Lets collect some information about IMBRA effects

[aussiewench 9]

Thanks for starting this post. My NOA1 was March 24

Any approvals of people with NOA1's after March 6th?

Any word on how this will affect those of us with NOA1s after March 6th? All I can find is "if you are before March 6, don't worry. If you're after March 6, you're screwed." Probably true but not very specific.

Not screwed.....the ones affected are those that have met through a marriage broker and/or have filed multiple petitons etc. If you havent already....have a read of the act in various threads pertaining to the IMBRA. Right now I think there is a settling in stage which may have slowed things at the various service centers including NBC.

I am wondering, particularly now, how important it is going to be to write more then a few words when it comes to Q18 on the I-129F as to how one met especially if one has met over the internet. Whilst meeting online itself, in various chat rooms, groups etc do not seem to come under this act.....how are they to know if one leaves too much to the imagination. My advice is to perhaps go into a lot more detail under these circumstances to safeguard against being caught up in it. Any thoughts?????

I sent my 129f on March 10 to VSC, received NOA2 on March 24. NVC has already completed processing and my financee already received her packet from the Moscow Embassy. Her interview is set for June 13.

I was after the March 6 date completely, and it moved fast for me.

My only concern is that USCIS will re-assess their approvals made after March 6 in order to conduct the criminal investigation and such. I have not heard any word about people getting their approvals "revoked" yet, but would be interested to know if anyone else has heard such a thing.

I highly doubt that the USG has the energy to revoke the approvals made after that time...they are probably still trying to figure out what to do with the ones coming in.

The thing is........some interviews have been cancelled and petitions sent back. Only time will tell just how much of an affect this is going to have on approved petitions that are waiting or have an interview already.

Edited May 14, 2006 by aussiewench

[dowd001 0]

I would caution people who are thinking that this applies only to either those citizens who have applied more than once or marriage brokers. It applies to all petitioners.

Read Section 4 of the Act

SEC. 4. CRIMINAL BACKGROUND CHECK.

Section 214(d) of the Immigration and Nationality Act (8 U.S.C. 1184(d)), as amended by section 2, is further amended by adding at the end the following:

`(3) A petitioner for a visa under clause (i) or (iii) of section 101(a)(15)(K) shall undergo a national criminal background check conducted using the national criminal history background check system and State criminal history repositories of all States in which the applicant has resided prior to the petition being approved by the Secretary of Homeland Security, and the results of the background check shall be included in the petition forwarded to the consular office under that section.'.

That criminal background check should be completed prior to the approval of the 129f, and applies to all applicants (US Citizens). this is not part of the process conducted by the USCIS currently, and so they need to change proceedures at all service centers to get into compliance. In short, the law does not just regulate marriage brokers, it also strengthens the review for all applicants.

The question is, is the USCIS going to rescind approvals for 129fs received after March 6 in order to conduct the now required criminal background check on the US petitioner, or are they going to just hold up the process from here forward as they start conducting the background checks?

If someone has information about an interview that was scheduled and cancelled because of IMBRA, I would appreciate some info as it may affect me as well.

[aussiewench 9]

If someone has information about an interview that was scheduled and cancelled because of IMBRA, I would appreciate some info as it may affect me as well.

Here is one but there are others on the board .....I was reading of another in Regional Forums earlier

http://www.visajourney.com/forums/index.ph...topic=13334&hl=

Edited May 14, 2006 by aussiewench

[Larry and Maria 0]

You're right; they actually cannot know; the presentation of evidence could be spoofed to the point of looking real. It'd take an enormous amount of investigative time if someone knows enough about the technology. If someone's legit, then they can just be open, not give more than needed, and not less than asked for ... assuming you can figure out really what they want.

I just read yesterday that they questions are worded vaguely on purposed to lay potential traps so people will submit more info than needed and they start a file on tagged red flag info that you didn't need to submit anyway. Perverse!

We met on a "dating site" not via a marriage broker.

There was no suggestion of "find a wife, bride" or anything else like that on the site.

What I did for the I-129F package was take most of the first emails from each of us to show the initial establishment of contact clearly, printed them, and included them in the other supporting information.

My answer to that Q I wrote based on an advisor's recommendation: keep it simple. This was the old form if there's a revised one I've not looked at it so my answer may be not for the correct Q.

