big amount of money just sit in the bank without doing anything. If your annual income is not much higher than the minimum finanical requirement, you may need to consider a co-sponsor.

[David11]

With regards to #7, read up on I-864 information, both threads here and on the form itself. Some of your questions are answered word for word on the actual documents.

 

Without knowing your financial situation in great detail but knowing that you have been in China for two years I would have to assume that you will almost certainly need a joint sponsor.

 

The lawyer who suggested mentioning that you are getting married or even dating seems to be under the impression that your fiancee is going for a tourist visa, which are seldom issued to spouses/significant others of American Citizens (they assume your significant other is planning to stay in the US with you). Keeping your marriage secret when you're going for a Relative visa based on being married wouldn't make much sense.

 

Be careful about planning things too tightly. You can get through the process and overcome your issues but it takes time. If you DCF a CR1 in June soon after you are married and meet no hiccups, no delays, no blue slips, and everything going flawlessly, you'd probably still be cutting your November goal pretty close.

[chengkai]

Yeah, I know it's tight - November or December is what we're hoping for, but we're not buying tickets or anything until after the visa is approved.

 

I guess I'll go ahead and get the waiver done after she quits. After I get the waiver, we should take it with us to the interview right? I assume that at the start of the interview, she will hand over all of the documents for the officer to review. If the officer sees a waiver, will that lead directly to a blue slip? Has anyone given a waiver and received pink during the initial interview?

 

Thanks for the info on the tax returns. I'll make sure to get those in my possession. One question about showing income - If my income is in a different country, will that count? It seems a bit silly to file DCF and have them expect income from America whilst on a work visa in a different country. I'm not worried about how much I'm making to meet the minimum requirement...I'm worried about location. Anyone have experience with this - specifically with a CR-1 visa?

 

Thanks again!

[tsap seui]

Hey everyone. This is my first post here, but I've been a visitor recently looking for information on what we should prepare for. Some facts:

 

1. I've lived in China for 2 years, and met my girlfriend in person here in Shenzhen.

2. We're getting married in June here in China.

3. I have a working visa here in China, so DCF CR-1 seems the best option.

4. We want to travel to America in November for 2 months. Come back to China in January for the Chinese New Year. Then, move to America in March, 2012.

5. My (future) spouse works at a Technical College, and she joined the CCP as an honor and for job advancement. She since realized (before me) that she would like to quit, but has been afraid to because of what her colleagues and employers may do/think. Now that we're getting married she's planning on quitting very soon - probably this month. I know that with the CR-1 visa, we have to answer a simple yes or no question as to whether or not she is in the CCP NOW. Our hope is that if she honestly quits before applying for the visa, she can just say no and hope that it doesn't come up in the interview. Has anyone had a similar career (teaching for a school or university) who has been in the CCP? I have heard that officers tend not to ask the dreaded CCP question to teachers or low income citizens.

6. If I owe taxes in America, but am steadily paying them and have filed them, will this be a problem?

7. I have heard mixed responses about showing money in the bank. Some lawyers have told me that for a CR-1 visa I don't need to show money in the bank, but I do need to show steady income in America. I can do this, but I definitely don't have 10 grand sitting idly by in a bank. Can anyone share their experience with this? Should I seek a co-sponsor?

8. Last but not least....what about a lawyer? I don't see many people here talk about working with a lawyer - just inquiries. I've gotten free advice from lawyers, and I feel fairly confident that we could use resources available to us here and from friends that have gone through a similar process. What do you guys think? Is it worth hiring a lawyer? I'll be honest...Last week I spoke to two lawyers and I was a little concerned when one of them told me to not tell the consulate in GZ that we'll be married...or even dating. My confidence in lawyers is not high, but if you guys think it could help, perhaps I'd consider it.

 

Thanks for your help in advance!!

 

ChengKai

³Ì¿­

 

 

 

I'd say to get a co-sponsor if your income isn't much over $23,000USD per year, and no, you don't need a lawyer. And I don't see where your 1040, etc., is going to show that you pay money to IRS for back taxes.

 

Sorry, I can't help with the CCP advice.

 

tsap seui

[chengkai]

That's good to know about the back taxes.

 

I think the issue I'm most concerned about then is the CCP. If you guys think quitting now won't raise our chance for a pink slip, then perhaps waiting until she quits her job would be the smoothest approach. Speaking of which, how does one officially quit? I read in a previous post that you should write a letter stating you'd like to skip - but then it gets reviewed for a decision to be made. Is that right? If you want to quit, can't you just quit. It doesn't seem like it's anyone's decision but the member's. Then the second option I saw was to simply stop paying the dues. This seems easiest and the least confrontational, but is it truly effective? When we get her visa and we move back to America together, can her membership with the CCP just lapse and have that be it? Also, would doing that hurt her chances of entering China again? Unfortunately, I can't seem to find solid answers to these questions and neither can Tata (girlfriend). She's asked around but it's such a faux pas here and it's highly frowned upon to quit.

 

I suppose we really want to know if quitting now will greatly increase our chances of getting pink after the first interview. (CR-1 visa, not a K visa. The forms only ask if she's in the party now)

 

If not, then I'd just assume tell her to wait to quit the CCP until we move to the US.

