http://www.alanleelaw.com/english/qa/QA2007-09-23.htmQ&A 1.
K-1 Fiancée is a Communist Party Member and Her Case is Delayed. Reader Asks if Party Membership Will Affect the Application and How Long Will be The Wait
CY reader asks:
I am a U.S. citizen. I applied my fiancée who is in China for a K-1 visa. She is a member of the Communist Party. Will her party membership affect the petition? Does she need to withdraw from the Party? Two months ago I received a letter from Consul stating that my fiancée should receive a letter from consul soon, but as of now, she has not received it yet. How long does she have to wait?
Dear reader:
Membership in the Communist Party is a bar to immigration to the U.S.. There are exceptions for involuntary membership, persons who have terminated membership or affiliation for at least five years and are not threats to the security of the United States, and for those who are close family members of U.S. citizens or permanent residents that the Attorney General in his discretion decides to admit for humanitarian purposes, family unity or when it is otherwise in the public interest if they are not threats to the nation's security. Your fiancee's withdrawal from the Party at this time would not affect the bar. For the moment, she will have to wait until the time that the consulate finishes its internal processing of her case including background checks.
http://forums.immigration.com/showthread.php?290652-I-495-and-N-400-Communist-Party-Questionhttp://www.usavisanow.com/k-1-fiance-visa/k-1-fiance-visa-faq/chinese-communist-party-affiliation/Chinese Communist Party Affiliation
Chinese Communist Party Affiliation
According to the US government anyone who is affiliated with a Communist organization/government is ineligible to adjust status to permanent resident.
But of course, there are some exceptions:
•If the membership is or was involuntary, solely under the age of 16, by operation of law or for the purpose of obtaining employment, food rations or other essential of living. OR
•The membership or affiliation terminated at least 2 years before application for admission and she is not a threat to US security. OR
•The Attorney General grants a waiver to a USC spouse for “humanitarian purposes” to assure family unity or when it is otherwise in the public interest if she is not a threat to the security of the US.