Lets collect some information about IMBRA effects

[milestogo 0]

Answer truthfully. If you did not meet through the agency then the answer is no on the form.

With anything even prior to the IMBRA if there was anything that you felt explained your case further especially with potential red flags, then one could provide that on a seperate sheet.

The thing is what is the truth? An argument could be made we did meet through an agency even as I THINK the right answer is we did not. Going through verbal hoops to explain this to USCIS would only cause them to become confused and delay us with endless requests for more information or worse deny.

What would you do? This is so fustrating returning tickets, cancelling wedding plans and the like. It's sad and hurtful. What I really don't understand is that IMBRA should apply to those who MET after march 6th. I smell class action suit. The damages are obvious and real. 1100 people and a class action suit. Gary or John, want to take this on? Lot's of $$ to be made.

[ccmkoho 0]

Our scheduled interview was cancelled and now we evidently have to respond to a forthcoming RFE and fill out a new I-129F form.

We still don't know what the next step will be - we are just taking guesses because it gives us somethign to do!

As for your situation... she runs a marriage broker type agency? But you contacted it not to meet a woman but to get a translator? If she runs this agency, won't it show on the forms you are filling out, as her employer? That might raise a few eyebrows, I'd imagine. If I were filling out the form, I would say you met when she was your translator, because that is the truth, but you may want to explain the rest of it, to avoid further RFE's. ?

Well can anyone say for certain the ramifications of answering "yes" to this question? The petitioner is already required to provide criminal backgound if they have one, no matter how they met. Maybe it is to verify the agency that they met through is compliant with IMBRA (That they "broker" provided the benificiary with the criminal background BEFORE they met).

Its two pronged really, as they will verbally ask the same question of the foreign fiance/spouse as well at the interview. I dont know of any ramifications, as long as both have been honest. But yes, from reading the IMBRA they do wish to make sure that the broker has complied.

So logic says this agency would be grandfathered from complying since they met before Januarary 2006. Also, I don't believe IMBRA is enforceable to a foreign entity (agency).

[pax 0]

So logic says this agency would be grandfathered from complying since they met before Januarary 2006. Also, I don't believe IMBRA is enforceable to a foreign entity (agency).

Businesses that operate in the United States must comply with American law, even if they're foreign-owned, so I'm not sure how you figure that IMBRA won't be enforceable.

[ccmkoho 0]

So logic says this agency would be grandfathered from complying since they met before Januarary 2006. Also, I don't believe IMBRA is enforceable to a foreign entity (agency).

Businesses that operate in the United States must comply with American law, even if they're foreign-owned, so I'm not sure how you figure that IMBRA won't be enforceable.

Well in this gentlemens case they may not operate in the US. If I'm a Russian business person and operate a dating website in Russia how that accept clients from all over the world how are you going to make me conform??????? There are MANY of such!

[pax 0]

Well in this gentlemens case they may not operate in the US. If I'm a Russian business person and operate a dating website in Russia how that accept clients from all over the world how are you going to make me conform??????? There are MANY of such!

I don't know. But not knowing how they'll enforce the law on the business isn't the same as assuming that the law won't or can't be enforced.

Moreover, surely word gets around among the young women who use these services...if one service screens the American gentlemen who patronize it quite carefully and gives the women good information, and another doesn't, it stands to reason that the law-abiding business will most likely thrive and survive, while the other does not.

[Ladylethal 12]

Ditto Pax.

[ccmkoho 0]

Well in this gentlemens case they may not operate in the US. If I'm a Russian business person and operate a dating website in Russia how that accept clients from all over the world how are you going to make me conform??????? There are MANY of such!

I don't know. But not knowing how they'll enforce the law on the business isn't the same as assuming that the law won't or can't be enforced.

Moreover, surely word gets around among the young women who use these services...if one service screens the American gentlemen who patronize it quite carefully and gives the women good information, and another doesn't, it stands to reason that the law-abiding business will most likely thrive and survive, while the other does not.

"...law-abiding business..."

