My Girl Is a Commie
Nov 9th 2004, 2:03 am
#1
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Thread Starter
Joined: Nov 2004
Posts: 7
My Girl Is a Commie
Hi,
My girl is from China and joined the Communist Party while in school because she thought it would be good for her career. Now she has a really good job in Chinese Government. We have read the Immigration Laws that states being a Communist Party Member is potentially grounds for denial:
http://travel.state.gov/visa/frvi_waivers2.html
The above quote shows that there are exceptions for involuntary membership, or if we were already married, or if she quit so long ago that nobody gives a damn.
Unfortunately, when she joined, it wasn't really involuntary - nobody put a gun to her head and said "join or else." She was still a student and there was no direct job issue. She thought it would be a good idea, considering her field. In fact, something like 80% of her classmates joined, too. And it WAS a good idea. She probably would not have gotten her great job if she wasn't a member, and they would probably fire her now if she quit. She asked around at work and several people have told her that at the least, there would be "an investigation." And it would reflect poorly on her advisor who recommended her.
We could go for the "spousal exception," except, of course, we aren't married. And the text about the "Attorney General's discretion" scares us. Isn't the Attorney General a busy guy? Does he have to consider our case individually? How long would that take??!?!
I have seen this topic raised on various sites, including CandleForLove.com, which is devoted to Chinese -> USA immigration. There they seem to have concluded that if one quits the party right before the interview, one can honestly check "No" on the DS-230 where it asks if you are currently a member, and it will be no problem. But as I said above, she is reluctant to quit the CP because if she does, and her VISA is denied for any reason, she's out of a job. Talk about double jeopardy...
What we are currently thinking of is just having her stick with the party and being as honest as possible about it, maybe writing a letter explaining why she is a member and that she would suffer harsh consquences if she quit (without getting the VISA first). She is certainly not the type of communist that advocates running over protestors with tanks! In fact, she was among many chinese people who were appalled by Tienamen Square. But until she met me, she always thought she'd live in China forever. People in the US and Great Britain see things they don't like about their country too, but they join political movements to try to be part of the solution. That's all my girl really did. She thought she might be able to add her voice to make it less totalitarian, more westernized. It seems to me that it would be a great irony if we get our VISA denied for that!
Does anyone have any experience with this issue? We know some people just lie and say they are not members and hope the US govt won't find out. But we don't want to do that if we can avoid it. Can we avoid it? Is it possible to just say "yes, I'm a communist, but I'll quit if I get the VISA?" My fiance is so small and cute! She isn't a threat to anybody!!!!!
My girl is from China and joined the Communist Party while in school because she thought it would be good for her career. Now she has a really good job in Chinese Government. We have read the Immigration Laws that states being a Communist Party Member is potentially grounds for denial:
http://travel.state.gov/visa/frvi_waivers2.html
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.
(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.
(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-
(a) 2 years before the date of such application, or
(b) 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.
(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.
(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.
(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-
(a) 2 years before the date of such application, or
(b) 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.
Unfortunately, when she joined, it wasn't really involuntary - nobody put a gun to her head and said "join or else." She was still a student and there was no direct job issue. She thought it would be a good idea, considering her field. In fact, something like 80% of her classmates joined, too. And it WAS a good idea. She probably would not have gotten her great job if she wasn't a member, and they would probably fire her now if she quit. She asked around at work and several people have told her that at the least, there would be "an investigation." And it would reflect poorly on her advisor who recommended her.
We could go for the "spousal exception," except, of course, we aren't married. And the text about the "Attorney General's discretion" scares us. Isn't the Attorney General a busy guy? Does he have to consider our case individually? How long would that take??!?!
I have seen this topic raised on various sites, including CandleForLove.com, which is devoted to Chinese -> USA immigration. There they seem to have concluded that if one quits the party right before the interview, one can honestly check "No" on the DS-230 where it asks if you are currently a member, and it will be no problem. But as I said above, she is reluctant to quit the CP because if she does, and her VISA is denied for any reason, she's out of a job. Talk about double jeopardy...
