Help, I just found out I'm IMBRA!

[e.y. 0]

And this is the answer that is freaking me out!

QUOTE (1HappyGuy @ Jun 26 2009, 09:42 AM)

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.

[Ebunoluwa 6,136]

Screen shots from IMBRA statement from afrointroductions. I paid for the service & it was free for women. Its not specific to USC & I believe it might be foreign based.

My question is? Is this illegal because I didn't exchange background check before saying hello? Thats my interpretation of this #######. Doesn't matter that my record is clean and I never filed a visa before. Thats what has me freaking out and I can't find any answers online. Makes me think I need a lawyer. I hope not!

The imbra section is optional and I remember seeing it in the profile but the law states that it is mandatory. That's why I was thinking of just signing back up to do the imbra thing. Better late than never. I hope they dont deny me on grounds we didn't exchange this form before saying hello. We are two able minded consenting adults, that would be an insane law.

The definition excludes matchmaking sites whose principal business in not providing dating services between U.S. residents and foreign clients and which charges like fees for its services regardless of the gender or national origin of the client.

Does the site just 'think' it falls under Imbra or does it really fall under Imbra ? Imbra has exclusions. Do the above

exclusions not included those of your web site ? If they do then you do not need to worry about Imbra.

Here another link if you want to consult an attorney which I think is not necessary.

http://www.arctec.com/imbra.html

Here a link of a thread where Pushbrk's comments make the most sense to me.

http://www.visajourney.com/forums/topic/51714-international-marriage-broker/page-2

[Ebunoluwa 6,136]

.......... excludes matchmaking sites whose principal business in not providing dating services between U.S. residents and foreign clients and which charges like fees for its services regardless of the gender or national origin of the client.

[Ebunoluwa 6,136]

If your web site falls under the exclusions then you do not have to mark Imbra.

Does the web site MOSTLY service foreigners to USC or also foreigners to foreigners and USC to USC ?

If so then you are excluded and do not have fall under IMBRA. If not then you don't.

The key is in the exclusion, that's it in a nut shell.

[Ebunoluwa 6,136]

http://www.datingsinglesguide.com/review/1272/afrointroductions.com

According to this description of afrointroductions it does not fall under IMBRA in my opinion because it does not

exclusively service USC and foreigners and it charges like fees for other Nationals and thereby falls under the exclusions.

I maintain my opinion that you are not IMBRA. I am not a lawyer. This is my personal opinion and if I were you

I would not check mark Imbra, nor sign up again.

[Jon9205 1]

WHAT IS THE INTERNATIONAL MARRIAGE BROKER REGULATION ACT (IMBRA)? The International Marriage Broker Regulation Act of 2005 (IMBRA) was signed into law on January 5, 2006 as part of the reauthorized Violence Against Women Act.4 In an effort to prevent the abuse and exploitation of so-called mail-order brides,5 the law imposes regulations on the international marriage broker (IMB) industry as well as mandates certain changes to the process by which a U.S. citizen may petition to sponsor a foreign fiancé(e) or spouse to come to the United States (on either a K1 (fiancé(e)) or K3 (spouse) visa). The Tahirih Justice Center helped draft IMBRA and mobilize support for its passage.

2. HOW IS AN INTERNATIONAL MARRIAGE BROKER (IMB) DEFINED UNDER IMBRA? An international marriage broker is first defined broadl

IMBRAAdvisory.pdf

[Jon9205 1]

Practical Tip: A business that does not charge comparable rates OR does not offer comparable services for its male and female clients falls under the definition of an IMB and is regulated by IMBRA

If the website charges comparable rates regardless of gender, then it is exempt. Or if its a free service such as Badoo.

It's funny how women who pay for services aren't considered at risk or who meet for free. This law is clearly temporary and unconstitutional. It's just gonna be around until someone takes it to the supreme court to get it overturned.

As far as the written consent from the beneficiary that she received a disclosure from that website that you provided her with your background check is beyond me or even the jokers who wrote the law.

I don't think visa officers take this section seriously because there more concerned with fraud rather than if you complied to some unconstitutional formality.

If you have the money call a lawyer. I don't even think the makers of this law have any clear answers to how to proceed if the website didn't comply with the law.

I think the disclaimer you posted is afrointroductions attempt to cover themselves from prosecution by suggesting you may have visa issues down the road if you don't complete the IMBRA section.

From a legal standpoint this topic is fascinating to me. We are seeing our rights being increasingly eroded by our ever evolving surveillance state. The founding fathers would be livid with this law.

