Married before K-1

[wait4ever 0]

Technically is part of it.

I wonder if Thanh being North Vietnamese and being a communist party member will affect her in her interview.

Uh oh, this is not good.

[chuckandkim 0]

Yodrak and Charliebox: true, i'll take it back, don't say anything just have "a party".

CharlieBox and wait4ever: Communist party member, military member, or terrorist member: red flag. I am very interested in knowing how this will turn out. Charliebox, have you found any restriction or special treament for a beneficiary who is a member of the party? They must have, since they ask for that specifically in the Bio-Form.

[wait4ever 0]

CharlieBox,

I hate to be the bearer of bad news, but membership in a totalitarian party is grounds for inadmissability (denial of a visa).

More specifically, here is what the INA law states:

212(a)(3)(D)(i): In general, any immigrant who is or has been a member of or affiliated with the communist party or any other totalitarian party domestic or foreign, is inadmissable.

The law goes on to list exceptions, like joining when underage, joining because of a job, or if the person is not deemed a threat to the US. You can read more about this at www.state.gov, follow the links to the visa section and the subsection called "inadmissabilities and waivers".

I do not know the HCMC Consuate's policy regarding communist party members, or of any cases where this came up. It came up in one of the threads here on VJ, but I'm not sure we know anything conclusive. Maybe some other VJ members know something about this. Check the HCMC website. To me, the law reads quite broadly between inadmissablity or exception, so it will be up to the Conoffs and who knows what they will say.

This will be something you will need to deal with before her interview. I wish you good luck with it.

[chuckandkim 0]

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.

Classes of Aliens Ineligible to Receive Visas

Edited July 18, 2006 by chuckandkim

[CancelAccount 0]

CharlieBox,

I hate to be the bearer of bad news, but membership in a totalitarian party is grounds for inadmissability (denial of a visa).

More specifically, here is what the INA law states:

212(a)(3)(D)(i): In general, any immigrant who is or has been a member of or affiliated with the communist party or any other totalitarian party domestic or foreign, is inadmissable.

The law goes on to list exceptions, like joining when underage, joining because of a job, or if the person is not deemed a threat to the US. You can read more about this at www.state.gov, follow the links to the visa section and the subsection called "inadmissabilities and waivers".

I do not know the HCMC Consuate's policy regarding communist party members, or of any cases where this came up. It came up in one of the threads here on VJ, but I'm not sure we know anything conclusive. Maybe some other VJ members know something about this. Check the HCMC website. To me, the law reads quite broadly between inadmissablity or exception, so it will be up to the Conoffs and who knows what they will say.

This will be something you will need to deal with before her interview. I wish you good luck with it.

My lawyer has brought several clients with fiancee as former party members here on a k-1 visa. He says this is a moot point. He goes on to say that Vietnam doesn't have a totalitarian regime. He says that Saddam H. had a totalitarian Regime....(killing political opponents, killing uprisings...etc) That is the sort of totalitarian that is described in that INA law.

[wait4ever 0]

My lawyer has brought several clients with fiancee as former party members here on a k-1 visa. He says this is a moot point. He goes on to say that Vietnam doesn't have a totalitarian regime. He says that Saddam H. had a totalitarian Regime....(killing political opponents, killing uprisings...etc) That is the sort of totalitarian that is described in that INA law.

I hope for your sake that your lawyer is correct in his assumption.

[wait4ever 0]

My lawyer has brought several clients with fiancee as former party members here on a k-1 visa. He says this is a moot point. He goes on to say that Vietnam doesn't have a totalitarian regime. He says that Saddam H. had a totalitarian Regime....(killing political opponents, killing uprisings...etc) That is the sort of totalitarian that is described in that INA law.

I hope for your sake that your lawyer is correct in his assumption.

[chuckandkim 0]

My take on this, they will issue Visa for members of the communist party for visiting, touring, studying, business. But not sure about immigrating. If your lawyer can assure you he has done case in VN where the beneficiary is Norht Vietnamese Communist Party Member (Dang Vien Dang Cong San Viet Nam) some of the vietnamese will call them Viet-Cong (very offensive name), and the beneficiary has arrived and lived in the US. Then you have nothing to worry about, just making sure. We are a bit worry for your situation.

Good luck

[CancelAccount 0]

My take on this, they will issue Visa for members of the communist party for visiting, touring, studying, business. But not sure about immigrating. If your lawyer can assure you he has done case in VN where the beneficiary is Norht Vietnamese Communist Party Member (Dang Vien Dang Cong San Viet Nam) some of the vietnamese will call them Viet-Cong (very offensive name), and the beneficiary has arrived and lived in the US. Then you have nothing to worry about, just making sure. We are a bit worry for your situation.

Good luck

Yeah, saying VC is a very big no no...might get something cut off for that. I am not worried about it at all. Besides, I have set my mind on the assumption that if none of this K-1 visa stuff works, I will perminently move to Hanoi. We are young (me 32, her 30) and have saved a bit only in my life so bringing that money there and sort of retiring on it is a possible option I have.

I have been to Hanoi several times, and have been to Saigon...in my opinion (and only my opinion) Hanoi is much more beautful and clean that Saigon. Even though very rarely do you run across other Americans there. In fact, I haven't in Hanoi...only ran across British and French.

