CCP Membership Issues

[david_dawei]

This is a contribution from member Cathy & Bruce who documented their CCP and Consular experience in a MS Word Document. I have provided here as a post so it is searchable well but each page has the full document for download. I am sure this will help other members dealing with the CCP issue. On behalf of CFL and it's members, we all thank Cathy & Bruce for this wonderful write-up.

---

K-1 Visas and Chinese Communist Party (CCP) Membership Issues


So your fiancé is (was) a CCP member? Since 5% of the Chinese population are members, there’s a 1 in 20 chance she is!
Having just recently completed the K-1 Fiancé visa process, I would like to share what I have learned about how the US Consulate handles K-1 visa beneficiaries who are (or have been within the past 5 years) members of the Chinese Communist Party (CCP). My fiancé, now wife, was a long-time CCP member right up until the day of the interview.

I hope this information makes the process more understandable and easier for couples facing this issue. Keep in mind that this information is based solely on my personal experience in 2010, I don’t speak for the US Consulate and the opinions expressed are solely my own. I imagine that those applying for K-3 or IR1/CR1 or DCF visas would also find this discussion useful, as would those dealing with this process in Vietnam, Cuba, Laos and North Korea. In case you were not already aware, there are two websites that are particularly useful to people in the K-1 Visa process:
http://www.visajourney.com"]www.VisaJourney.com and http://www.candleforlove.com" which focuses on China.


I shall use a Q&A format to cover the main points:

Download MS Word Document contributed by member, Cathy & Bruce: CCP Essay

[david_dawei]

 

Q: My Fiancé is (or was within the past five years) a member of the CCP. Is this a big problem in getting a K-1 visa?

 

A: The Short Answer is no – it will probably earn you a ‘Blue Slip’ at the interview and cost you 2 to 4 months of “Additional Processing” also called “AP” or “Administrative/Further Processing” or “Administrative Review” or a Security Advisory Opinion (SAO). Although there have been a few cases who got their visa (“Pink Slip”) on the day of the interview, I wouldn’t go in expecting that.

 

Granted, the extra processing time – and especially the uncertainty of how long it will take for your particular case to be adjudicated – can seem excruciating long.

 

That said, if you mishandle your case, you could face outright visa denial (“White Slip”) or be forced to apply for a formal waiver (I-601 form) either of which can take many months or even years to overcome.

Of course, your case could have other weak spots – financial support issues, questions about how bona-fide the relationship is, language barriers and other issues could make for a bumpy ride independent of the CCP issue. I haven’t heard of any CCP member who ‘played by the rules’ who didn’t eventually get the K-1 visa, absent any other issues.

 

 

Q: The Cold War is long since over. What’s the big deal about being a CCP member?

 

A: Outdated relic of the Cold War or not, the law still exists on the books. Hopefully someday it will be repealed. Remember that there are the families of tens of thousands of US soldiers who died or were wounded at the hands of Chinese Communist soldiers in Korea in the early 1950s who understandably still have a problem with the CCP. They vote too.

Consular Officers, like any Law Enforcement Officers, are duty-bound to act on any evidence of illegal actions or situations. I don’t think that the Consular Officers interviewing visa applicants personally care if the applicant is a CCP member or not, but it is part of their job to determine if an applicant is/was a member of the CCP. What the Consular Officers do care about is following the law in general and in keeping their jobs.

 

I am a former Federal Police Officer myself. I was duty-bound to act on any evidence I came across that indicated a law had been broken. There were times when (often at the end of my shift, just before I was leaving on vacation the next morning when all I wanted to do was go home) I was presented with evidence of a (trivial) illegal act or substance (contraband) and I was faced with a choice: ignore the infraction and risk losing my job, or take the appropriate action even though it meant unwanted overtime and extra work over something I personally didn’t care about. I always chose the latter. So will the Consular Officer giving your interview!

 

Q: I heard that some people lie about their membership in the CCP and get their K-1 visa right away. Is this a good way to go?

 

A: It’s a personal choice. Yes, some do lie and get the visa. But then they have the threat of being discovered to have lied and have the risk of deportation hanging over them for the rest of their lives. People do get deported and even stripped of their citizenship for lying on their immigration forms. Right now in the US, someone having been a communist is not a big political concern, but in the future, if we have a big conflict with China or other communist power it could once again be a big deal and you don’t want that skeleton in your closet.

 

In my opinion ‘honesty is the best policy’ since by being honest you will never have to worry about the issue haunting you again.

 

I think it is a question of ‘instant gratification’ – lie now and get the visa sooner and hope there are no consequences later; or tell the truth and tolerate a few more months of separation. I personally know how hard the separation can be, but in the long-term grand scheme of things it is a small price to pay for peace of mind.