What we are currently thinking of is just having her stick with the party and being as honest as possible about it, maybe writing a letter explaining why she is a member and that she would suffer harsh consquences if she quit (without getting the VISA first). She is certainly not the type of communist that advocates running over protestors with tanks! In fact, she was among many chinese people who were appalled by Tienamen Square. But until she met me, she always thought she'd live in China forever. People in the US and Great Britain see things they don't like about their country too, but they join political movements to try to be part of the solution. That's all my girl really did. She thought she might be able to add her voice to make it less totalitarian, more westernized. It seems to me that it would be a great irony if we get our VISA denied for that!
Does anyone have any experience with this issue? We know some people just lie and say they are not members and hope the US govt won't find out. But we don't want to do that if we can avoid it. Can we avoid it? Is it possible to just say "yes, I'm a communist, but I'll quit if I get the VISA?" My fiance is so small and cute! She isn't a threat to anybody!!!!!
Nov 9th 2004, 2:31 am
#2
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: My Girl Is a Commie
Originally Posted by My Girl Is a Commie
She is certainly not the type of communist that advocates running over protestors with tanks!
My fiance is so small and cute! She isn't a threat to anybody!
Ian
Nov 9th 2004, 3:12 am
#3
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: My Girl Is a Commie
Originally Posted by My Girl Is a Commie
Hi,
My girl is from China and joined the Communist Party while in school because she thought it would be good for her career. Now she has a really good job in Chinese Government. We have read the Immigration Laws that states being a Communist Party Member is potentially grounds for denial:
http://travel.state.gov/visa/frvi_waivers2.html
The above quote shows that there are exceptions for involuntary membership, or if we were already married, or if she quit so long ago that nobody gives a damn.
Unfortunately, when she joined, it wasn't really involuntary - nobody put a gun to her head and said "join or else." She was still a student and there was no direct job issue. She thought it would be a good idea, considering her field. In fact, something like 80% of her classmates joined, too. And it WAS a good idea. She probably would not have gotten her great job if she wasn't a member, and they would probably fire her now if she quit. She asked around at work and several people have told her that at the least, there would be "an investigation." And it would reflect poorly on her advisor who recommended her.
We could go for the "spousal exception," except, of course, we aren't married. And the text about the "Attorney General's discretion" scares us. Isn't the Attorney General a busy guy? Does he have to consider our case individually? How long would that take??!?!
I have seen this topic raised on various sites, including CandleForLove.com, which is devoted to Chinese -> USA immigration. There they seem to have concluded that if one quits the party right before the interview, one can honestly check "No" on the DS-230 where it asks if you are currently a member, and it will be no problem. But as I said above, she is reluctant to quit the CP because if she does, and her VISA is denied for any reason, she's out of a job. Talk about double jeopardy...
What we are currently thinking of is just having her stick with the party and being as honest as possible about it, maybe writing a letter explaining why she is a member and that she would suffer harsh consquences if she quit (without getting the VISA first). She is certainly not the type of communist that advocates running over protestors with tanks! In fact, she was among many chinese people who were appalled by Tienamen Square. But until she met me, she always thought she'd live in China forever. People in the US and Great Britain see things they don't like about their country too, but they join political movements to try to be part of the solution. That's all my girl really did. She thought she might be able to add her voice to make it less totalitarian, more westernized. It seems to me that it would be a great irony if we get our VISA denied for that!
Does anyone have any experience with this issue? We know some people just lie and say they are not members and hope the US govt won't find out. But we don't want to do that if we can avoid it. Can we avoid it? Is it possible to just say "yes, I'm a communist, but I'll quit if I get the VISA?" My fiance is so small and cute! She isn't a threat to anybody!!!!!
My girl is from China and joined the Communist Party while in school because she thought it would be good for her career. Now she has a really good job in Chinese Government. We have read the Immigration Laws that states being a Communist Party Member is potentially grounds for denial:
http://travel.state.gov/visa/frvi_waivers2.html
The above quote shows that there are exceptions for involuntary membership, or if we were already married, or if she quit so long ago that nobody gives a damn.
Unfortunately, when she joined, it wasn't really involuntary - nobody put a gun to her head and said "join or else." She was still a student and there was no direct job issue. She thought it would be a good idea, considering her field. In fact, something like 80% of her classmates joined, too. And it WAS a good idea. She probably would not have gotten her great job if she wasn't a member, and they would probably fire her now if she quit. She asked around at work and several people have told her that at the least, there would be "an investigation." And it would reflect poorly on her advisor who recommended her.
