k3 and imbra

[drummer45 0]

I placed a call into Senator Kyl's (Arizona) office..... they have a gentleman who deals with immigration issues for the Senator. I will post his report as soon as they RECIEVE some answers. They seemed very concerned for the lack of information regarding IMBRA'a effect on the K3. IN the meantime, I wanted to see the congressional records regarding IMBRA. This is interesting information should you like to debate with your congressman in regards to WHAT they voted for.

http://thomas.loc.gov/cgi-bin/query/F?r109...7m1BIz:e149308:

Sec. 831. Short Title for the International Marriage Broker Regulation Act of 2005.

Sec. 832. International Marriage Broker Information Requirements. This section provides that a U.S. citizen filing a petition for a K visa for a fiancee from another country must provide information on criminal convictions for specified crimes. These include a list of violent crimes, including assault and battery as well as crimes relating to substance or alcohol abuse. The Department of Homeland Security will provide this criminal history information, along with results of their search for any criminal convictions to the foreign national beneficiary. The Department of State is prohibited from approving a fiancee visa if the petitioner has petitioned for more than 2 K visas in the past, or less than 2 years have passed since the petitioner filed for a K visa and that visa was approved. DHS can waive this bar, but if person has history of violent crimes, the bar cannot be waived unless DHS determined that there are extraordinary circumstances, or the individual's crimes were a result of domestic violence, the individual was not the primary perpetrator of the violence, and the crime did not result in serious bodily injury. DHS is directed to create a database to track repeated K applications and notify petitioner and spouse when second K is applied for in 10-year period. All future K applications will trigger similar notice, with domestic violence pamphlet being sent to K beneficiary. The fact that an individual was provided with this information and the domestic violence pamphlet for immigrants cannot be used to deny their eligibility for relief under VAWA.

Sec. 833. Domestic Violence Information and Resources for Immigrants and Regulation of International Marriage Brokers. This section directs DOS, DHS and DOJ to create a pamphlet on domestic violence rights and resources for immigrants as well as a summary of that pamphlet for use by Federal officials in the interview process. The pamphlet is to be translated into at least 14 languages and the required list of translations is to review and revised every 2 years based on the language spoken by the greatest concentration of K nonimmigrant visa applicants. The pamphlet is to be mailed to all K applicants with their visa application process instruction packet as well as a copy of the petition submitted by the petitioner. The pamphlet is to be made available to the public at all consular posts, and posted on the DOS, DHS, and consular post websites. The pamphlet will also be provided to any international marriage broker, government agency or non-governmental advocacy organization.

Sec. 834. Sharing of Certain Information. This section provides that there is no bar to the sharing of information between the relevant departments for the purpose of fulfilling the disclosure requirements of the U.S. petition.

I SEE THE k VISA IS VAGUE... (not seperating K1 from K3) but see the "k visa for fiancee" as encouraging

I also called USCIS this past Friday. After a 30 minute wait on the phone, I connected with a woman phone operator. After listening to me concerns for delays and lack of general information regarding K3 and IMBRA, she consulted with her supervisor. 3 minutes later, she responded to me the K3 is NOT affected by IMBRA, and applications are proceeding according to Hoyle. I told her if she had USCIS update the MSC I-129F date she would really ease tensions and increase credibility. I admit, I am not 100% confident in USCIS response, BUT I have Great expectations from Senator Kyl's offfice staff. The carry a bigger stick than me!

[Jersey Girl 2]

Thanks for doing the digging, drummer45. A few other folks have also been told by equally reliable sources that K3s are not affected. But the act clearly encompasses spousal as well as fiancee visas. And there hasn't been a bit of progress on K3s, which means there may be some confusion, or we really are in the same boat and can expect RFEs after they're done sending them to K1s. Without facts, it's hard to know what to believe. We're in Limbo: speculating, hoping, cursing, drinking, and taking it in stride because it's out of our control. Wake me when there's proof. Meanwhile, order me another beer.