[chuckandkim 0]

NO way... calm down CharlieBox, let's not jump the gun here. Wait and see what they say first ok! NOA1 is good, now let go for NOA2. Hang in there... We just give you a little precaution, be prepared and things will be ok no matter what.

Cheers...

[dalegg 143]

I have been to Hanoi several times, and have been to Saigon...in my opinion (and only my opinion) Hanoi is much more beautful and clean that Saigon. Even though very rarely do you run across other Americans there. In fact, I haven't in Hanoi...only ran across British and French.

Wow, just the opposite of my opinion. I thought no city could be more crowded than Saigon but I could hardly walk through Hanoi. Most of the inner streets seemed like they were half as wide as the one's in Saigon with just as many vehicles. Another thing is that it was much harder to find a nice restaurant in Hanoi, and it made me nervous that everyone is still wearing those flat army green helmets.

Edited July 18, 2006 by dalegg

[justin728jn 0]

CharlieBox, so... you marry a commmunist party mmeber, if any1 of us ever got into trouble with the law in vietnam, we know who to call now

[CancelAccount 0]

I have been to Hanoi several times, and have been to Saigon...in my opinion (and only my opinion) Hanoi is much more beautful and clean that Saigon. Even though very rarely do you run across other Americans there. In fact, I haven't in Hanoi...only ran across British and French.

Wow, just the opposite of my opinion. I thought no city could be more crowded than Saigon but I could hardly walk through Hanoi. Most of the inner streets seemed like they were half as wide as the one's in Saigon with just as many vehicles. Another thing is that it was much harder to find a nice restaurant in Hanoi, and it made me nervous that everyone is still wearing those flat army green helmets.

Yes the streets are narrow and crowded, but these are very nice areas because the city is much much older than Saigon so all of the streets are still the same streets for hundreds of years.

As for the military presence in Hanoi, yes there are too many of them...but what would you expect from any other captial.

I can tell you this for certain, you will not find any place better that makes Pho Bo than in Hanoi. They are famous for their Pho. Ask any SVN they will tell you.

CharlieBox, so... you marry a commmunist party mmeber, if any1 of us ever got into trouble with the law in vietnam, we know who to call now

HEHE ok...her and her family are probably one of the better families that i have met in my life. They are very soft spoken and very calm about everything. They don't talk like radios and don't argue about anything. I was very shocked when I hung around them for 2 weeks straight.

I will go there in December and marry my Vo without paperwork.

[STL_HCMC 0]

Just another twist of events that will further enrich the archives of VisaJourney. Isn't this place great?

Best of luck to you CharlieBox. You sound confident.

I'm passing along an excellent article written by an immigration lawyer who happens to pop in to VJ from time-to-time. His VJ name is ellis-island.

Link: Denials of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations

In his article he mentions, "an approved petition is prima facie evidence of eligibility for an immigrant visa, unless a consular officer finds substantial evidence of ineligibility. More importantly, this evidence must have been unknown and unavailable to DHS at the time it approved the petition. That is the nearly the whole game for your client right there, in a few words."

He goes on to say, "PRACTICE TIP #1 - What the words generally unavailable to DHS at the time of petition approval should mean to skilled immigration practitioners, is that they should inform DHS in advance, at the time of filing the petition, of any potential red flags a consular officer might spot in the case. If DHS approves the petition anyway, a consulate is not supposed to deny a petition for that same reason."

Best of luck!

STL_HCMC

[CancelAccount 0]

Just another twist of events that will further enrich the archives of VisaJourney. Isn't this place great?

Best of luck to you CharlieBox. You sound confident.

I'm passing along an excellent article written by an immigration lawyer who happens to pop in to VJ from time-to-time. His VJ name is ellis-island.

Link: Denials of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations

In his article he mentions, "an approved petition is prima facie evidence of eligibility for an immigrant visa, unless a consular officer finds substantial evidence of ineligibility. More importantly, this evidence must have been unknown and unavailable to DHS at the time it approved the petition. That is the nearly the whole game for your client right there, in a few words."

He goes on to say, "PRACTICE TIP #1 - What the words generally unavailable to DHS at the time of petition approval should mean to skilled immigration practitioners, is that they should inform DHS in advance, at the time of filing the petition, of any potential red flags a consular officer might spot in the case. If DHS approves the petition anyway, a consulate is not supposed to deny a petition for that same reason."

Best of luck!

STL_HCMC

Thank you STL_HCMC and the rest of you for your continuing support.

My lawyer was explaining this same thing the day I decided to hire him.

As a white American I am approximately 60% effecient in tiếng Việt (Northern), and have noticed how they talk and what they talk about when American's are around that they think cannot understand what they are saying. Most of them are generally nice, but the majority of them that you confront in their work environment instantly become commander and cheif of their respective positions. The arrogant attitude is sometimes too much to bear.

But I digress, Thanh is 4' 9" and I am 6' 2", I have heard very rude comments spoken to us while walking hand in hand together. The offenders don't know that I understand what they are saying and pratically rác rưởi (POOP) themselves when I respond to them. I guess it is true what they say....ignorance is bliss.

Nevertheless, if this visa doesn't go through, I will be moving to Vietnam perminently.

BTW, Anyone going to be in Vietnam December 12th to the 28th? If so I wouldn't mind if there were some other folks there that would like to join Thanh and I for our wedd......(errr..ummm party).

If you are interested in learning tiếng Việt, you can go to my website and view the online dictionary I created. http://www.charliebox.com