 

Q: Yes, but if I lie about being a CCP member, then the Consular Officer won’t have to deal with the issue, right?

 

A: Perhaps not at that moment. BUT the issue will come up again on your Adjustment of Status (AOS) interview in the US and there may be other evidence of the CCP membership such as where the fiancé works or went to school. It is conceivable that someone who knows that your fiancé is/was a CCP member could inform the US Government of that fact – even years later.

The take-home lesson is this: The WORST thing a person can do is lie to a Federal Officer. Martha Stewart went to jail not because she was found guilty of insider stock trading; she went to jail for lying to Federal Investigators! There were two times (three forms) my fiancé was specifically asked, in writing, about her CCP membership: on both the DS-230 Part II form and the GNI-2 form that she turned-in at the interview, and on the I-485 form she submitted for the Adjustment of Status application. Checking a “No” box on a form that should have been checked “Yes” is a ‘slam-dunk’ case for prosecutors to show someone lied on a legal document. Verbal lies are just as bad and easy to prosecute.

 

The ‘transgression’ of being a CCP member pales in comparison to the ‘mortal sin’ of lying to the US Government. There are exceptions to being a CCP member. There are NO exceptions to lying on immigration forms! The worst-case scenario of being honest about CCP membership is a walk in the park compared to being found to have lied on a US immigration application, which is sure to be a multi-year expensive nightmare.

 

Even without hard evidence of CCP membership, IF the Consular Officer so much as suspects an applicant of being evasive or dishonest about anything in the interview or on paper, he/she can deny the visa, laying the burden of proof on you that you were telling the truth.

 

 

 

Download MS Word Document contributed by member, Cathy & Bruce: CCP Essay

Edited September 18, 2011 by david_dawei (see edit history)

[david_dawei]

 

Q: What exactly does the law about being a Communist Party member say?

 

A: It is from the IMMIGRATION AND NATIONALITY ACT ¡°INA¡±, specifically:

 

Section INA 212(a)(3)(D) Immigrant membership in totalitarian party.-

 

INA 212(a)(3)(D) (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.

 

INA 212(a)(3)(D) (ii) Exception for involuntary membership.-Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whether necessary for such purposes.

 

INA 212(a)(3)(D) (iii) Exception for past membership.-Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that-

 

(I) the membership or affiliation terminated at least-

 

(aa) 2 years before the date of such application, or

 

(bb) 5 years before the date of such application, 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 such date, and

 

(II) the alien is not a threat to the security of the United States.

 

(iv) Exception for close family members.-The Attorney General may, in the Attorney General's discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States.

This law is also listed under 8 USC 1182(a)(3)(D) of the US Code (TITLE 8, CHAPTER 12, SUBCHAPTER II, Part II, section 1182)

Translated for CCP members, this is what it means in a nutshell:

(i) CCP members are inadmissible.

BUT, there are two types of ¡®exceptions¡¯ and one ¡®waiver¡¯ available:

(ii) There is an ¡®exception¡¯ for ¡°involuntary¡± membership (this includes ¡°non-meaningful¡± membership).

(iii) There is an ¡®exception¡¯ for CCP members who quit more than five years ago.

(iv) There is a ¡®waiver¡¯ available for close family members (using the I-601 form).

 

For most K-1 applicants, the (ii) exception is what you will be after.

If your fianc¨¦ quit more than five years ago (and can actually PROVE it), then try for the (iii) exception.

 

Q: Should my fianc¨¦ quit the party ASAP?

 

A: No. A Chinese CCP member who quit the party 2, or even 3 or 4 years ago does not qualify for (aa) above since the CCP is the party controlling the government in China, thus the (bb) 5-year rule applies. And then there is the question of how to prove that someone actually quit the party at any particular time.

I see a lot of discussion on the web site about getting some type of certification that the fianc¨¦ has quit the party. My fianc¨¦ (now wife) had been a party member for 12 years and worked for the CCP party office in her home town. We discussed her quitting when we became engaged but decided she should not quit for the following reasons:

1) She would not have left the party for the five-years rule by the time of her K-1 interview. Quitting less than five-years before the interview gains you nothing. Even if you quit more than five-years you will still have to disclose it on form GNI-2 at the interview and, later, on the I-485 form for AOS.

2) Quitting after being engaged to me could show that she felt her membership was something to be ashamed of or that we were hiding something. They may think that she quit because she really didn¡¯t need to be a member for her job in the first place. Part of our argument for the CCP member ¡®exception¡¯ was that she did need to be a member to keep her job. The Consulate specifically advises applicants NOT to quit their jobs prior to receiving a visa.