We could go for the "spousal exception," except, of course, we aren't married. And the text about the "Attorney General's discretion" scares us. Isn't the Attorney General a busy guy? Does he have to consider our case individually? How long would that take??!?!
I have seen this topic raised on various sites, including CandleForLove.com, which is devoted to Chinese -> USA immigration. There they seem to have concluded that if one quits the party right before the interview, one can honestly check "No" on the DS-230 where it asks if you are currently a member, and it will be no problem. But as I said above, she is reluctant to quit the CP because if she does, and her VISA is denied for any reason, she's out of a job. Talk about double jeopardy...
What we are currently thinking of is just having her stick with the party and being as honest as possible about it, maybe writing a letter explaining why she is a member and that she would suffer harsh consquences if she quit (without getting the VISA first). She is certainly not the type of communist that advocates running over protestors with tanks! In fact, she was among many chinese people who were appalled by Tienamen Square. But until she met me, she always thought she'd live in China forever. People in the US and Great Britain see things they don't like about their country too, but they join political movements to try to be part of the solution. That's all my girl really did. She thought she might be able to add her voice to make it less totalitarian, more westernized. It seems to me that it would be a great irony if we get our VISA denied for that!
Does anyone have any experience with this issue? We know some people just lie and say they are not members and hope the US govt won't find out. But we don't want to do that if we can avoid it. Can we avoid it? Is it possible to just say "yes, I'm a communist, but I'll quit if I get the VISA?" My fiance is so small and cute! She isn't a threat to anybody!!!!!
From your posting, it seems that she intents to immigrate by an employment based visa -- and then live with you without getting married?
The CP issue aside, what do you plan to do? Why have you ruled out the K-1 route?
Again, you are not all that clear on the context of your question and leave a lot of questions.
Nov 9th 2004, 4:32 am
#4
Cool Member
Joined: Jul 2004
Location: Oregon
Posts: 1,084
Re: My Girl Is a Commie
Originally Posted by My Girl Is a Commie
My fiance is so small and cute! She isn't a threat to anybody!!!!!
Good Luck!
Marnee
Nov 9th 2004, 4:39 am
#5
Guest
Posts: n/a
Re: My Girl Is a Commie
My Girl Is a Commie wrote:
> Hi,
>
> My girl is from China and joined the Communist Party while in school
> because she thought it would be good for her career. Now she has a
> really good job in Chinese Government. We have read the Immigration
> Laws that states being a Communist Party Member is potentially grounds
> for denial:
>
> http://travel.state.gov/visa/frvi_waivers2.html
>
>
>
> The above quote shows that there are exceptions for involuntary
> membership, or if we were already married, or if she quit so long ago
> that nobody gives a damn.
Have you looked under:
iii) Exception for past membership.
Applies if she quit 2 years before applying for admission to the US.
So, she needs to quit now and apply in 2 years.
Lying is not recommended.
> Hi,
>
> My girl is from China and joined the Communist Party while in school
> because she thought it would be good for her career. Now she has a
> really good job in Chinese Government. We have read the Immigration
> Laws that states being a Communist Party Member is potentially grounds
> for denial:
>
> http://travel.state.gov/visa/frvi_waivers2.html
>
>
>
> The above quote shows that there are exceptions for involuntary
> membership, or if we were already married, or if she quit so long ago
> that nobody gives a damn.
Have you looked under:
iii) Exception for past membership.
Applies if she quit 2 years before applying for admission to the US.
So, she needs to quit now and apply in 2 years.
Lying is not recommended.
Nov 9th 2004, 5:09 am
#6
Just Joined
Thread Starter
Joined: Nov 2004
Posts: 7
Re: My Girl Is a Commie
Originally Posted by Folinskyinla
Hi:
From your posting, it seems that she intents to immigrate by an employment based visa -- and then live with you without getting married?
The CP issue aside, what do you plan to do? Why have you ruled out the K-1 route?
Again, you are not all that clear on the context of your question and leave a lot of questions.
From your posting, it seems that she intents to immigrate by an employment based visa -- and then live with you without getting married?
The CP issue aside, what do you plan to do? Why have you ruled out the K-1 route?
