AOS: When if at all to have an I-601 ready for CCP Membership

[homerjay1011]

Hi everyone,

 

Thanks as always for all the help! I cannot thank y’all enough for the support and aid y’all have provided in this crazy process!

 

We made it through the interview for her K1 just fine without the CCP membership being an issue. As we near the time to submit our I-485, I’m wondering if it’s necessary to frontload the application with the I-601 for the CCP membership or to wait and see if it ever becomes an issue.

 

On a totally unrelated note, have any of your Chinese spouses changed their last names? It seems like that would cause issues with having a Chinese passport with a different name when traveling in the future.

 

Thanks again everyone!

[Greg.D.]

They will so you about it at the adjustment interview. Just bring your letter, if you would like - you bring all your evidence to the interview.

 

But, they have prepared questions. And, yes, your decision will await another FBI check.

 

In Denver, we married and went over to the social security office where we first used her new (last) name. Here (Colorado), one does not change last name in the act of a legal marriage, but, following common law, one just starts using the new name.

 

Won't go into detail, but it's caused a ton of problems.

 

And, yes, she is traveling on her maiden name in China right now. But, our son, with a US passport and birth certificate - showing MY name as his last name, had to use her maiden name on his travel card (in Chinese). They don't have too much use for foreign names during travel.

 

Somebody will follow up with more advice re passport and maiden name

[Randy W]

Hi everyone,

 

Thanks as always for all the help! I cannot thank y’all enough for the support and aid y’all have provided in this crazy process!

 

We made it through the interview for her K1 just fine without the CCP membership being an issue. As we near the time to submit our I-485, I’m wondering if it’s necessary to frontload the application with the I-601 for the CCP membership or to wait and see if it ever becomes an issue.

 

On a totally unrelated note, have any of your Chinese spouses changed their last names? It seems like that would cause issues with having a Chinese passport with a different name when traveling in the future.

 

Thanks again everyone!

 

 

You can get an addendum to her Chinese passport to indicate the "alias". Otherwise, your marriage certificate will usually serve the same purpose.

 

Edit: ticket name needs to agree with passport name

Edited June 10, 2018 by Randy W (see edit history)

[Randy W]

They will so you about it at the adjustment interview. Just bring your letter, if you would like - you bring all your evidence to the interview.

 

But, they have prepared questions. And, yes, your decision will await another FBI check.

 

In Denver, we married and went over to the social security office where we first used her new (last) name. Here (Colorado), one does not change last name in the act of a legal marriage, but, following common law, one just starts using the new name.

 

Won't go into detail, but it's caused a ton of problems.

 

And, yes, she is traveling on her maiden name in China right now. But, our son, with a US passport and birth certificate - showing MY name as his last name, had to use her maiden name on his travel card (in Chinese). They don't have too much use for foreign names during travel.

 

Somebody will follow up with more advice re passport and maiden name

 

 

I'll add to this that Greg's son is considered a Chinese citizen by the Chinese government, since his mother didn't have her green card at the time of his birth. This is why he needs a Chinese name.

 

Greg - will she be able to renounce his citizenship on this trip?

[Randy W]

Hi everyone,

 

Thanks as always for all the help! I cannot thank y’all enough for the support and aid y’all have provided in this crazy process!

 

We made it through the interview for her K1 just fine without the CCP membership being an issue. As we near the time to submit our I-485, I’m wondering if it’s necessary to frontload the application with the I-601 for the CCP membership or to wait and see if it ever becomes an issue.

 

On a totally unrelated note, have any of your Chinese spouses changed their last names? It seems like that would cause issues with having a Chinese passport with a different name when traveling in the future.

 

Thanks again everyone!

 

 

Of course, you can fill it out anytime you want, but, for now, there's nothing to waive.

 

They'll let you know.

[homerjay1011]

Gotcha. I filled it out awhile ago just in case we needed it for the interview, so all I have to do is edit it so that it reflects her current status.

 

I believe in TN, where we will get married, one can change last name as part of a legal act of marriage. But, it’s good to know it won’t cause any issues for her passport and travel in China. Is it even necessary to get an addendum to her Chinese passport?

[Randy W]

Gotcha. I filled it out awhile ago just in case we needed it for the interview, so all I have to do is edit it so that it reflects her current status.

 

I believe in TN, where we will get married, one can change last name as part of a legal act of marriage. But, it’s good to know it won’t cause any issues for her passport and travel in China. Is it even necessary to get an addendum to her Chinese passport?

 

 

 

You can get an addendum to her Chinese passport to indicate the "alias". Otherwise, your marriage certificate will usually serve the same purpose.

 

It's up to you to decide if the trip to the consulate is worth the time and expense.

Edited June 11, 2018 by Randy W (see edit history)

[Greg.D.]

Re: child's citizenship

We'll go together in next year to renounce it; can only be done there with all of us present.

 

We're a little smarter now and are expecting China consulate to do a mobile tour next Spring through Denver where she will ask her married name to be added to her passport - again, they will always want her original name in her/their records. Do they actually change her passport? Probably just official, stamped entries somewhere.

 

Her green card was printed with her un-married name - just the last (so far) of many mistakes the Denver USCIS made for us (they ordered it by phone right in front of us). This fouls driver's license and banking.

