IMBRA question

[Fullboat 0]

As it is almost everyone has met their foreign fiancee on -line somehow..But I have been reading into this for a week now and I do not see anyone ask this question or give an answer about it...As it is I met my fiancee through LatinAmericancupid.com + Now since I paid to have access to the site I am subject to IMBRA... But this site does not do a pre-member screening...In other words they do not ask the questions that the IMBRA rule of 2006 requires..That is you must fill out a form stating your background information..But LatinCupid does not do that...So how does this work? I answer yes we met through a paid website..But No they did not pre-screen me? How does this affect the USCIS review of the I-129F application...If the website does not ask that information then how do I state that on the I129F form ? I am sure they are familiar with that website as it is very popular....

Edited May 2, 2009 by Fullboat

[Matt & Bing 56]

The general feeling here is that sites like LatinAmerican Cupid.com are not marriage brokers and not subject to IMBRA.

In addition, I took question 18 on the I-129F to mean how did you meet in person, not how did you originally meet. I did not mention that we met online, I only explained the details of my trip to meet my fiancee and her family. I was approved.

[Old Dominion 26]

IMBRA does not apply to you. That website is not a marriage broker.

[baron555 934]

Lots of confusion. Here's what I did for my petition.

I obtained Alla's email address by paying for a certain level of membership on Elena's Models. Since I had to pay to obtain the address, I felt EM fell into the gray IMBRA agency area regulation langugage.

Do a search for past related articles.

So for Question 18 I simply stated, We met online, corresponded via email, SMS text messaging, phone calls and Skype video conference calls. Then in from Feb 14 to Feb 24 we met in Kiev, Ukraine.

For Question 19 I merely listed EM's address, phone number and website URL address.

There is no penalty for having information in Question 19.

[NatPatBen 3]

As it is almost everyone has met their foreign fiancee on -line somehow..But I have been reading into this for a week now and I do not see anyone ask this question or give an answer about it...

Not too sure about that.

[Fullboat 0]

IMBRA does not apply to you. That website is not a marriage broker.

So if LatinCupid is not an IMB than I do not have to answer question #2 in part C of the I-129F application ?

[baron555 934]

IMBRA does not apply to you. That website is not a marriage broker.

So if LatinCupid is not an IMB than I do not have to answer question #2 in part C of the I-129F application ?

Here is question 2 in part C:

2. Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the

following crimes

Yes you do have to answer this question, but what does this have to do with your original posting? Are you confused?

[Fullboat 0]

IMBRA does not apply to you. That website is not a marriage broker.

So if LatinCupid is not an IMB than I do not have to answer question #2 in part C of the I-129F application ?

Here is question 2 in part C:

2. Have you ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the

following crimes

Yes you do have to answer this question, but what does this have to do with your original posting? Are you confused?

I thought Question #2 in part C was related to IMBRA so I guess I was confused...

[baron555 934]

IMBRA does apply to us. As stated before, I'd err to the conservative and just list that site in Question 19. No harm or penalty. I did for mine.

You have to answer all questions in Part C. Look at the Example Forms, button at top of page, for guidance of what to put.

[interested 0]

As it is almost everyone has met their foreign fiancee on -line somehow..But I have been reading into this for a week now and I do not see anyone ask this question or give an answer about it...As it is I met my fiancee through LatinAmericancupid.com + Now since I paid to have access to the site I am subject to IMBRA... But this site does not do a pre-member screening...In other words they do not ask the questions that the IMBRA rule of 2006 requires..That is you must fill out a form stating your background information..But LatinCupid does not do that...So how does this work? I answer yes we met through a paid website..But No they did not pre-screen me? How does this affect the USCIS review of the I-129F application...If the website does not ask that information then how do I state that on the I129F form ? I am sure they are familiar with that website as it is very popular....

I met a girl on Colombiacupid (in the end things didn't work out). However, I just told the interviewer at the Embassy the truth of how we originally met and it was never an issue. On a side note, this law is stupid and can be interpreted lots of different ways. I spent thousands of dollars doing things the right way but illegals come in with impunity and get aways with anything they want. The whole system is broken and no one really cares. The only ones that suffers are the law abiding citizens of the United States.

[baron555 934]

.If the website does not ask that information then how do I state that on the I129F form ?

This is not a problem because you are asked the question on your I-129F submittal which in turn you send a complete copy to your SO to take to their interview. Trust me, if you answered Yes and provided the information relative to why you are not a risk, your SO will be asked about it during the interview.

[1HappyGuy 45]

You should understand that IMBRA only applies to American based IMB's. If the IMB is foreign based, (e.g. from Colombia) they are not subject to IMBRA so they don't have to ask the questions. If you paid for the service, in most cases the USCIS will consider it an IMB. So, find out if the company is foreign based. If yes, state that in your application. If they are U.S.A. based, then you need to ask the website administators, what they consider themselves.

[JimVaPhuong 4,863]

You should understand that IMBRA only applies to American based IMB's. If the IMB is foreign based, (e.g. from Colombia) they are not subject to IMBRA so they don't have to ask the questions. If you paid for the service, in most cases the USCIS will consider it an IMB. So, find out if the company is foreign based. If yes, state that in your application. If they are U.S.A. based, then you need to ask the website administators, what they consider themselves.

The IMBRA specifically allows for foreign based companies to be classified as IMB's.

IN GENERAL.—The term ‘‘international marriage

broker’’ means a corporation, partnership, business, individual,

or other legal entity, whether or not organized

under any law of the United States, that charges fees

for providing dating, matrimonial, matchmaking services,

or social referrals between United States citizens or

nationals or aliens lawfully admitted to the United States

as permanent residents and foreign national clients by

providing personal contact information or otherwise facilitating

communication between individuals.

The law goes on to make exceptions for non-profit cultural or religious organizations, or for organizations that offer the same services to everyone for the same fee, regardless of gender or nationality (i.e., not primarily directed at providing services to US citizens).

What's more, if the service is found to be an IMB under the legal definition, and if they did not comply with the requirements of the act and provide the foreign beneficiary with the required information about the US petitioner, then the introduction can be found to be illegal, and the petition can be denied, EVEN IF the IMB is located in a foreign country.

According to a 2008 report from the GAO regarding USCIS and DOS compliance with the IMBRA requirements, USCIS stated that they are planning on introducing a requirement that petitioners who used an IMB will have to submit a letter of certification from the IMB stating that the IMB has complied with the terms of the IMBRA. Also, the IMBRA requires foreign consulates to inquire about the use of an IMB at the interview stage, and whether the beneficiary has received the required information from the IMB, but the GAO report has found that consulates have NOT been routinely performing this required inquiry.

So in response: Yes, a foreign service is not bound by the IMBRA, and does not have to request the information. However, the US petitioner is still bound by US law. If the USC uses a foreign service that is not in compliance with the IMBRA, then their petition and visa MAY be approved, but only because neither USCIS or DOS are currently doing their required job of enforcing the act adequately. As USCIS and DOS begin performing their required jobs, you can expect to see a lot more petitions denied where online dating sites are involved.