Again, you are not all that clear on the context of your question and leave a lot of questions.
Until she gets her VISA, she naturally wants to keep working in China. When she gets the VISA she will quit her job and come to the US. We intend to start a family right away and I can support us easily, so she may not work at all for the first couple of years she is in the US.
We have thought about getting married immediately but we haven't because it looks like it takes much longer to get a K3 or I-130 approved than a K1. Also, we've already started the K1 process. But if getting married would solve the Communist Party issue, we are both certainly willing to do it. In fact we should do it as soon as possible because from what I understand we would have to abandon the K1 and start over, basically.
I'm hoping we can solve the CP issue and get through the K1 because if we can, we might be able to get her here (to the US) in May or June. If we have to get a K3 I'm afraid it will be more like December 2005. On the Chinese immigration site CandleForLove, almost all the married couples have had to wait at least a year to get their K3/I-130 approved.
If there's anything else I can answer to clarify our situation, please just ask.
Ian, I agree your dog is very small and cute! And she has much bigger teeth than my fiance!
Nov 9th 2004, 5:46 am
#7
Just Joined
Thread Starter
Joined: Nov 2004
Posts: 7
Re: My Girl Is a Commie
Originally Posted by Anon
My Girl Is a Commie wrote:
>
>
>
> The above quote shows that there are exceptions for involuntary
> membership, or if we were already married, or if she quit so long ago
> that nobody gives a damn.
Have you looked under:
iii) Exception for past membership.
Applies if she quit 2 years before applying for admission to the US.
So, she needs to quit now and apply in 2 years.
Lying is not recommended.
>
>
>
> The above quote shows that there are exceptions for involuntary
> membership, or if we were already married, or if she quit so long ago
> that nobody gives a damn.
Have you looked under:
iii) Exception for past membership.
Applies if she quit 2 years before applying for admission to the US.
So, she needs to quit now and apply in 2 years.
Lying is not recommended.
The "quit 2 years before applying" exception is what I was referring to as the "quit so long ago they don't give a damn" exception.
Naturally, we would prefer not to have to wait two years. She's of an age that she really doesn't want to wait much longer to start having children. And we would both really prefer that our kids be born here in the USA. It would certainly seem to make things simpler.
And remember, she is very worried that if she quits the CP, she will lose her job in China. It's a great job, and as long as she is stuck there, she wants to hang onto it.
We're hoping if we just tell them the truth we can go ahead with the K1. But it's frustrating because apparently we won't know until the Interview?!?? Why do they wait so long to ask this question?!?!?!??!
Our biggest hope is that they wouldn't want to waste their own time if this was a big deal. I mean, if they were going to reject us because she is a communist, why not ask the question right on the I-129F and get it over with? Why waste all of our time and wait to ask us until the last minute?
Nov 9th 2004, 1:14 pm
#8
Just Joined
Joined: Aug 2004
Posts: 8
Re: My Girl Is a Commie
It's easy, quit the party, and get some documents from the communisty party to show you r not a memeber anymore, and then get the documents notarized, and show the visa officer when u have the interview. Don't lie.
Nov 9th 2004, 1:21 pm
#9
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: My Girl Is a Commie
Originally Posted by My Girl Is a Commie
Oh, I'm sorry if I didn't make it clear. She is my fiance. She lives and works in China. We have already applied for a K1 (I-129F). We intend to get married as soon as possible after we get her to the US.
Until she gets her VISA, she naturally wants to keep working in China. When she gets the VISA she will quit her job and come to the US. We intend to start a family right away and I can support us easily, so she may not work at all for the first couple of years she is in the US.
We have thought about getting married immediately but we haven't because it looks like it takes much longer to get a K3 or I-130 approved than a K1. Also, we've already started the K1 process. But if getting married would solve the Communist Party issue, we are both certainly willing to do it. In fact we should do it as soon as possible because from what I understand we would have to abandon the K1 and start over, basically.
I'm hoping we can solve the CP issue and get through the K1 because if we can, we might be able to get her here (to the US) in May or June. If we have to get a K3 I'm afraid it will be more like December 2005. On the Chinese immigration site CandleForLove, almost all the married couples have had to wait at least a year to get their K3/I-130 approved.