3) There really is no formal procedure for quitting the party. Most people simply stop paying their dues. My wife did this after she got her K-1 visa and quit her government job. It took about 6 months before they told her she was no longer a member due to not paying her dues! I don¡¯t think they sent her anything in writing, not that she asked for it. We were already married and in the USA by then.

4) In fact, the ¡°Blue¡± and ¡°Yellow¡± Slips given out at the interview for ¡®past¡¯ CCP membership requires that you ¡°Provide a written statement from current/past employers verifying the person listed below does not belong to the Chinese Communist Party.¡± My wife did not have to do this since she admitted that she was a current member. Quitting before the interview would have caused an even bigger paperwork burden than having stayed a member!

 

I think that anyone who quits the party less than 5 years before their interview is not materially changing their qualification for the CCP membership exception based on ¡°non-meaningful and involuntary membership.¡±

 

 

Q: Which CCP members could have the most problems?

 

A: If the party member was anything other than a ¡®rank and file¡¯ member, they may have some problems. It shows that their membership may be something other than ¡®non-meaningful¡¯. This includes the following situations:

-The Person holds any higher than ¡®rank and file¡¯ member office(s) in the Party. If they hold any type of special passport (diplomatic, special or service) it could be a problem. A regular passport is much better.

-The person published or is otherwise on-record giving anti-US, anti-Democracy statements. This could violate the ¡°is not a threat to the security of the United States¡± provision. Any published ¡®praise¡¯ of the party would suggest the person was indeed ¡®ideologically committed¡¯ to the party¡¯s ideals and would go against the ¡°non-meaningful¡± membership exception. Consular personnel may Google CCP member visa applicant¡¯s names to see if they have any pro-communist ideology or anti-American publications or statements to their credit.

-The person is/was a member (especially an Officer) in the People¡¯s Liberation Army (PLA), Public Security Bureau (PSB), or is a Police Officer, Judge, Prosecutor or Intelligence Officer. I¡¯m sure various human rights groups keep track of individuals who are persecuting dissidents in China. Hopefully the US government does too, for the day when the CCP collapses and the (hopefully, democratic) new Chinese government and international courts want to know who to prosecute for human rights abuses¡­

-The person is closely related to a high-ranking or otherwise notorious Party member. They are sure to get extra scrutiny.

-Anyone who lied or tried to cover-up CCP membership or affiliation at any point in the immigration process. Those people are truly screwed.

 

 

 

Download MS Word Document contributed by member, Cathy & Bruce: CCP Essay

[david_dawei]

 

 

Q; Where can I find the exact Manuals that the Consular Officers use to do their job?

 

A: It all in the Foreign Affairs Manual #9 (FAM 9). You can read it all yourself here: 9FAM Manual

 

The sections of interest to K-1 visa applicants and CCP members are the following:

-9 Fam 40.34 Immigrant Membership in Totalitarian Party

-9 Fam 40.34 Notes www.state.gov/documents/organization/86972.pdf

-9 Fam 40.34 Procedural Notes

 

-9 Fam 41.81 Fianc(e) of a U.S. Citizen

-9 Fam 41.81 Notes

-9 Fam 41.81 Procedural Notes

 

-9 Fam 41.121 Refusal of Individual Visas

-9 Fam 41.121 Notes

-9 Fam 41.121 Procedural Notes

 

The reading is somewhat mind-numbing and sometimes seems contradictory, but this is where the Consular Officers are supposed to get their guidance. I found the most useful sections to be the “Notes.”

 

You will notice the use of several ‘buzz words’ or ‘catch phrases’ – these include:

 

-Not “A threat to the security of the United States”

 

-Membership was of a “mere rank-and-file nature” without active

participation in the activities of the organization.

 

-“Solely for the purpose of obtaining, retaining, changing, or advancing in employment commensurate with their educational background and experience.”

 

-“Membership for purposes of obtaining essentials of living”

 

-“Do not appear to have subscribed to communist ideology”

 

-“Immediate relief” and/or “an exception” under INA 212(a)(3)(D)(ii) for non-meaningful and involuntary membership

 

 

Q: What advice did you give your fiancé to prepare for the interview?

 

A: Below is the actual list of talking points I made for her. The most important piece of advice is BE HONEST! Don’t volunteer any more than asked but be prepared if they press you on any of these issues. It turned out that the Consular Officer didn’t ask much about her CCP membership and just smiled and said “Don’t worry, it’s not a big problem” when he handed her the Blue and Yellow Slips. He was right – it wasn’t a big problem – other than having to wait an extra three months for the visa! She did not have to have another interview, although she did have to return to Guangzhou to pick-up her pink slip and turn-in her passport once we got word the K-1 visa had been issued.