[Randy W]

That's good to know about the back taxes.

 

I think the issue I'm most concerned about then is the CCP. If you guys think quitting now won't raise our chance for a pink slip, then perhaps waiting until she quits her job would be the smoothest approach. Speaking of which, how does one officially quit? I read in a previous post that you should write a letter stating you'd like to skip - but then it gets reviewed for a decision to be made. Is that right? If you want to quit, can't you just quit. It doesn't seem like it's anyone's decision but the member's. Then the second option I saw was to simply stop paying the dues. This seems easiest and the least confrontational, but is it truly effective? When we get her visa and we move back to America together, can her membership with the CCP just lapse and have that be it? Also, would doing that hurt her chances of entering China again? Unfortunately, I can't seem to find solid answers to these questions and neither can Tata (girlfriend). She's asked around but it's such a faux pas here and it's highly frowned upon to quit.

 

I suppose we really want to know if quitting now will greatly increase our chances of getting pink after the first interview. (CR-1 visa, not a K visa. The forms only ask if she's in the party now)

 

If not, then I'd just assume tell her to wait to quit the CCP until we move to the US.

 

 

 

Think about what you're saying - if she doesn't even know HOW to quit, how will the consulate be able to verify that she HAS quit?

 

If a waiver is required, it will be requested at the time of the interview.

 

Communist Party Membership - see DOS Classes of Aliens Ineligible to Receive Visas

 

 

" D) Immigrant membership in totalitarian party.-

 

 

 

(i) In general.-Any immigrant who is or

has been

a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible. "

 

 

 

This does not mean that you will NOT get a visa - exceptions are taken, and waivers granted

so

that the biggest impact is typically a blue slip, with additional processing required. Each case is different.

 

 

 

Exception for involuntary membership. - Exception is made for an alien if the alien establishes that the membership or affiliation was involuntary, or was solely when under 16 years of age, required by law, or for purposes of obtaining employment, or other essentials of living and when necessary for such purposes.

 

 

 

Exception for past membership. - Exception is made for an alien if the alien establishes that the membership or affiliation terminated at least 2 years before the date of such application

 

 

 

At the time of the interview, a waiver may be required at the discretion of the consular officer. The best approach to this issue is to have the Chinese beneficiary quit membership as soon as possible before the interview, if the situation permits. It may be possible to quit passively (by not paying dues and ceasing all activities). Answer all questions truthfully.

 

[dnoblett]

4. This is possible if CCP issue does not delay things, but would require a marriage ASAP, and filing I-130 at least by the end of the month. Here is my thinking on this, DCF can take 3-6 months processing from filing to interview. Stats

Once interviewed, the CCP issue can take 4 months to resolve, it is an easy overcome, but requires in virtually all cases the consulate doing some additional administrative processing, they understand that for many jobs joining the party is like joining a union, a requirement of the job and is not a political communist. (June -- November is just not enough time to handle this). But yes once have a CR-1 can visit the USA for 2 months get green-card, return to China, and then move back to the USA next March, is a reasonable use of Green-card.

 

5. I would not quit the party or job, many have gone through the ordeal with the consulate without quitting, again the reason for membership is not political, it is work related. Good thread about CCP is here: http://candleforlove.com/forums/index.php?showtopic=42851 (Mama Bear never quit the party, or would have needed to quit her teaching job, this would have posed a hardship.)

 

6. No past tax should not be an issue, the consulate is more concerned with your future income after moving to the USA and if you can support an immigrant.

 

7. Money in the bank can be used as an asset, however you will need to show that it has been there a while, and is not a large deposit that will possibly be pulled out and returned to whoever loaned it to you. (Assets are only worth 1/3 income, so if income level required is $19,000, you would need show nearly 60,000 in liquid assets.) Most in DCF simply get a joint sponsor in the states that can support he immigrant. Of greater concern is your ability to show maintaining US domicile.

 

8. If you prepare your petition well, a lawyer should not be needed. Lawyers are useful when dealing with denials, as well as in cases where the petitioner is overwhelmed with the details, and wants professional help in preparing the petition. However I have seen lawyers mess things up. If you do want to consult with one, Marc Ellis a member of this forum is a good choice. PM Ellis-island http://candleforlove.com/forums/index.php?showforum=39

[chengkai]

Wow, the timeline on visajourney.com is a lot different than what I was told. Most of the cases there were definitely longer than 3 months. So, perhaps we'll try to start all of this sooner and hope for the best. We talked about it last night, and I'm still certain she's going to quit the CCP as long as it doesn't cost her her job. Regardless, I think it's safe to just go ahead and assume we'll receive blue the first time around on account of her affiliation with the CCP. I read more on the waiver process, and it seems most people are just writing letters of explanation without paying the waiver fee. It's my assumption that this is up to the visa officer at the interview. Also, I'm a bit fuzzy on the timeline where the waiver could be processed. Can one apply for the waiver BEFORE the interview (the actual $250 waiver) and present it to the officer? I read over the FAM but I'm not sure if you have to have been through the interview process first or not, before being able to apply for the waiver. Here's the process outlined in 9 FAM 40.34 PN3

 

9 FAM 40.34 PN3

 

On to some application questions:

 

9. In Part B of I-130 ("Information About You"), should I use my address in America or my address in China? I'm filing DCF, but I have a home address in America that I could have sensitive materials mailed to.