I support providing all beneficiaries with background checks of petitioners prior to granting visas along with informing them of their rights against abuse and hot lines to call. However, demanding the petitioner submits a background check before even saying hello is unconstitutional. Because you would have to apply the same standard to both gender at sites like match.com & Badoo as well.

If you are clean of any criminal history & have never filed, I can't see how a VO would take issue with the fact you obtained a written consent from beneficiary that she reviewed your BC after you met.

[e.y. 0]

Thanks everyone! Ebonuwula is convincing me to check no. And I can't answer 35a because afro intro never did this. If I file and afro intro is imbra will they deny me for checking no? The lawyer link said they will. I'm still so confused. This is completely insane. This is afro intros fault not mine. Im just learning about this now. how am I supposed to go back and do this after knowing each other for a year. this written consent by imb is really causing me a nightmare

35a. If you answered Yes, provide the Internet and/or Street Address below. In additional, attach a copy of the signed, written consent form the IMB obtained from your beneficiary authorizing the release of your beneficiary's personal contact information to you. If additional space is needed, attach a separate sheet of paper.

[Ebunoluwa 6,136]

To set your mind at ease, you can just ask a lawyer that one question instead of having him/her do the entire

petition. Let them cruise your web site, ask your questions and voice your concerns.

Some lawyers have free consultations, some charger for an hour or so.

If you do just make darn sure that you have a good one ...... I bet if you ask 4 different lawyers you end up with different

opinions from them as well.

The way the law was written is ridiculous, I agree with Jon9205's post.

I have yet to see a post by someone saying they were denied due to not checking the box.

I interpret it as not being an Imbra issue with your site.

Good luck whatever you decide.

[e.y. 0]

Ok, So I just created a new account with afrointroductions.com. I filled out the IMBRA information, donated $30 to them for the ability to contact my fiance. And then sent her a message. She logged back in, My Lawyer advised me that I log back into this website since it could be possible considered IMBRA and offer a Post Hoc written consent form to my fiance. You know the question 35a thing: If you answered “Yes,” provide the Internet and/or Street Address below. In additional, attach a copy of the signed, written consent form the IMB obtained from your beneficiary authorizing the release of your beneficiary's personal contact information to you.

Well she received nothing before receiving my message or nothing afterwards. There was none of the IMBRA information I filled out even listed on my profile. I was like whats the point of even having that in the profile? So I sent them an angry tirade demanding they explain themselves! Are they or aren't they IMBRA.

We will see if I ever hear back, I highly doubt it. From that experience I'm deciding to check no for IMBRA because it doesn't make any sense to anyone! Even the lawyers I consulted today who gave me basically the same information Ebunluwa has been telling me all along, by the way thanks for the free legal consultation

[Ebunoluwa 6,136]

Ok, So I just created a new account with afrointroductions.com. I filled out the IMBRA information, donated $30 to them for the ability to contact my fiance. And then sent her a message. She logged back in, My Lawyer advised me that I log back into this website since it could be possible considered IMBRA and offer a Post Hoc written consent form to my fiance. You know the question 35a thing: If you answered “Yes,” provide the Internet and/or Street Address below. In additional, attach a copy of the signed, written consent form the IMB obtained from your beneficiary authorizing the release of your beneficiary's personal contact information to you.

Well she received nothing before receiving my message or nothing afterwards. There was none of the IMBRA information I filled out even listed on my profile. I was like whats the point of even having that in the profile? So I sent them an angry tirade demanding they explain themselves! Are they or aren't they IMBRA.

We will see if I ever hear back, I highly doubt it. From that experience I'm deciding to check no for IMBRA because it doesn't make any sense to anyone! Even the lawyers I consulted today who gave me basically the same information Ebunluwa has been telling me all along, by the way thanks for the free legal consultation

LOL.....you are welcome for my "I am no attorney" personal advice and opinion.

[Al422 221]

We used Filipino Cupid. I researched the question before submitting my petition, including contacting the site operators. They said that they definitely qualify for the IMBRA exception in that they don't concentrate on US clients and charge comparable rates to clients of other nations. Nevertheless I checked yes since it would be easier to explain that we met online and fall within the exception in the written petition instead of letting my fiance deal with that for the first time at the interview. I put everything on the table, showing them the voluntary IMBRA form I filled out as well as copies of the email exchanges between me and the site operators.

The last chapter has not been written yet since her interview is months away, but I think I got it right.

[Ebunoluwa 6,136]

A1422, love your Captain Kirk convo and yes, we def do need a new system around here.

[Ebunoluwa 6,136]

REPORTED.

[Ebunoluwa 6,136]

I hope no one is silly enough to click on the above spam links. Waiting for a mod to delete it.