In Administrative Processing for 8 months and counting

[baicai89]

Hi all,

 

I only found this website a month or so ago, but it's been so helpful in explaining the whole visa process. I wish I would have found it sooner! I'm hoping to get some advice on our current position. I was teaching in China for 3 years, and we submitted the I-130 in April of 2015 while I was still under contract for a couple of months. Since we had no idea how long this whole thing would take, we figured that I should go back to the US instead of coming back for another year of teaching. If only we had known!

 

My wife had her visa interview for a CR-1 back in August of 2015. She had answered truthfully to the question about being a member of the CPC, so she needed to submit more information regarding her involvement. I helped her draft the answers. It seemed pretty straight forward to me. She had only joined before getting out of college because her parents said it would help her find a job post graduation. It didn't end up doing anything overt. She's a music teacher by trade so maybe being a CPC member looked better on her job application, but their was never any express statement that it was a requirement for her job. She worked at that school for 2 years, then we moved so I could take a new teaching job. At that point she stopped paying her dues, which she said was a simple way to have her membership lapse. I knew that that the CPC membership would be an issue, but I felt her particular case was so superficial that it wouldn't really be a hangup. I was dead wrong.

 

I went back to the US in July and was living with my parents while looking to move. I contacted the local Congressman in November. They got the same reply from the embassy: "administrative processing." After I moved I was in a new congressional district, so in January I reached out to that Congresswoman. Her office was much nicer, but in the end they got the same answer. With February being Spring Festival this year, my wife was pretty miserable and begged me to come back to spend some time with her. Her parents, who she's been living with, have been particularly awful throughout this whole process. They don't understand anything about how the visa application process works and won't listen to my wife when she tries to explain the realities. Her dad still doesn't believe it has anything to do with her CPC membership.

 

I had a job that I could do remotely, so I booked a ticket and came to China just before Spring Festival. I've been here about 3 months on a 120 day visa. We keep expecting there to be a change with her visa status, but there's been no movement at all since she submitted the additional documentation at the beginning of September. I contacted a sentor's office about a month ago, and they're still getting the same stock response. Needless to say my wife and I are pretty miserable and tired of the not knowing.

 

At this point, I'm wondering if talking to a lawyer about a writ of mandamus would be worth the money. Does anyone have any advice for this particular situation? I could recontact the congresswoman's office since it's been more than 90 days since they asked, but I feel like the 3 separate government officials have had no effect.

 

Any advice you all have would be greatly appreciated!

[Randy W]

Two things to look into

 

An excellent write-up on the CCP issue - CCP Membership Issues

 

- AND -

 

The Doctrine of Consular Non-Reviewability (a Google link)

 

The Doctrine of Consular Non-Reviewability (a CFL search link)

 

 

Basically, your attorney can do nothing to legally force their hand or hold them accountable in any way.

They are required by law to investigate the membership, and are accountable to no one.

 

Sometimes, however, rattling the cage every 90 days OR from different sources like you are doing CAN have an effect. It'll at least let 'em know you're still there.

Edited May 18, 2016 by Randy W (see edit history)

[baicai89]

Thanks for your reply Randy. It helps clear up what the non-reviewability really means. So I guess I'm stuck with hounding my representatives ever 60-90 days and hoping that annoys the embassy enough to finish the darn thing.

[Randy W]

Exactly! Well put!