If there's anything else I can answer to clarify our situation, please just ask.
Ian, I agree your dog is very small and cute! And she has much bigger teeth than my fiance!
Until she gets her VISA, she naturally wants to keep working in China. When she gets the VISA she will quit her job and come to the US. We intend to start a family right away and I can support us easily, so she may not work at all for the first couple of years she is in the US.
We have thought about getting married immediately but we haven't because it looks like it takes much longer to get a K3 or I-130 approved than a K1. Also, we've already started the K1 process. But if getting married would solve the Communist Party issue, we are both certainly willing to do it. In fact we should do it as soon as possible because from what I understand we would have to abandon the K1 and start over, basically.
I'm hoping we can solve the CP issue and get through the K1 because if we can, we might be able to get her here (to the US) in May or June. If we have to get a K3 I'm afraid it will be more like December 2005. On the Chinese immigration site CandleForLove, almost all the married couples have had to wait at least a year to get their K3/I-130 approved.
If there's anything else I can answer to clarify our situation, please just ask.
Ian, I agree your dog is very small and cute! And she has much bigger teeth than my fiance!
The K-1 is a NON-immigrant visa.
Every application within the US is "in the discretion of the Attorney General." This includes adjustment applications. However, Mr. Ashcroft is a busy man so he delegates.
"The problem is all inside your head she said to me. The answer is easy if you take it logically ... I'd like to help you in your struggle to be free." Paul Simon
Nov 9th 2004, 2:40 pm
#10
Lost in BE Cyberspace
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Re: My Girl Is a Commie
Originally Posted by Folinskyinla
Hi:
The K-1 is a NON-immigrant visa.
Every application within the US is "in the discretion of the Attorney General." This includes adjustment applications. However, Mr. Ashcroft is a busy man so he delegates.
"The problem is all inside your head she said to me. The answer is easy if you take it logically ... I'd like to help you in your struggle to be free." Paul Simon
The K-1 is a NON-immigrant visa.
Every application within the US is "in the discretion of the Attorney General." This includes adjustment applications. However, Mr. Ashcroft is a busy man so he delegates.
"The problem is all inside your head she said to me. The answer is easy if you take it logically ... I'd like to help you in your struggle to be free." Paul Simon
I think the problem for MGIAC, is that they are stuck in a catch-22 situation. If his fiance quits the communist party, then she'll most likely be jobless. If she's jobless that will make it difficult for her to live/survive/pay bills (I would assume). So he's basically asking is "Will her K1 be denied if she quits the Communist Party only a few days before her interview?" What are the chances of that occuring? And if she doesn't quit before the interview (in order to keep her job in case of a denial), then how likely is it that she will be denied?
MGIAC, how easy would it be for your fiance to gain another job that would not require her to be a member of the CP? If you've several months before the I-129f is approved, and then several more months before she would get an interview, then this may be the best approach to take. I realize it is not the easiest route to take, but it may be the best.
Good luck!
Jamie
Nov 9th 2004, 2:46 pm
#11
Member
Joined: Apr 2001
Posts: 14,049
Re: My Girl Is a Commie
Jamie,
I think Mr.F's point is that the woman's communist party membership is not an issue for a K visa. None of the application forms for a K visa ask about political affiliation in general or communist party membership specifically.
However, the I-485 application for adjustment of status does ask these things. But this comes after the visa has been granted and the person has entered the USA.
Regards, JEff
I think Mr.F's point is that the woman's communist party membership is not an issue for a K visa. None of the application forms for a K visa ask about political affiliation in general or communist party membership specifically.
However, the I-485 application for adjustment of status does ask these things. But this comes after the visa has been granted and the person has entered the USA.
Regards, JEff
Originally Posted by sunflwrgrl13
I think the problem for MGIAC, is that they are stuck in a catch-22 situation. If his fiance quits the communist party, then she'll most likely be jobless. If she's jobless that will make it difficult for her to live/survive/pay bills (I would assume). So he's basically asking is "Will her K1 be denied if she quits the Communist Party only a few days before her interview?" What are the chances of that occuring? And if she doesn't quit before the interview (in order to keep her job in case of a denial), then how likely is it that she will be denied?
