IMBRA affecting K-3's

[jazzy 0]

Hi everyone,

I was just reading through the new I-129f instructions and form and came across they may give an indication as to wether or not IMBRA affects the spousal petition.

In the instructions, first page #3. Compliance with International Marraige Broker Regulation Act(IMBRA). it states the following..."If you met your fiance or spouse through the services of an international marraige broker, ........"

I'm just going by thier language here, but they do say fiance or SPOUSE...that would indicate to me that it affects the K-3 also......lets hope not, but according to the instructions the K-3 applicants have to answer the "imbra" questions also on the new form.

[bradentejas 0]

Yes, I was hoping for something different because of the significant process you usually have to go through to get married overseas anyhow.

So this means, for K3-ers, more intense background checks and at the interview a handing out of a flyer that tells my wife to be "careful" with me, even though we will have been married for a year or so at that point! Thanks for the vote of confidence, GBJ! #######...

Edited June 16, 2006 by bradentejas

[AUSC 0]

Yes, I was hoping for something different because of the significant process you usually have to go through to get married overseas anyhow.

So this means, for K3-ers, more intense background checks and at the interview a handing out of a flyer that tells my wife to be "careful" with me, even though we will have been married for a year or so at that point! Thanks for the vote of confidence, GBJ! #######...

I agree. The fact that they have included the word "SPOUSE" in question 19, it does appear that K3 is also affected.

19. Did you meet your fiancé(e) or spouse through the services of an international marriage broker?

[K3desparate 0]

Hi everyone,

I was just reading through the new I-129f instructions and form and came across they may give an indication as to wether or not IMBRA affects the spousal petition.

In the instructions, first page #3. Compliance with International Marraige Broker Regulation Act(IMBRA). it states the following..."If you met your fiance or spouse through the services of an international marraige broker, ........"

I'm just going by thier language here, but they do say fiance or SPOUSE...that would indicate to me that it affects the K-3 also......lets hope not, but according to the instructions the K-3 applicants have to answer the "imbra" questions also on the new form.

Where did you get the new I-129f instructions and forms ?.Should i assume that you have got your RFE or you just downloaded it from the internet or is just a sample ?

[aussiewench 9]

Hi everyone,

I was just reading through the new I-129f instructions and form and came across they may give an indication as to wether or not IMBRA affects the spousal petition.

In the instructions, first page #3. Compliance with International Marraige Broker Regulation Act(IMBRA). it states the following..."If you met your fiance or spouse through the services of an international marraige broker, ........"

I'm just going by thier language here, but they do say fiance or SPOUSE...that would indicate to me that it affects the K-3 also......lets hope not, but according to the instructions the K-3 applicants have to answer the "imbra" questions also on the new form.

Where did you get the new I-129f instructions and forms ?.Should i assume that you have got your RFE or you just downloaded it from the internet or is just a sample ?

Its the real thing now and is listed on the USCIS site under forms.

Jazzy

I agree and have believed from the beginning on reading the IMBRA that K-3's were also very much included. IMO wrong but unfortunately that seems to the case.

Edited June 16, 2006 by aussiewench

[De & Al 0]

Hi everyone,

I was just reading through the new I-129f instructions and form and came across they may give an indication as to wether or not IMBRA affects the spousal petition.

In the instructions, first page #3. Compliance with International Marraige Broker Regulation Act(IMBRA). it states the following..."If you met your fiance or spouse through the services of an international marraige broker, ........"

I'm just going by thier language here, but they do say fiance or SPOUSE...that would indicate to me that it affects the K-3 also......lets hope not, but according to the instructions the K-3 applicants have to answer the "imbra" questions also on the new form.

Where did you get the new I-129f instructions and forms ?.Should i assume that you have got your RFE or you just downloaded it from the internet or is just a sample ?

Has anyone been contacted to submit information or o resubmit the application, K3 or K1 ???

Its the real thing now and is listed on the USCIS site under forms.

Jazzy

I agree and have believed from the beginning on reading the IMBRA that K-3's were also very much included. IMO wrong but unfortunately that seems to the case.

[aussiewench 9]

Has anyone been contacted to submit information or o resubmit the application, K3 or K1 ???

Some from VSC for K-1 are just now starting to receive emails

[Jersey Girl 2]

Why are K3s affected?

Because, I venture to guess, there has never been a separate I-129 form for spousal visas. Instead of I-129F it would have been I-129S. But they never got around to making one, so spouse petitions are lumped together with fiancee petitions. This is such an absurd, clerical, bureaucratic bumbling reason for K3s being held up that I'm inclined to believe it.

The new question #19 asks if you met your finacee or spouse through a marriage broker. If so, give their name. Now I'm on the floor laughing. Because everyone who has met through a broker will simply answer No.

aussiwench: why didn't you tell me applying for K3 was like being in a Monty Python skit?