[aussiewench 9]

I would caution people who are thinking that this applies only to either those citizens who have applied more than once or marriage brokers. It applies to all petitioners.

Read Section 4 of the Act

SEC. 4. CRIMINAL BACKGROUND CHECK.

Section 214(d) of the Immigration and Nationality Act (8 U.S.C. 1184(d)), as amended by section 2, is further amended by adding at the end the following:

`(3) A petitioner for a visa under clause (i) or (iii) of section 101(a)(15)(K) shall undergo a national criminal background check conducted using the national criminal history background check system and State criminal history repositories of all States in which the applicant has resided prior to the petition being approved by the Secretary of Homeland Security, and the results of the background check shall be included in the petition forwarded to the consular office under that section.'.

That criminal background check should be completed prior to the approval of the 129f, and applies to all applicants (US Citizens). this is not part of the process conducted by the USCIS currently, and so they need to change proceedures at all service centers to get into compliance. In short, the law does not just regulate marriage brokers, it also strengthens the review for all applicants.

Not doubting you at this stage but I am struggling to find the text you quoted in the IMBRA here http://usaimmigrationattorney.com/images/IMBRA2005.pdf . I did however find mention of that exact text from congress dated 2003........3 years prior to it being enacted. If its anything like here in australia....things can change a lot in 3 years.

[simple_male 1]

I think, it is hard to say at this point how it would affect all. First of all, USCIS needs to modify the I-129F form to have additional space for the USC petitioner's background check. USCIS still has the same I-129F form in their website. Now, what will happen to those petition by USC who already filed and received NOA-1 even after March 6, 2006 with this current I-129F form? Maybe USCIS will perform background check on them. One only needs name and date of birth to conduct a background check.

Now, Q.18 on I-129F is only applicable to K-1. Instructions say that K-3 should write it as "N/A." Does it imply that this whole background issue is focusing on mainly K-1?

The IMBRA information also says that during the interview, the Consular Officer may reveal to the beneficiary that the petitioner has violent criminal background (sexual predator and other serious crimes) so that the beneficiary can think twice whether to continue this relationship or not. Of course, no one should give his/her daughter/sister to anyone who has violent or serious criminal background. If someone is engaged, then he/she can decide not to get married, but if someone is already married to the USC petitioner, then what he/she would decide? Divorce?

The whole IMBRA issue is not very clear to anyone at this point.

[dowd001 0]

You are correct, I did have an old copy of the Act.

I checked on Westlaw for the final version. Congress basically requires that the 129f have a section disclosing criminal background information.

It is unclear if they need to conduct an investigation or not.

[aussiewench 9]

Does it imply that this whole background issue is focusing on mainly K-1?

It applies to all K nonimmigrants which includes K-3.....fiance(e)s or spouses. To my knowledge it doesn't apply to CR-1's but who knows

[Aquelunya 0]

Thanks for starting this post. My NOA1 was March 24

Any approvals of people with NOA1's after March 6th?

Any word on how this will affect those of us with NOA1s after March 6th? All I can find is "if you are before March 6, don't worry. If you're after March 6, you're screwed." Probably true but not very specific.

Not screwed.....the ones affected are those that have met through a marriage broker and/or have filed multiple petitons etc. If you havent already....have a read of the act in various threads pertaining to the IMBRA. Right now I think there is a settling in stage which may have slowed things at the various service centers including NBC.

I am wondering, particularly now, how important it is going to be to write more then a few words when it comes to Q18 on the I-129F as to how one met especially if one has met over the internet. Whilst meeting online itself, in various chat rooms, groups etc do not seem to come under this act.....how are they to know if one leaves too much to the imagination. My advice is to perhaps go into a lot more detail under these circumstances to safeguard against being caught up in it. Any thoughts?????

I sent my 129f on March 10 to VSC, received NOA2 on March 24. NVC has already completed processing and my financee already received her packet from the Moscow Embassy. Her interview is set for June 13.

I was after the March 6 date completely, and it moved fast for me.

My only concern is that USCIS will re-assess their approvals made after March 6 in order to conduct the criminal investigation and such. I have not heard any word about people getting their approvals "revoked" yet, but would be interested to know if anyone else has heard such a thing.

I highly doubt that the USG has the energy to revoke the approvals made after that time...they are probably still trying to figure out what to do with the ones coming in.