 

CCP Membership Talking Points: (Buzz-words in BOLD type)

 

-Parents and relatives are CCP members – they encouraged me

 

-Only top students were accepted – prestige

 

-Thought it would be good to have to get better employment – like joining a labor union. The sole purpose of my membership was to obtain, retain, change or advance my employment opportunities commensurate with my educational background and experience. Got extra points on my Civil Service Exam score.

 

-membership must be nominal and the applicant must demonstrate the lack of “ideological commitment to communism”

 

-- Those who temporarily join the Party, knowing nothing of its international relationships and believing it to be a group solely trying to remedy unsatisfactory social or economic conditions, carry out trade-union objectives, eliminate racial discrimination, combat unemployment, or alleviate distress and poverty can be eligible for an exception.

 

-Non-meaningful Association - membership in the Communist Party, but had an “unilluminating understanding of, and beliefs about, the principles of communism.

 

-Did not join for political reasons - Court held that an alien’s connection with the Communist Party must constitute a meaningful association and that Communist Party membership is not present when the dominating impulse to the affiliation is “wholly devoid of any ‘political’ implications. You are “Apolitical”

 

-Did not hold any CCP office.

 

-Did not attend political or ideological meetings or rallies

 

-Have never issued written or verbal statements espousing pro-communist ideology or anti-US, anti-religious or anti-democracy sentiments.

 

-No action required to maintain membership - To maintain membership do not have to re-take oaths or actively reassert belief in communist ideology. Membership dues are 30 yuan or less per month. No CCP ID card or special privileges for being a member. Hold a regular passport.

 

-Rank-and-file government workers in communist and communist-controlled countries, including those employed in the information media, are not presupposed to be inadmissible under INA 212(a)(3)(D). Their cases should be evaluated on the same basis as all other immigrant visa applicants.

 

-No training/experience or knowledge of firearms, explosives, chemicals, or any advanced technologies.

 

-Never served in Military, Police or intelligence apparatus. Not a spy.

 

-No direct or indirect involvement in human rights abuses, anti-democracy or anti-religious activities of the CCP. My job is apolitical and does not involve any CCP policy decisions.

 

-Resignation from CCP would be awkward, difficult and possibly hazardous to my career development.

 

-Intend to resign my job and party membership upon receipt of K-1 Visa and departure to the US.

 

All of these answers were, for her, the truth. You will have to modify these points based on the reality of you fiancé’s particular situation.

 

A good article written on this subject can be found at:

CCP and Consular Processing - See below

 

Download MS Word Document contributed by member, Cathy & Bruce: CCP Essay

[david_dawei]

 

Q: When exactly in the K-1 visa process does the issue of CCP membership come into play?

 

A: Interestingly, quite late in the game, not until the actual interview at the Guangzhou Consulate. K-1 visa applicants must fill-out and bring to the interview these two forms that specifically ask about CCP membership:

 

-DS-230 Part II section 40, question C asks if the applicant “is a member of… the Communist … Party” Notice that it doesn’t say “was” a member in the past, so a person who quit the day before the interview could technically be honest in saying “No”… However, they also require another form that asks more specific questions, the GNI-2… My fiancé answered “Yes” of course and underlined the word “Communist” just to be clear what she was answering yes to.

 

-GNI-2question #7 asks: “List all organizations or political parties you are now or have been a member of… since your sixteenth birthday.” That includes people who may have resigned from the CCP more than five years ago if they were over sixteen. Failing to mention the CCP on this question would be pretty untruthful. My fiancé wrote in “Chinese Communist Party” – the dates of her membership – and, under ‘type of membership/leadership positions’ she wrote “rank-and-file member, no offices held.”

 

-On the back of the GNI-2 is question C which asks if you “are, or at any time have been, … members of … any totalitarian party” should also be answered “Yes” since it is clear that the CCP is a “totalitarian party.” My fiancé wrote-in under the “Yes” “I am a member of the Chinese Communist Party.”

 

At the interview in Guangzhou, because of these answers admitting CCP membership, my fiancé was given a “Blue Slip” saying she was “ineligible under INA 221(g)* (Lacking Document/Further Processing)” and another “Yellow Slip” where she was asked to provide a “resume.” Other people in this situation are also asked to provide a “written statement” about their CCP membership but my fiancé already had the letter in hand. They did give us a fax number and cover letter to send the resume to save time.

