USCIS Interoffice Memo

[aussiewench 9]

Thought this would be of great interest as it goes into how the IMBRA related issues will be adjudicated. I dont know if this has been posted already, so my apologies if it has.

Re: International Marriage Broker Regulation Act Implementation Guidance

http://www.uscis.gov/graphics/lawsregs/han...IMBRA072106.pdf

Edited August 11, 2006 by Captain Ewok

[iceyspots 0]

good info with detailed examples.. thanks

[Vera-N-Michael 0]

Thanks, Answered most of my questions. However I did go thru a Marriage/Romance company. How does this affect my I-129 Petition.

[rlt 0]

GREAT INFO!

thanks!

[aussiewench 9]

Thanks, Answered most of my questions. However I did go thru a Marriage/Romance company. How does this affect my I-129 Petition.

From my understanding of the IMBRA, going through a MB is not going to come into play until the interview and the applicant is asked questions. To the best of my knowledge the MB section of IMBRA and MB's being compliant with IMBRA is not grandfathered.

[William33 110]

Aussiewench, Great information, Thanks.

I especially liked this part:

A. Treatment of Pending Cases Filed on or after March 6, 2006

Adjudicators must prepare a request for additional evidence (RFE) on all cases filed after March 6, 2006, that were not filed using a version of Form I-129F pre-dating the May 23, 2006, version and that were not accompanied by a sworn statement by the petitioner to the IMBRA questions. The RFE should include the background IMBRA information and required additional questions, as well as request any additional documentation lacking from the initial submission. The RFE template is attached and is labeled “Supplement to Form I-129F.” Issuance of this RFE, which includes a request for any additional documentation lacking from the initial submission of the Form

International Marriage Broker Regulation Act Implementation Guidance HQOPRD 70/6.2.11 Page 7

Obviously they missed this guidance...

[aussiewench 9]

Aussiewench, Great information, Thanks.

I especially liked this part:

A. Treatment of Pending Cases Filed on or after March 6, 2006

Adjudicators must prepare a request for additional evidence (RFE) on all cases filed after March 6, 2006, that were not filed using a version of Form I-129F pre-dating the May 23, 2006, version and that were not accompanied by a sworn statement by the petitioner to the IMBRA questions. The RFE should include the background IMBRA information and required additional questions, as well as request any additional documentation lacking from the initial submission. The RFE template is attached and is labeled “Supplement to Form I-129F.” Issuance of this RFE, which includes a request for any additional documentation lacking from the initial submission of the Form

International Marriage Broker Regulation Act Implementation Guidance HQOPRD 70/6.2.11 Page 7

Obviously they missed this guidance...

That had caught my eye too until a couple of paragraphs below under the same section......

Adjudicators should review the Form I-129F for completeness, noting supporting

documentation that is not present. At this stage, a second RFE may be required for missing items such as date of last meeting or the Form G-325A, Biographic Information.

Edited August 9, 2006 by aussiewench

[William33 110]

Ahhh, typical Government memorandums! Oh, how I don't miss those!

This one is obviously as clear as mud..Thus, the process at hand.

Aussiewench, Great information, Thanks.

I especially liked this part:

A. Treatment of Pending Cases Filed on or after March 6, 2006

Adjudicators must prepare a request for additional evidence (RFE) on all cases filed after March 6, 2006, that were not filed using a version of Form I-129F pre-dating the May 23, 2006, version and that were not accompanied by a sworn statement by the petitioner to the IMBRA questions. The RFE should include the background IMBRA information and required additional questions, as well as request any additional documentation lacking from the initial submission. The RFE template is attached and is labeled “Supplement to Form I-129F.” Issuance of this RFE, which includes a request for any additional documentation lacking from the initial submission of the Form

International Marriage Broker Regulation Act Implementation Guidance HQOPRD 70/6.2.11 Page 7

Obviously they missed this guidance...

That had caught my eye too until a couple of paragraphs below under the same section......

Adjudicators should review the Form I-129F for completeness, noting supporting

documentation that is not present. At this stage, a second RFE may be required for missing items such as date of last meeting or the Form G-325A, Biographic Information.

[Dean iWait 0]

Thanks, Answered most of my questions. However I did go thru a Marriage/Romance company. How does this affect my I-129 Petition.

From my understanding of the IMBRA, going through a MB is not going to come into play until the interview and the applicant is asked questions. To the best of my knowledge the MB section of IMBRA and MB's being compliant with IMBRA is not grandfathered.

The MB being compliant doesn't really apply if you met prior to 3/6/06 right? Maybe I'm not understanding you correctly. Although I expect they might attempt to gather data on the MB at the interview they certainly couldn't expect the MB to comply before the law went into affect.

[aussiewench 9]

Thanks, Answered most of my questions. However I did go thru a Marriage/Romance company. How does this affect my I-129 Petition.

From my understanding of the IMBRA, going through a MB is not going to come into play until the interview and the applicant is asked questions. To the best of my knowledge the MB section of IMBRA and MB's being compliant with IMBRA is not grandfathered.

The MB being compliant doesn't really apply if you met prior to 3/6/06 right? Maybe I'm not understanding you correctly. Although I expect they might attempt to gather data on the MB at the interview they certainly couldn't expect the MB to comply before the law went into affect.

That is what I was saying yes. I was also saying that the MB part of the law does not come into play anyway until the interview. The questions at the interview stage wouldnt or shouldnt come into play unless one met through a MB after march 6.