10. In Part C of I-130 ("Information about your relative"). If we're living together here in China, it's safe to assume I should list our Chinese address. Is it ok to use Chinese characters? I don't really know the English address. I could use Pinyin or Chinese characters.

11. Furthermore on addresses, Parts 19-21 are a bit confusing. 19 is for my spouse's address abroad, which would be the same as my previous question. Then, 20 is the same question which applies to my situation since it's in Chinese. And then, 21 is targeted towards spouses. Should I fill in the same address for all three or just number 21?

 

Thanks for the help!! I really appreciate it.

[dnoblett]

Wow, the timeline on visajourney.com is a lot different than what I was told. Most of the cases there were definitely longer than 3 months. So, perhaps we'll try to start all of this sooner and hope for the best. We talked about it last night, and I'm still certain she's going to quit the CCP as long as it doesn't cost her her job. Regardless, I think it's safe to just go ahead and assume we'll receive blue the first time around on account of her affiliation with the CCP. I read more on the waiver process, and it seems most people are just writing letters of explanation without paying the waiver fee. It's my assumption that this is up to the visa officer at the interview. Also, I'm a bit fuzzy on the timeline where the waiver could be processed. Can one apply for the waiver BEFORE the interview (the actual $250 waiver) and present it to the officer? I read over the FAM but I'm not sure if you have to have been through the interview process first or not, before being able to apply for the waiver. Here's the process outlined in 9 FAM 40.34 PN3

 

9 FAM 40.34 PN3

 

On to some application questions:

 

9. In Part B of I-130 ("Information About You"), should I use my address in America or my address in China? I'm filing DCF, but I have a home address in America that I could have sensitive materials mailed to.

10. In Part C of I-130 ("Information about your relative"). If we're living together here in China, it's safe to assume I should list our Chinese address. Is it ok to use Chinese characters? I don't really know the English address. I could use Pinyin or Chinese characters.

11. Furthermore on addresses, Parts 19-21 are a bit confusing. 19 is for my spouse's address abroad, which would be the same as my previous question. Then, 20 is the same question which applies to my situation since it's in Chinese. And then, 21 is targeted towards spouses. Should I fill in the same address for all three or just number 21?

 

Thanks for the help!! I really appreciate it.

 

No I-601 waiver required, so no additional fee. The CCP issue just gets additional processing and they send out a call back letter requesting passport drop off to affix visa in it after they complete the AP.

 

The Work CCP issue is not the same type of inadmissibility issue as perhaps overstaying a visa in the USA initiating a 5 or 10 year bar.

[chengkai]

Wow, the timeline on visajourney.com is a lot different than what I was told. Most of the cases there were definitely longer than 3 months. So, perhaps we'll try to start all of this sooner and hope for the best. We talked about it last night, and I'm still certain she's going to quit the CCP as long as it doesn't cost her her job. Regardless, I think it's safe to just go ahead and assume we'll receive blue the first time around on account of her affiliation with the CCP. I read more on the waiver process, and it seems most people are just writing letters of explanation without paying the waiver fee. It's my assumption that this is up to the visa officer at the interview. Also, I'm a bit fuzzy on the timeline where the waiver could be processed. Can one apply for the waiver BEFORE the interview (the actual $250 waiver) and present it to the officer? I read over the FAM but I'm not sure if you have to have been through the interview process first or not, before being able to apply for the waiver. Here's the process outlined in 9 FAM 40.34 PN3

 

9 FAM 40.34 PN3

 

On to some application questions:

 

9. In Part B of I-130 ("Information About You"), should I use my address in America or my address in China? I'm filing DCF, but I have a home address in America that I could have sensitive materials mailed to.

10. In Part C of I-130 ("Information about your relative"). If we're living together here in China, it's safe to assume I should list our Chinese address. Is it ok to use Chinese characters? I don't really know the English address. I could use Pinyin or Chinese characters.

11. Furthermore on addresses, Parts 19-21 are a bit confusing. 19 is for my spouse's address abroad, which would be the same as my previous question. Then, 20 is the same question which applies to my situation since it's in Chinese. And then, 21 is targeted towards spouses. Should I fill in the same address for all three or just number 21?

 

Thanks for the help!! I really appreciate it.

 

No I-601 waiver required, so no additional fee. The CCP issue just gets additional processing and they send out a call back letter requesting passport drop off to affix visa in it after they complete the AP.

 

The Work CCP issue is not the same type of inadmissibility issue as perhaps overstaying a visa in the USA initiating a 5 or 10 year bar.

 

 

Oh ok great. I was confused. Very helpful.

[warpedbored]

A waiver is not actually required but it is often called that for lack of a better term. As Dan said they just do a little more processing and probably more background checks.