The thing is........some interviews have been cancelled and petitions sent back. Only time will tell just how much of an affect this is going to have on approved petitions that are waiting or have an interview already.

I have to agree here. I have a gut feeling in my stomach that they are just more cautious about you if you met online. How can they know which site is a mariage broker or not? I did not specify this in my answer to question #18. I NEVER thought it could effect me so much!!!

I think this is why I got caught up in this

We met online on a free Russian site, so I think they just panicked because Russia has a tendency to utilize the mail-order bride routine. This is just a hunch......I dunno

I hope I get to hear something from them tomorrow

[GaryC 7]

Ok, here is what I have so far. I was just waiting till I had a few to work with. I thought about doing a complete timeline listing but that runs in the hundreds!!! So I will only list the ones that reply to this post. If you have any updates or want to be listed please post here and I will update as they come in.

Namek1/k3 Country SC NOA1 date NOA2 date interview date canceled?

Larry and Maria K1 Russia CSC 3/1 5/8

ILovenalina4eva K1 India TSC 3/2 5/1

Bluesurf K1 Ukraine NSC 4/21

Carldecolorado K1 Columbia NSC 3/24

Pnd629 K1 UK CSC 3/2 5/8

Iceyspots K1 Algeria NSC 2/13

Larry And Maria K1 Russia CSC 3/7 5/8

Michela K1 Peru NSC 3/24

Dowd001 K1 Russia VSC 3/20 3/24 6/13

Aquelunya K1 Israel VSC 3/8 3/22 5/15 Yes

Hmm.. Can anyone give me some insight on formating in a BB? The spaces don't seem to want to come out right here.

[puri 0]

me NOA1-1/5 NOA2-3/23 Interview date-5/11 Cancelled?-YES

[GaryC 7]

Lets see if this is better. Kind of a bogus way of formating. If anyone knows how to do tables in BB please let me know.

Name.....................k1/k3....... Country...... SC...... NOA1 date... NOA2 date.... interview date.....canceled?

Larry and Maria...... K1.............Russia........CSC.........3/1..............5/8

ILovenalina4eva..... K1.............India..........TSC.........3/2...............5/1

Bluesurf................. K1.............Ukraine......NSC.........4/21

Carldecolorado....... K1.............Columbia....NSC........3/24

Pnd629...................K1.............UK.............CSC........3/2...............5/8

Iceyspots................K1.............Algeria.......NSC........2/13

Larry And Maria.......K1.............Russia........CSC........3/7...............5/8

Michela...................K1..............Peru..........NSC........3/24

Dowd001................K1..............Russia........VSC........3/20.............3/24.............6/13

Aquelunya..............K1..............Israel.........VSC.........3/8..............3/22.............5/15..................Yes

Palak126................K1..............UK.............CSC.........1/5..............3/23.............5/11..................Yes

GaryC....................K1..............Philippines..NCS.........3/14

Edited May 15, 2006 by GaryC

[puri 0]

^ Im not seeing a pattern yet.

[GaryC 7]

I think we will need some time and a few more entries before we see a pattern. Or maybe there just isn't a pattern. Time will tell.

[GaryC 7]

Name.....................k1/k3....... Country...... SC...... NOA1 date... NOA2 date.... interview date.....canceled?

Palak126.................K1............UK.............CSC.......1/5..............3/23................5/11..................Yes

Iceyspots................K1............Algeria.......NSC........2/13

Larry and Maria.......K1............Russia........CSC.......3/1..............5/8

ILovenalina4eva......K1............India..........TSC........3/2..............5/1

Pnd629...................K1............UK.............CSC........3/2..............5/8

Larry And Maria.......K1............Russia........CSC.......3/7..............5/8

Aquelunya...............K1............Israel.........VSC.......3/8..............3/22................5/15..................Yes

GaryC.....................K1............Philippines..NCS.......3/14

Dowd001.................K1............Russia........VSC.......3/20............3/24................6/13

Carldecolorado........K1.............Columbia...NSC.......3/24

Michela...................K1.............Peru..........NSC.......3/24

Bluesurf..................K1.............Ukraine......NSC......4/21

There, I put it in order of NOA1 dates. Sorry about the multiple posts here. Just trying to get the format right.

Edited May 15, 2006 by GaryC