 

I wish we had prepared the resume beforehand too – perhaps that could have sped-up the situation. I shall discuss the resume and Written Statement below and give you redacted copies of what my wife submitted. We ended up having to wait almost exactly 3 months before the K-1 visa was finally approved. We did not have to file an I-601 “Application for Waiver of Grounds of Inadmissibility” although we had prepared one for the interview (along with a personal check for $585 for the I-601 filing fee).

 

*INA 221(g) states: “No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law,” … (etc).

 

In hindsight, I wonder if it would have been better to voluntarily bring-up the CCP membership back on the I-129F form at the start of the process. The person approving the application (via the NOA-2) may end up saving you time in the long run if the CCP question is adjudicated and approved at that point in the process. Supposedly, any issues that have already been approved by the USCIS should not be re-challenged at the US Consulate. I wonder if anyone has had this experience? Of course, human nature is such that any couple with the CCP issue does not want to bring it up any earlier than necessary. They may still be thinking about lying about the membership to want to bring-up the issue so early. At the very least, bringing it up so early in the process shows that you have been transparent about the CCP membership from the very start.

 

After arrival in the US and your long-awaited marriage (congratulations!) one must file an I-485 form for the Adjustment of Status and part 3, question #6 asks:

 

“Have you EVER been a member of… the Communist Party…? Here too, any answer other than “Yes” would be criminal for past or present CCP members.

 

At our AOS interview the Officer asked me about this and I told him we had been honest about the CCP membership all along, including at the Consular interview, and that the issue had already been adjudicated. He said he wanted to check with a superior who was out of the office at that time so we left the interview without an approval in hand. The next day we received word that the AOS application had been approved and she got her Green Card 10 days later!

 

 

Q: I heard that some students who had their education paid-for by the CCP were told they must pay the money back before they can leave China. Is this true?

 

A:I have no personal experience with this since this was not the case for my fiancé. In any event, the US Consulate does not care about this. It is a CCP domestic issue. If the fiancé contacts the CCP to ask to resign and informs them of her intent to go to the US, I wouldn’t blame them for wanting their money back! I doubt that the airport officials would deny her departure with the K-1 visa in hand unless the CCP had specifically alerted them. There is no “Exit Visa” requirement anymore in China. Of course, when the fiancé/wife returns to visit China in the future, they may be taken to task about the money they owe since the Party will by then have figured out she has left the Party and, possibly, the country and the Chinese immigration people may have a flag on her in their computer system.

 

 

Q: What does the Consulate do with the Resume and Written Statement?

 

A: Probably not much. I sincerely doubt that the US Consulate calls or visits the schools and offices the applicant lists… “Hi, I’m Joe American from the US Consulate asking about Miss Wong’s attendance/employment here” would be pretty awkward… and possibly dangerous to all involved. Sending local agents to surreptitiously check on this would be tantamount to spying! I imagine that they check the name against any watch lists they may have and perhaps do a Google-type search of the name in Chinese to see what pops up. They have a database called CLASS (Consular Lookout and Support System). You may wish to Google your fiancé in English and Chinese to see what actually does pop-up – there may be someone with the same name that looks pretty bad and you need to address that your fiancé is NOT that person! Listing a school or office that doesn’t exist would be bad too.

 

I got no impression that they did a formal Security Advisory Opinion (“SAO”, code named “Visas Donkey”) on us but they could have and just not told us… they did NOT require us to submit an I-601 form Application for Waiver of Ground of Inadmissibility, which is used by applicants for immigrant visas, non-immigrant fiancé visas, V visas, and adjustment of status to request a waiver of various grounds of inadmissibility in the Immigration and Naturalization Act (INA). We had one ready just in case but never used it (along with a personal check for $585 for the I-601 filing fee).

 

Honestly, I think the “Additional Processing” is largely pro forma. They probably just stick the file on a shelf for a couple of months and then, if any hard-core anti-communist congressman asks, they can say they have been doing an exhaustive background check on the little commie and to rest assured they have no intention of letting any dangerous communist fiancés into the USA! Believe me, as a Police Officer, I ‘went through the motions’ more than once just to satisfy some big shot.

 

On a more serious note, IF your fiancé has very specialized technological skills, the US Consulate could legitimately be more worried about the very real danger of corporate and technological espionage. You would want to assure them that this is not the case.

 

The very fact that you are completely open and transparent about the CCP membership all along the process goes a long way towards showing your suitability for an exception to be granted. Any sign of quibbling or obfuscation really pisses them off and they will lay the burden of proof on you!

 

 

 

Download MS Word Document contributed by member, Cathy & Bruce: CCP Essay

[david_dawei]

 

 

Q: Does contacting my US Senator or local Congressman help at all?