 

Our experience is why I now lean towards marrying in China and applying for a spousal visa rather than the K1/fiancé strategy.

[Randy W]

Re: child's citizenship

We'll go together in next year to renounce it; can only be done there with all of us present.

 

We're a little smarter now and are expecting China consulate to do a mobile tour next Spring through Denver where she will ask her married name to be added to her passport - again, they will always want her original name in her/their records. Do they actually change her passport? Probably just official, stamped entries somewhere.

 

Her green card was printed with her un-married name - just the last (so far) of many mistakes the Denver USCIS made for us (they ordered it by phone right in front of us). This fouls driver's license and banking.

 

Our experience is why I now lean towards marrying in China and applying for a spousal visa rather than the K1/fiancé strategy.

 

The passport will always be in her Chinese name - the "change" will be an addendum, a page added to her passport as an alias, "also known as . . ."

[homerjay1011]

Hi y'all! I'm in the process of going through the I-485 with my now wife (tied the knot yesterday ) and I've gotten to Part 8 Question 1 which asks "Have you EVER been a member of, involved in, or in any way associated with any organization, association, fund, foundation, party, club, society, or similar group in the United States or in the world including military service?"

 

It seems we would have to put down the CCP in this case, and because of this submit the waiver too. What do y'all think?

 

Thanks for the help everyone!

[Randy W]

Hi y'all! I'm in the process of going through the I-485 with my now wife (tied the knot yesterday ) and I've gotten to Part 8 Question 1 which asks "Have you EVER been a member of, involved in, or in any way associated with any organization, association, fund, foundation, party, club, society, or similar group in the United States or in the world including military service?"

 

It seems we would have to put down the CCP in this case, and because of this submit the waiver too. What do y'all think?

 

Thanks for the help everyone!

 

 

Congratulations!

 

I think the filing fee is $930 and that it may complicate the processing of her I-485, since you would be CLAIMING inadmissability.

 

if you are truly that concerned, you may wish to discuss her EXACT situation with a good immigration lawyer.

[Greg.D.]

Since you've gotten this far you know the rule: absolute honesty at all steps.

 

They will ask you/her about party membership at the AOS interview, too, based on this answer. And, afterwards, your case will go to FBI for background check (again - did it once already for the K1). Assuming lowlevel cadreship/grunt status, it will just be a hiccup.

 

Letters from USCIS are non-forwardable so be sure your name is associated with the address used (like your name on the mailbox) and a change of address should be promptly uploaded.

 

Good luck!

[dnoblett]

My wife served in the Chinese Army, we noted that and it never came up, our I-485 was processed through and automatically approved without interview.

 

Be honest, answer the question and wait for an interview, if this came up at the K-1 interview and was waived, then it should not be an issue at adjustment of status.

[homerjay1011]

 

Hi y'all! I'm in the process of going through the I-485 with my now wife (tied the knot yesterday ) and I've gotten to Part 8 Question 1 which asks "Have you EVER been a member of, involved in, or in any way associated with any organization, association, fund, foundation, party, club, society, or similar group in the United States or in the world including military service?"

 

It seems we would have to put down the CCP in this case, and because of this submit the waiver too. What do y'all think?

 

Thanks for the help everyone!

 

 

Congratulations!

 

I think the filing fee is $930 and that it may complicate the processing of her I-485, since you would be CLAIMING inadmissability.

 

if you are truly that concerned, you may wish to discuss her EXACT situation with a good immigration lawyer.

 

 

Thanks!! We're super excited as you can imagine!!

 

 

Since you've gotten this far you know the rule: absolute honesty at all steps.

 

They will ask you/her about party membership at the AOS interview, too, based on this answer. And, afterwards, your case will go to FBI for background check (again - did it once already for the K1). Assuming lowlevel cadreship/grunt status, it will just be a hiccup.

 

Letters from USCIS are non-forwardable so be sure your name is associated with the address used (like your name on the mailbox) and a change of address should be promptly uploaded.

 

Good luck!

 

My wife served in the Chinese Army, we noted that and it never came up, our I-485 was processed through and automatically approved without interview.

 

Be honest, answer the question and wait for an interview, if this came up at the K-1 interview and was waived, then it should not be an issue at adjustment of status.

 

 

From what dnoblett and Greg have said regarding this, it might be best to send it in and see if anything comes back about the communist party thing. Like y'all said, we did make it through the K-1 interview where it very much came up, so hopefully it wouldn't be an issue at adjustment of status. I mean the conular officer deemed her admissible, so it would be pretty ridiculous that they don't deem her admissible at this stage. Plus all her responses were definitely entered into some file for her on the computer, so whatever AOS officer/official/whoever reads her I-485 will have access to that.

 

Anyways, my only follow up to this would be, in the (hopefully) very unlikely case that she is deemed inadmissible, would we have an opportunity to submit the I-601 at that point?

[dnoblett]

Anyways, my only follow up to this would be, in the (hopefully) very unlikely case that she is deemed inadmissible, would we have an opportunity to submit the I-601 at that point?

Correct this is a non issue, if it does come up they will request a waiver, however in all of my time on the board it has never come up in a K-1 AOS case.

 

Only once have I seen it cause an issue when someone applied and interviewed for citizenship, It came up at interview, the applicant gave an answer to the interviewing officer that they did not like so they were told to apply for citizenship again in a couple years.