Manila US Embassy - IMBRA Questions Asked?

[garya505 2]

Although I find your arguement uncompelling, if you really think that they will weigh the use of a noncompliant marriage broker so heavily as to overcome any other evidence of a valid relationship, you can take it out of the hands of the CO by disclosing it on the original petition to the USCIS. Any information contained in your original petition that was approved cannot be readjudicated by the CO at the consulate.

USCIS apparently can't even decide if certain web sites are IMBs or not (for example, Cherry Blossoms). So, why can't the CO simply say that a law was broken because the couple met on a non-compliant IMB and the beneficiary was not provided the petitioner's background information as required by law (even thought there is no criminal record in it), so the VISA is denied?

Cherry Blossoms is an Australian owned website, and as such does cannot violate the requirements of the statute.

Your visa is not going to be denied because some web site broke a law. You are making an issue where there is none. If a U.S. owned website breaks a law, any adverse action would be taken against the website, not the members. The law does not make it illegal to be a member of such a site or to meet through such a site. Your requirement, under the statute is to provide certain information with your petition--nothing more. It does not restrict your use of any website.

Actually Cherry Blossoms is owned and operated inside the U.S. But, I agree with you that they aren't going to be denying anyone's visa based on some website not being IMBRA compliant.

Yes, Cherry Blossoms is based in Hawaii I think. The funny thing is that they say they are NOT an IMB by the IMBRA definition, but if you read the definition they obviously are an IMB. They also claim that if you call USCIS and ask them if CB is an IMB you will get a different answer depending on who takes the call.

I still think that the CO has the authority to deny or approve the VISA due to IMBRA. They can simply say that the relationship is not bonafide since the couple obviously used a non-complaint web site to get around the IMBRA requirement for criminal disclosure, even if there is no criminal record to disclose.

[Dean iWait 0]

Yeah Cherry Blossoms told me they are not an IMB. I was like ok sure LOL. All I know is Sheryl and I met before the law was even voted on in congress. So they certainly can't expect a website to comply when the law didn't even exist. For couples that met after 3/6/06 it could be a little more complicated, but I don't think they will hold couples accountable for something they have no control over. The website should be held accountable. I guess we will find out soon enough.

[garya505 2]

Yeah Cherry Blossoms told me they are not an IMB. I was like ok sure LOL. All I know is Sheryl and I met before the law was even voted on in congress. So they certainly can't expect a website to comply when the law didn't even exist. For couples that met after 3/6/06 it could be a little more complicated, but I don't think they will hold couples accountable for something they have no control over. The website should be held accountable. I guess we will find out soon enough.

Ya, I can prove we met before 3/6/06, but it's an interesting question nevertheless.

[Mew 0]

Yeah Cherry Blossoms told me they are not an IMB. I was like ok sure LOL. All I know is Sheryl and I met before the law was even voted on in congress. So they certainly can't expect a website to comply when the law didn't even exist. For couples that met after 3/6/06 it could be a little more complicated, but I don't think they will hold couples accountable for something they have no control over. The website should be held accountable. I guess we will find out soon enough.

International websites are not required to comply with American laws, but with the laws from the country they are in. They can simply take a look at IMBRA and inform customers whether they think they're a marriage broker or not as per the legal definition. But I guess regardless of what their opinion is, the best thing one can do to do is read the law, check the definition and decide for themselves.

It's not your responsibility to make sure the site is IMBRA compliant. You only have to show that your relationship is bonafide.

I agree with John and Marlene's assessment.

[garya505 2]

I guess we will just have to wait and see if there are any VISA denials solely for using a non-compliant web site.

[Mew 0]

From http://www.online-dating-rights.com/pdf/IMBRA2005.pdf

VISA AND ADJUSTMENT INTERVIEWS.—

(1) FIANCE´ (E)S, SPOUSES AND THEIR DERIVATIVES.—During

an interview with an applicant for a K nonimmigrant visa, a consular officers shall—

(A) provide information, in the primary language of the visa applicant, on protection orders or criminal convictions collected under subsection (a)(5)(A)(iii);

(B) provide a copy of the pamphlet developed under subsection (a)(1) in English or another appropriate language and provide an oral summary, in the primary language of the visa applicant, of that pamphlet; and

© 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).

[garya505 2]

From http://www.online-dating-rights.com/pdf/IMBRA2005.pdf

VISA AND ADJUSTMENT INTERVIEWS.—

(1) FIANCE´ (E)S, SPOUSES AND THEIR DERIVATIVES.—During

an interview with an applicant for a K nonimmigrant visa, a consular officers shall—

(A) provide information, in the primary language of the visa applicant, on protection orders or criminal convictions collected under subsection (a)(5)(A)(iii);

(B) provide a copy of the pamphlet developed under subsection (a)(1) in English or another appropriate language and provide an oral summary, in the primary language of the visa applicant, of that pamphlet; and

© 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).

And what if the international marriage broker DID NOT provide the applicant the required information and materials required under subsection (d)(3)(A)(iii) ???

It doesn't say what the consequences are, does it?

[Mew 0]

From http://www.online-dating-rights.com/pdf/IMBRA2005.pdf

VISA AND ADJUSTMENT INTERVIEWS.—

(1) FIANCE´ (E)S, SPOUSES AND THEIR DERIVATIVES.—During

an interview with an applicant for a K nonimmigrant visa, a consular officers shall—

(A) provide information, in the primary language of the visa applicant, on protection orders or criminal convictions collected under subsection (a)(5)(A)(iii);

(B) provide a copy of the pamphlet developed under subsection (a)(1) in English or another appropriate language and provide an oral summary, in the primary language of the visa applicant, of that pamphlet; and

© 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).

And what if the international marriage broker DID NOT provide the applicant the required information and materials required under subsection (d)(3)(A)(iii) ???

It doesn't say what the consequences are, does it?

If not, I guess the conof would report the competent authorities about it. Judging by what we're asked to bring to the interview, it's not the petitioner's or the beneficiary's job to make sure the international marriage broker does whatever they're supposed to do according to the law. What needs to be established is whether the beneficiary is eligible for a visa, won't be a financial burden to the government and they have a legit relationship with the petitioner, whether they've met through a marriage broker or not.