 

A: I did contact my Congressman’s office while our CCP issue was being ‘processed’. They had a legislative aide help me by sending an inquiry expressing ‘interest’ in the outcome of our case. They were very nice but I’m not sure if it sped things up or not. I don’t think it hurt. They cannot influence the outcome of the case. I think they just make the adjudicators want to get your case off their desk as soon as possible so they don’t get pestered by them since they have a statutory requirement to respond to Members of Congress within a specific time frame. I think that a Congressman/woman works just as well as a US Senator but different individuals and their offices may be more responsive than others. I will say that, when our AOS application seemed to be stalled, I asked my Congressman’s office to send an inquiry and BAM! The next day our application was ‘coincidentally’ approved.

 

Note that we did not use an immigration lawyer. We did it all ourselves and, like the fairy tale, we are living happily ever after!

 

 

Q: What special paperwork should I prepare to address the CCP issue?

 

A: Several documents, listed here:

 

-Written Statement concerning membership in the CCP

 

-Resume/Curriculum Vitae listing all professional and educational history

 

-Letter from Petitioner stating he/she is aware of the CCP membership

 

-(Possibly) a statement(s) from current/past employers verifying the person does not belong to the Chinese Communist Party. Needed only if you have quit the party.

 

-An I-601 form prepared in case a waiver must be applied for.

 

All of these should be prepared for the K-1 visa interview in Guangzhou.

 

Here are redacted copies of what my fiancé actually submitted. Your letters and resume don’t have to look anything like these examples. Notice the use of ‘buzz words’ and that each Yellow Slip question was addressed:

 

 

Written Statement concerning membership in the CCP

 

The Yellow Slip gives specific instructions on what to include in your letter:

 

a. Name of the Communist or other totalitarian party to which he/she belong or belonged;

B. Reason for joining;

c. Dates of membership;

d. Any offices held;

e. Why he/she remained a member;

f. Any education or standard of living benefits gained by membership;

g. Degree to which he/she accepts(ed) the structure, goals, methods, and practices of the party;

h. If he/she terminated the association, the date of termination and reasons for terminating.

 

GUZXXXXXXXXXXX (case #)

 

From: XXXX, Xxxxxxx (Beneficiary of K-1 Petitioner Xxxxx XXXXXXX)

 

To: Consular Officer, Guangzhou US Consulate

 

Subject: Statement about membership in the CCP

 

Date: (date about one week before the interview)

 

Dear Consular Officer,

 

I am currently a rank-and-file member of the Chinese Communist Party (CCP). I wish to provide a full disclosure of my membership in the CCP for the processing of my K-1 Visa application. My fiancé told me that you will want to examine my association with the CCP as a potential finding of inadmissibility under INA 212(a)(3)(D)(i), but with immediate relief and/or an exception under INA 212(a)(3)(D)(ii) for non-meaningful and involuntary membership.

 

Because I got excellent marks in all courses and was good at all kinds of apolitical school activities, I was recruited into the CCP membership in XXXX 19XX, while I was a college student at the XXXXXXXX University in XXXXXXX, my home town. At that time, it was very difficult for college graduates to obtain a good stable job. I joined the party because the CCP membership would help me get extra points on the Civil Service Exam. My parents and friends all urged me to join the party and hoped I could get and keep a good stable job.

 

When I joined I was entirely apolitical. I didn’t care about the communist ideology and I didn’t have to participate in any political activities. I just wanted some help to get a good stable job.

 

I received a college degree in XXXXXX in XXXXX 19XX right after I joined the CCP. In XXXXXX 19XX, I received 3 extra points on my Civil Service Exam for being a CCP member, and got a stable job near my parents’ home in the (City) Government Office. I am a general office worker. My job is a low-level position and does not involve any policy decisions or political activities; I just do normal office work. It is a clean, respectable job. I have been apolitical the whole time.

 

I have never held any office in the CCP. I don’t care about that. Until I met my fiancé, I had no idea that being a CCP member would cause any problems for me. I never expected to meet an American, fall in love and go to America. I told my fiancé that I was a party member when we first met. Later, when we got engaged, I told him that I can resign from the party and quit my job but he said to wait until my interview because there are exceptions to the regulations and since I am not a threat to the security of the USA, it should not be a problem.

 

I have stayed a party member because 1), it would be awkward for me to resign. There really isn’t any mechanism to easily resign and still keep my job. All of my coworkers are CCP members and I might be stigmatized. I need the job to support myself; and 2), it is easy to maintain my membership – only 30 yuan (about US$5) per month payable every three months and I only attend mandatory annual meetings.