Ok, Ill put this one to rest after this post. You make assumption that the non US business is not law abiding. What law are they breaking? They are not under US jurisdiction.

[pax 0]

I'm no expert in international business law, but it seems to me that businesses that operate to serve American customers does need to abide by American law. For example, I'm familiar with a cosmetics company based in Hong Kong that will pay Customs fees for any of the goods that I purchase from them as a courtesy to me, or to any international customer, as they ship all over the world. Thus, if the company wants to do business with Americans, they must see that American customs fees are paid. If they didn't pay the fee, I would have to do so—either way that fee has to be paid.

Car companies that build cars in Germany, Japan, Mexico, wherever have to conform to American safety standards if they want to sell their cars in the States. If they don't want to do so, that's fine, but then they are shut out of the American market.

[Ladylethal 12]

I'm also not an expert, but I'm a law graduate in Brasil, and at least in my country an international company must comply with the laws of all the countries she operates in.

Anyone noticed that the 60-day notice issued for the I-129F in the emergency effect is still pending?

"USCIS has submitted an emergency information collection request (ICR) utilizing emergency review procedures, to the OMB for review and clearance in accordance with section 1320.13(a)(1)(ii) and (a)(2)(iii) of the Paperwork Reduction Act of 1995. The USCIS has determined that it cannot comply with the normal clearance procedures under this part because normal clearance procedures are likely to prevent or disrupt the collection of information. If granted, the emergency approval is only valid for 180 days."

They said that the 60-day notice will continue as normal as well.

So what we're now hoping for is that this emergency review will be approved and that they'll put this form up real fast for us, even if it's for 180 days only pending further review of the form, for many of us that would be enough time to get our visas issued. Let's hope, pray, do santeria, or whatever it takes for this emergency think to work!

[ajames79 0]

I have a question in this fast moving thread....

So lets say they put the form up next week and I sent my paper work today. Would I need to wait for and RFE to fill out said form or would I mail it to the service center?? Just curious! And I know there may not be a correct answer. Just looking for opinions!

[Yodrak 7]

milestogo,

How do you figure that? Is it your personal opinion, or is it how you read the law?

Yodrak

..... What I really don't understand is that IMBRA should apply to those who MET after march 6th. .....

[Ladylethal 12]

Ajames, I figured we'll need the RFE, 'cus we send the notice back and then they know where that form is supposed to go and all that. If everybody just sent their new form for them they'd have a hard time finding where everyone's file is by their name alone.

[Yodrak 7]

ccmkoho,

Perhaps you won't be made to conform. But your Russian customers who hook up with your American customers may find themselves having difficulty at their visa interviews, possibly to the extent that their visa applications are denied.

How that affects your business may, or may not, help you to decide whether or not you want to conform.

Yodrak

.... If I'm a Russian business person and operate a dating website in Russia how that accept clients from all over the world how are you going to make me conform??????? ...

[ajames79 0]

Ajames, I figured we'll need the RFE, 'cus we send the notice back and then they know where that form is supposed to go and all that. If everybody just sent their new form for them they'd have a hard time finding where everyone's file is by their name alone.

and once again thank you!!

You are quite helpful especially since I am not thinking clearly!

[tigretigre 0]

Foreign businesses operating over the Internet worldwide are sued and prosecuted in United States courts all the time.

There are lots of ways a company can be considered to be "doing business in the United States" without actually being located there, and "doing business" there gives the U.S. jurisdiction. Some ways to do that are to solicit customers in the United States, sell them products, provide them with services, or conduct transactions with them. On the Internet, it's pretty easy to fall into one of these categories if you engage in global commercial activity--your company is on every desktop in every country around the world, including the U.S.

Foreign business that do not want to submit to U.S. jurisdiction restrict their activities accordingly. In the case of an international marriage broker, my guess is this would mean refusing to serve American clients for starters.

But remember--I'm not a attorney. Consider this information learned from extensive research, not information offered as legal advice. Get an attorney if you need legal advice.