MGIAC, how easy would it be for your fiance to gain another job that would not require her to be a member of the CP? If you've several months before the I-129f is approved, and then several more months before she would get an interview, then this may be the best approach to take. I realize it is not the easiest route to take, but it may be the best.
Good luck!
Jamie
MGIAC, how easy would it be for your fiance to gain another job that would not require her to be a member of the CP? If you've several months before the I-129f is approved, and then several more months before she would get an interview, then this may be the best approach to take. I realize it is not the easiest route to take, but it may be the best.
Good luck!
Jamie
Nov 9th 2004, 3:12 pm
#12
Oregon/ShangHai
Joined: Jul 2002
Posts: 394
Re: My Girl Is a Commie
Originally Posted by jeffreyhy
Jamie,
I think Mr.F's point is that the woman's communist party membership is not an issue for a K visa. None of the application forms for a K visa ask about political affiliation in general or communist party membership specifically.
However, the I-485 application for adjustment of status does ask these things. But this comes after the visa has been granted and the person has entered the USA.
Regards, JEff
I think Mr.F's point is that the woman's communist party membership is not an issue for a K visa. None of the application forms for a K visa ask about political affiliation in general or communist party membership specifically.
However, the I-485 application for adjustment of status does ask these things. But this comes after the visa has been granted and the person has entered the USA.
Regards, JEff
JEff, China K-1 applicants get a form GNI-2 in their P-4 packet. There are two questions on the form that ask about membership.
Q7 asks for all organizations or political parties you are now or have been a member or affiliated with since your sixteenth birthday.
Q17-C is a Yes/No with a statement bout being an alien who are, or at any time have been, anarochists, or members of or affiliated with any totalitarian party....
The GNI-2 is sworn to and signed at the interview.
Nov 9th 2004, 5:22 pm
#13
Member
Joined: Apr 2001
Posts: 14,049
Re: My Girl Is a Commie
Don,
That shoots a hole in my interpretation - so what do you make of Mr.F's post?
Regards, JEff
That shoots a hole in my interpretation - so what do you make of Mr.F's post?
Originally Posted by Folinskyinla
Hi:
The K-1 is a NON-immigrant visa.
Every application within the US is "in the discretion of the Attorney General." This includes adjustment applications. However, Mr. Ashcroft is a busy man so he delegates.
The K-1 is a NON-immigrant visa.
Every application within the US is "in the discretion of the Attorney General." This includes adjustment applications. However, Mr. Ashcroft is a busy man so he delegates.
Originally Posted by donahso
JEff, China K-1 applicants get a form GNI-2 in their P-4 packet. There are two questions on the form that ask about membership.
Q7 asks for all organizations or political parties you are now or have been a member or affiliated with since your sixteenth birthday.
Q17-C is a Yes/No with a statement bout being an alien who are, or at any time have been, anarochists, or members of or affiliated with any totalitarian party....
The GNI-2 is sworn to and signed at the interview.
Q7 asks for all organizations or political parties you are now or have been a member or affiliated with since your sixteenth birthday.
Q17-C is a Yes/No with a statement bout being an alien who are, or at any time have been, anarochists, or members of or affiliated with any totalitarian party....
The GNI-2 is sworn to and signed at the interview.
Nov 9th 2004, 5:34 pm
#14
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Joined: Sep 2002
Posts: 16,266
Re: My Girl Is a Commie
Originally Posted by jeffreyhy
Don,
That shoots a hole in my interpretation - so what do you make of Mr.F's post?
Regards, JEff
That shoots a hole in my interpretation - so what do you make of Mr.F's post?
Regards, JEff
I said what I said -- nothing more and nothing less.
Nov 9th 2004, 6:03 pm
#15
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Joined: Nov 2004
Posts: 7
Re: My Girl Is a Commie
Originally Posted by sunflwrgrl13
I think the problem for MGIAC, is that they are stuck in a catch-22 situation. If his fiance quits the communist party, then she'll most likely be jobless. If she's jobless that will make it difficult for her to live/survive/pay bills (I would assume). So he's basically asking is "Will her K1 be denied if she quits the Communist Party only a few days before her interview?" What are the chances of that occuring? And if she doesn't quit before the interview (in order to keep her job in case of a denial), then how likely is it that she will be denied?