 

I have never done any political activities against the USA. I have never made any statements – written or verbally – against the USA or anybody else. Outside of my job, I don’t have any special privileges for being a CCP member. I don’t have a CCP membership ID card or special passport. I have never been in the military or in any police, security, intelligence or political jobs. I don’t have any special technological education, skills or experience. I just want to marry Xxxxx and live a quiet life.

 

Thank you for your time and favorable consideration.

 

 

 

Download MS Word Document contributed by member, Cathy & Bruce: CCP Essay

[david_dawei]

 

Resume/Curriculum Vitae listing all professional and educational history

 

The “Yellow Slip” instructions for a “resume” are:

 

“Provide a detailed resume (in both Chinese and English) for the applicant(s) listed below, including all professional and educational history. Include a complete list of all your employers, all specific job responsibilities and projects, and any publications you have written. Note title, description and dates of all publications. Be comprehensive as possible.”

 

Case Number: XXXXXXXXXXX

 

Applicant: XXX, Xxxxxx (English & Chinese)

 

Date:

 

Subject: I am a K-1 visa applicant. The Visa Officer gave me a ‘blue slip’ under INA 221(g) requesting a detailed resume of my educational and employment background. I am requesting immediate relief and/or an exception under INA 212(a)(3)(D)(ii) for non-meaningful and involuntary membership since I have never subscribed to communist ideology and only joined the CCP to obtain and retain employment as outlined in 9 FAM 40.34 N6.4-2.

 

RESUME：

1、 Dates of Attendance: From Month Year to Month Year

Name of Institution: Xxxxxxxxx Middle School X XXXX中学

Address/Telephone No.:

Course of Study: Common Courses of Middle School普通中学课程

 

2、 Dates of Attendance: From Month Year to Month Year

Name of Institution: Xxxxxxx Senior Middle School X XXX中学Address/Telephone No.:

Course of Study: Common Courses of Senior Middle School普通高中课程

 

3、 Dates of Attendance: From Month Year to Month Year

Name of Institution: Xxxxxxx University X XXX学院 Address/Telephone No.: Course of Study: XXXXXX XXXXXX XXXX

 

Because I got excellent marks in all courses and was good at all kinds of apolitical school activities, I was recruited into the CCP membership right before I received a college degree in XXXXXX in Month Year. I joined the CCP just because I wanted some help to get a good stable job.

由于我在大学期间各学科学习成绩都很优秀，并经常参加学校组织的学生课余活动获奖，19XX年X月在获得XX大专学历毕业前夕，我被吸收为中共党员。我当时入党是为了毕业后能有助于找到一份稳定的公务员工作。

 

4、 From Month Year to Month Year, I stayed at home and prepared for the Civil Service Exam after graduation. In Month Year, I received 3 extra points on my Civil Service Exam for being a CCP member, and got a stable job in General Office of the CITY Government.

19XX年X月至X月，我大专毕业后在家自习准备参加公务员考试。

19XX年XX月，我在公务员考试中因有党员身份另加了3分，考取了X XXXXXX的公务员。

 

5、 Dates of Attendance: From Month Year to present

Occupation: General Office of the CITY Government X XXXXXX Address/Telephone No.:

 

I have been working in General Office of the CITY Government since I graduated. I am a general office worker. I don’t have any special technological education, skills or experience. I just do normal office work. My job responsibilities and projects are to deal with correspondence, answer phones, take messages, deliver papers and correct misprints. My job is a low-level position and does not involve any policy decisions or political activities. I have never written any publications.

我大专毕业后一直在XXXXXXX工作。我是一名普通公务员，我从没有任何特殊技术，技能的教育或经历。我从事的只是普通办公室工作。我的工作职责和项目是处理信函，接听电话，传达信息，传送文书和校对文字。我的工作是很低层的办公室工作，并不参与任何政策决策或政治活动。我从没撰写过任何出版物。

 

I have never held any office in the CCP. I am a rank and file member. I have never done any political activities against the USA. I have never made any statements – written or verbally – against the USA.

我从没担任任何党内职务。我只是一名普通党员。我从没参与任何反对美国的政治活动。我从没发表过任何书面或口头反对美国的言论。

 

Because I can’t quit my job before I get the visa, I have to keep my CCP membership. If I get the visa, I will quit my job and the CCP membership. I will marry Xxxxx and live a quiet happy life.

因为在获得签证前我不能辞职，我现在还是党员。如果获得签证，我将辞职并退去中共党员关系。我将和Xxxxx结婚，过平静快乐的生活。

 

Thank you for your time and favorable consideration.