Edited June 16, 2006 by Jersey Girl

[Yodrak 7]

aussiewench,

Why wrong? It would make the law easily circumventable if one could simply marry overseas rather than in the USA and petition for a spouse rather than for a fiance(e).

Having written that, maybe there is a gaping loophole in the Act.....

Yodrak

I agree and have believed from the beginning on reading the IMBRA that K-3's were also very much included. IMO wrong but unfortunately that seems to the case.

[zyggy 9]

aussiewench,

Why wrong? It would make the law easily circumventable if one could simply marry overseas rather than in the USA and petition for a spouse rather than for a fiance(e).

Having written that, maybe there is a gaping loophole in the Act.....

Yodrak

I agree and have believed from the beginning on reading the IMBRA that K-3's were also very much included. IMO wrong but unfortunately that seems to the case.

Yes there is.. and the result is a lawsuit in the Federal Courts with the contention that that is an unequal treatment under the law in respect that it is being applied unequally since it applies only to K visas. So if a married couple goes for a CR-1, there is no check.. if they go for a K-3 , there is...

[Qiao - 108 days 0]

aussiewench,

Why wrong? It would make the law easily circumventable if one could simply marry overseas rather than in the USA and petition for a spouse rather than for a fiance(e).

Having written that, maybe there is a gaping loophole in the Act.....

Yodrak

I agree and have believed from the beginning on reading the IMBRA that K-3's were also very much included. IMO wrong but unfortunately that seems to the case.

You are right that people could circumvent the law, but what can they do? If a couple met through a broker without meeting the requirements, do they expect the couple to get divorced or live in another country? I realized this the other day. I don't see how they can apply these requirements to K-3s.

[Yodrak 7]

Jersey Girl,

Then they'd better create a good tale for an alternate way of having been introduced. And they'd better not forget any of the details of the story they've created as they go from petition to visa interview to AOS (or immigrant visa interview) to naturalization.

Because if it ever comes out that a material misrepresentation was made in order to obtain an immigration benefit they're going to be in deep doo-doo.

Yodrak

...

The new question #19 asks if you met your finacee or spouse through a marriage broker. If so, give their name. Now I'm on the floor laughing. Because everyone who has met through a broker will simply answer No.

...

giao,

They can easily apply the requirements to K3s - as illustrated by the fact that they've done so.

What's curious is the 'unlocked back door' that they've left by not applying the requirements to spousal immigrant visas thereby making it easy, if a bit more time-consuming, to circumvent the law.

Yodrak

aussiewench,

Why wrong? It would make the law easily circumventable if one could simply marry overseas rather than in the USA and petition for a spouse rather than for a fiance(e).

Having written that, maybe there is a gaping loophole in the Act.....

Yodrak

I agree and have believed from the beginning on reading the IMBRA that K-3's were also very much included. IMO wrong but unfortunately that seems to the case.

You are right that people could circumvent the law, but what can they do? If a couple met through a broker without meeting the requirements, do they expect the couple to get divorced or live in another country? I realized this the other day. I don't see how they can apply these requirements to K-3s.

Edited June 16, 2006 by Yodrak

[MPGGPM 0]

Don`t they already do those background checks for the CR-1 overseas BEFORE someone is able to come to the US ? ( at the embassies?)

Wouldn`t that be the difference between these k-1 and k-3 visas , because they did not have to go through such thorough background checks (and their spouses) BEFORE they arrived on US soil? They were allowed to come here and THEN it took place as they applied for AOS. (and where some of these k-1`s ran into trouble)

But isn`t it with the CR-1 ...that everything is done overseas already.....including all of those checks?

How would a CR-1 be a circumvention of this ?

Thanks

[aussiewench 9]

Don`t they already do those background checks for the CR-1 overseas BEFORE someone is able to come to the US ? ( at the embassies?)

Wouldn`t that be the difference between these k-1 and k-3 visas , because they did not have to go through such thorough background checks (and their spouses) BEFORE they arrived on US soil? They were allowed to come here and THEN it took place as they applied for AOS. (and where some of these k-1`s ran into trouble)

But isn`t it with the CR-1 ...that everything is done overseas already.....including all of those checks?

How would a CR-1 be a circumvention of this ?

Thanks

The USC petitioner filing the I-130 for their spouse is not being asked if they met through a marriage broker.....nor if they have any criminal history or about multiple filings of petitions. Yes they go through the regular security checks at service center, NVC etc but that is the same for the I-129F for fiance and spouse. What the IMBRA is asking for now is more on top but not for those that file the I-130.

Edited June 16, 2006 by aussiewench

[Reba 2]

the main difference being is that a spouse petitioning only with an I-130 is not having to endure a criminal background check, whereas petitioners with I-129F do. That's the loophole and backdoor. Couples who meet thru IMBs can now just get married and apply for CR1 and circumvent that whole I-129F process. it'll probably take just about as long now.