Originally Posted by sunflwrgrl13
MGIAC, how easy would it be for your fiance to gain another job that would not require her to be a member of the CP? If you've several months before the I-129f is approved, and then several more months before she would get an interview, then this may be the best approach to take. I realize it is not the easiest route to take, but it may be the best.
FolinskyinLA, perhaps you are making the point (when you say that K1 is a non-immigrant VISA) that we are better off going for the K1 than the K3, because from what I can tell, the I-130 *IS* an immigrant VISA. Are you implying the law is an "Immigration law" and as long as we are not applying for an "immigrant VISA" we don't have to worry about "immigration law?" Is that your point?
On the other hand, if we do get married, then at least we would qualify for the spousal exception. In fact, if she keeps her job and we get married, we qualify for 2 out of 3! Both the spousal exception and the "needs it for job" exception! Such a deal!
Now, let us assume that there is some advantage in going for the K1 because it is a non-immigrant VISA. As donahso has pointed out, they still ask you about Communist Party membership in the interview. At the least, this makes me uncomfortable: why do they ask if they don't care? It seems to me the fact that they ask about it in the interview implicitly implies that they do care.
My attention was brought to this by reading a thread on CandleForLove.com, which said that the foreign benificiary has to fill out the DS-230 part 1 for the P3 and the DS-230 part 2 for the interview. The thread said she has to fill out part 2 in front of the consular officer and swear to it. On the DS-230 part 2, it states:
Except as otherwise provided by law, aliens within the following classifications are ineligible to receive a VISA. Do any of the following classes apply to you?
(C) an alien who... is a member of or affiliated with the Communist or other totalitarian party
(C) an alien who... is a member of or affiliated with the Communist or other totalitarian party
What happens if we get the VISA, she comes over here, and the AOS is denied? Does she have to go back?
Now, from the CandleForLove thread, we thought we had a glimmer of hope because someone pointed out some very subtle wording on the DS-230 part 2 that Bill Clinton would be proud of. If you go read the quote above carefully, you will notice that it says "IS a member of" and not "are now or were ever." So we thought if my girl waits until the very last minute and quits the party, and we have documentation to back up that she has quit as yvhiaw suggested, then she can truthfully answer "No" to the question on the DS-230 part 2. Then the CO will say "great, no problem" and hopefully we will get the K1 approved. If the CO somehow knows she was a party member, and was trying to catch her in a lie, we will have documentation to prove she quit.
Unfortunately, I think the DS-230 part 2 might not be used anymore in the aftermath of 9/11 and now they are using the GNI-2 instead. Processing times in China have gone way up lately as the Dept of Homeland Security implements stricter security checks. The GNI-2 uses the language:
17. United States Law governing the issuance of VISAs requires each applicant to state whether or not he/she is a member of any class of individuals excluded from admission into the United States. The excludable classes are described below...
(C) Aliens who are, or at any time have been, anarchists, or members of or affiliated with any totalitarian party.
(C) Aliens who are, or at any time have been, anarchists, or members of or affiliated with any totalitarian party.
So quitting the CP before the interview may not do us any good. In which case, since she loves her job, why bother? And if we have to appeal for an exception, god only knows how long that might take. So again, we would rather she didn't have to quit before the interview.
If we were SURE it would help us get the VISA for her to quit, she'd just quit and that would be the end of it. But at the moment I'm not so sure.
For those who seem sure, such as folinksyinla, can you give us any more details on why you are sure? Yes, the K1 is only a non-immigration VISA, but they seem to ask the question anyway, and the wording of the GNI-2 statement makes it sound like the law may apply to non-immigrants now, too. Yes, she can quit right before the interview, but the law says "two years before the application," so I'm not sure that does us any good at all.
Yet I have heard that some people have made it through this problem. How did they do it?
Was it simply that they applied when the DS-230 part 2 was in effect, and before the Dept of Homeland Security mandated it be replaced with a GNI-2? So maybe in their case, quitting was a viable option, but in our case, it won't be? That's what I'm afraid of.
Sorry for the long-winded post, but hopefully this gets all known issues out in the open.
Thanks very much for all contributions to the discussion so far!
Last edited by My Girl Is a Commie; Nov 9th 2004 at 6:21 pm.