 

 

 

Letter from Petitioner stating he/she is aware of the CCP membership

 

From: (NAME), Petitioner GUZXXXXXXXXXX

 

To: Consular Officer, Guangzhou US Consulate

 

Subject: Petitioner’s knowledge of Beneficiary’s membership in the CCP

 

Date: (DATE)

 

Dear Consular Officer,

 

This letter is to inform you that I am aware of my Fiancé XXXX XXXX’s membership in the Chinese Communist Party and further that I still love her and want to marry her as soon as practicable under the provisions of the K-1 visa.

 

She told me of her membership the day we first met (Date) and I have subsequently questioned her fully as to her involvement in the CCP.

 

Based on my knowledge of Miss XXXX’s association with the CCP, I have no problems with her membership as it is merely of a rank-and-file nature with no ideological commitment on her part. I am confident that it is non-meaningful in her daily life and that she only joined to obtain employment. Her continued membership requires almost no effort and to renounce her membership prior to her quitting her job to come to the US could cause difficulties. Resigning the CCP now would not materially change her qualifications for relief from inadmissibility.

 

Although I am not a lawyer or Consular Officer, I have studied the pertinent sections of 8 USC 1182(a)(3)(D) and 9 FAM 43.34 and it seems pretty straightforward that her association with the CCP falls within the exceptions provided. I have attached pages listing those provisions and highlighted key points that I believe make the case for relief.

 

I am confident that your interview with Miss XXXX, and your favorable use of your discretion, will result in relief from inadmissibility by granting an exception under INA 212(a)(3)(D)(ii) so that she can quickly leave her job and renounce her party membership and come to America to marry me and start a new life together.

 

Sincerely,

(Petitioner’s Name)

 

 

Attached: Excerpts from FAM regarding exceptions for grounds of inadmissibility. (with highlighted words/phrases)

 

(As I recall, my fiancé showed this letter to the Consular Officer at the interview and he read it, but did not keep it.)

 

 

 

I-601 form prepared in case a waiver must be applied for.

 

We didn’t use it. This statement appears on pages 3 and 10:

 

 

I am a member of the Chinese Communist Party (CCP), from Month Year to the present.

 

My membership is non-meaningful; I only joined for employment opportunities. I am apolitical. I have never been active in any political activities of the CCP; my membership is nominal, just rank-and-file. I only pay the dues and only attend mandatory annual meetings. I am a low-level employee, a general office worker for the local government office. I have not held any offices in the CCP and do not have any special privileges or a special passport. I just need to be a member for my job. I have been completely honest about my membership.

 

I am engaged to Petitioner’s Name, a US citizen by birth and he has petitioned for a K-1 Fiancée Visa for me. He has been aware of my CCP membership since the day we first met. We love each other and have a genuine relationship. Once the K-1 Visa is issued and I can make arrangements to come to America to get married, I will quit my job and renounce my membership in the CCP.

 

I am not in any way a threat to the security of the United States. I have never been in the military or in any police, security, intelligence or political jobs. My degree is in XXXXXX. I have no education or knowledge of any advanced technologies.

 

My fiancé and I studied the relevant INA sections and I believed I qualified for an exception under INA 212(a)(3)(D)(ii), for involuntary past or present membership, but the Consular Officer in Guangzhou did not agree, so I must apply for a waiver under INA 212(a)(3)(D)(iv) and submit this I-601 form. I think that I qualify for a waiver.

 

Please allow me and my finance, for humanitarian purposes, to marry and live together as a family in the US. We are looking forward to your favorable exercise of discretion in our case. Thank you.

 

 

 

Download MS Word Document contributed by member, Cathy & Bruce: CCP Essay

[david_dawei]

---------------------------------

Member's experience and comments

---------------------------------

 

I agree this is an excellent write-up and mirrors much of my wife's and my experience filing DCF CR-1 with a CCP background

 

However I disagree with his statement the consulate does nothing with the statement and resume.

 

The consulate needs a legal statement as to the the nature of the communist party membership. As he quite thoroughly describes, there are certain key phrases that establishes whether the beneficiary is eligible for the exception. If that is all that was needed, the VO would be able to approve the visa the same day.

 

I believe the resume is required since it forms the basis of the background check (SAO) in Washington. It is quite likely that the actual background check uses a few key data points from the resume and may be done in a matter of minutes. Like most of this process, almost all of the waiting time your case is sitting in one pile or another. Reading on this site about the history of the 'Black Hole' I would be shocked if they are doing no background check at all.

 

Also, my suspicion is if you provided the statement and resume upfront with the petition (I-129/I-130) the net effect would be to slow down the approval of the petition and the background check post-interview would still be required. It might be an interesting experiment for someone to try but I would not volunteer my case.