black market broker

[stebbinsd 0]

Due to the fact that most women are cruel in my area, and even if I do find one, 50% of all domestic marriages end in failure, I didn't want to just get married and loose half my #######. So, I've considered looking overseas for a soul mate. However, I found THIS page:

heartofasiaonline.com/hr3402.php

It says that, unless you go through an international marriage broker that complies with IMBRA, you will get denied your fiance's K1 visa.

Is that true? Just because my BROKER made a mistake, I can't get her visa?

I've read the entire IMBRA statute (it's not a very big statute), and it never says anything like "If a sponsor meets their fiance through the services of an international marriage broker that does not conduct these background checks, they shall not be granted a fiance visa."

So, is there any real merit to this outlandish claim? Can I really get denied a visa because my fiance didn't know about my criminal history BEFORE I even sent her the first email, even though it's the broker's fault, and not mine?

I could care less if the broker has to pay a fine; that's not my concern. What does that have to do with me? I'm willing to give my criminal history (I've got nothing to hide), but so few international dating websites conduct these checks. If all that comes of them not conducting these background checks is a fine, that's fine (no pun intended) with me, as long as I get the fiance visa that I want.

Can someone shine some light on this subject?

[Bobby+Umit 161]

Yes, if they are considered an IMB, and they didn't comply with the regulations, it can affect the K-1 visa.

K Visa Interview Changes

The U.S. consul must ask the fiancé(e) during the Embassy/Consulate interview whether an IMB facilitated the couple's relationship, and if so, the consul must determine the name of the IMB and confirm that the IMB acted in accordance with the new requirements regarding information gathering and disclosure, as well as pamphlet dissemination.

Discussion

The new rules will have a substantial impact on K1 petitioners who met through international marriage brokers. It should not affect petitioners who met though services like Yahoo! Personals which provide contact services with foreign nationals as an incidental part of their services. The fiancé(e) will be asked in every instance whether she met her fiancée through a matchmaking site. If she replies untruthfully and is found out (a very real possibility), she will be denied the visa and barred from ever receiving a U.S. visa of any kind. If she admits to the means of acquaintance, but can not convince the consular officer that the marriage agency provided her with the required disclosures, the visa may be refused.

(source)

Reading through the complete law on this:

© ask the applicant, in the primary language of the applicant, whether an international marriage broker has

facilitated the relationship between the applicant and the United States petitioner, and, if so, obtain the identity of the international marriage broker from the applicant

and confirm that the international marriage broker provided to the applicant the information and materials required under subsection (d)(3)(A)(iii).

(d)(3)(A)(iii)

(A) IN GENERAL.—

(i) SEARCH OF SEX OFFENDER PUBLIC REGISTRIES.—

Each international marriage broker shall search the

National Sex Offender Public Registry or State sex

offender public registry, as required under paragraph

(3)(A)(i).

(ii) COLLECTION OF BACKGROUND INFORMATION.—

Each international marriage broker shall also collect

the background information listed in subparagraph (B)

about the United States client to whom the personal

contact information of a foreign national client would

be provided.

(B) BACKGROUND INFORMATION.—The international

marriage broker shall collect a certification signed (in written,

electronic, or other form) by the United States client

accompanied by documentation or an attestation of the

following background information about the United States

client:

(i) Any temporary or permanent civil protection

order or restraining order issued against the United

States client.

(ii) Any Federal, State, or local arrest or conviction

of the United States client for homicide, murder, manslaughter,

assault, battery, domestic violence, rape,

sexual assault, abusive sexual contact, sexual exploitation,

incest, child abuse or neglect, torture, trafficking,

peonage, holding hostage, involuntary servitude,

slave trade, kidnapping, abduction, unlawful

criminal restraint, false imprisonment, or stalking.

(iii) Any Federal, State, or local arrest or conviction

of the United States client for—

(I) solely, principally, or incidentally engaging

in prostitution;

(II) a direct or indirect attempt to procure

prostitutes or persons for the purpose of prostitution;

or

(III) receiving, in whole or in part, of the proceeds

of prostitution.

(iv) Any Federal, State, or local arrest or conviction

of the United States client for offenses related to controlled

substances or alcohol.

(v) Marital history of the United States client,

including whether the client is currently married,

whether the client has previously been married and

how many times, how previous marriages of the client

were terminated and the date of termination, and

whether the client has previously sponsored an alien

to whom the client was engaged or married.

(vi) The ages of any of the United States client’s

children who are under the age of 18.

(vii) All States and countries in which the United

States client

So - if the IMB you used did not follow the rules, your case can either be delayed or denied. Depends on the embassy - most likely they will delay it, so the individual can get all the information that the IMB should of provided.

(reasoning they could use for denial, the original 129F did not comply with the IMBRA - benificiary was not given petitioners background info as required by the law)

Edited January 20, 2010 by Bobby+Umit

[toma1 10]

Is that true? Just because my BROKER made a mistake, I can't get her visa?

Don't use a broker and avoid the issue all together... seems like it might be more fun to find your own spouse, anyway. If you are interested in Filipina women, go to the Philippines and understand their culture. It's not very hard to meet someone there.