whatever happened to the prior disclosure thing?

[top-gorilla 0]

My question is about the requirement that so called marriage brokers had to get this background info on the USC and have it translated into the native language of the foreigner, then have that person sign off that she (or he) had read it. Everything I see posted and talked about is just answering if one used the so called IMB or not. My understanding was that if the s.c. IMB did not follow that rule, the filing was not really going to be proper, as one could not go back in time. I also thought this was why a lot of the little mom and pop IMB's threw in the towel, as they were not set up to deal with the prior disclosure thing. But I never see this aspect discussed, and wonder why, what the deal on that is. Should I punch in a bit of detail? H.R. 3402-110 (H)(d)(3)(A)that international marriage brokers provide foreign national clients with background information gathered on United States clients from searches of Federal and State sex offender public registries blah blah blah, it goes on forever and makes you want to jump off a cliff just thinking of trying to legally comply with all of this. But instead, the talk is about waivers for too many visas, and whether or not to claim the outfit was a s.c. IMB. So, what happened to the rest of this requirement? I would copy more in, but it was a PDF and it makes your eyes glaze over typing it or reading it. Someone who is up to speed on this, please fill me in. My visa was done before IMBRA, but a friend is going thru this process, and I would like to know the real scoop.

Thanks,

Mark

[1HappyGuy 45]

IMBRA has had a strange affect to the so called Marriage Broker business. First of all, if the internet connection (i.e. marriage broker web site) is of foreign ownership, then they are not subject to American laws and may or may not comply with IMBRA. Also, a legal action was instituted against the law by an American based M.B. which had the effect of slowing down the full implementation of the act.

You are right that most people are asking about waivers and that's for good reason. Regardless of how you read the law, the way the USCIS is interpreting it, is all that matters. Essentially the main points are how did you meet your foreign fiance/fiancee? If you paid for membership, translations, whatever, then the USCIS says its an IMB. Therefore, you are subject to the IMBRA requirements, which means full disclosure of your background to the foreign person.

The other more thorny aspect is, if you have applied for a K-1 visa in the past you will be subject to IMBRA. That is how the USCIS is interpreting it. Last summer this web site was virtually on fire with the angry words of members getting screwed by IMBRA and the interpretations. Since then, there have been a number of members that have successfully applied for a waiver and passed along their successful procedure. Thus, the focus has become about waivers.

[top-gorilla 0]

IMBRA has had a strange affect to the so called Marriage Broker business. First of all, if the internet connection (i.e. marriage broker web site) is of foreign ownership, then they are not subject to American laws and may or may not comply with IMBRA. Also, a legal action was instituted against the law by an American based M.B. which had the effect of slowing down the full implementation of the act.

You are right that most people are asking about waivers and that's for good reason. Regardless of how you read the law, the way the USCIS is interpreting it, is all that matters. Essentially the main points are how did you meet your foreign fiance/fiancee? If you paid for membership, translations, whatever, then the USCIS says its an IMB. Therefore, you are subject to the IMBRA requirements, which means full disclosure of your background to the foreign person.

The other more thorny aspect is, if you have applied for a K-1 visa in the past you will be subject to IMBRA. That is how the USCIS is interpreting it. Last summer this web site was virtually on fire with the angry words of members getting screwed by IMBRA and the interpretations. Since then, there have been a number of members that have successfully applied for a waiver and passed along their successful procedure. Thus, the focus has become about waivers.

Thanks for the reply. I know that some of the IMB's outside of the U.S. are ignoring the disclosure thing. So I feel many people are using these businesses and just following the normal process from that point on, finding out about IMBRA after they have contacted the lady (or man), and agreed to marriage. But I wonder what is happening when a person uses such a site without doing the disclosure thing. I wouldn't be a bit surprised if folks are using non compliant offshore IMBs and then finding out later that they should have done this disclosure thing. So then, can they never get a visa for that fiance, as they did not follow the rules? I just wonder how that plays out. I saw someone else had a similar topic posted, so I will watch that also.

I also wonder about this. With IMBRA the law, perhaps it would be a better management decision to marry over there and go with the spousal visa. Would this bypass ALL of the IMBRA regulations, or would it not? May have to make that a separate thread, as we are not getting much comment on this.

[1HappyGuy 45]

My understanding is that the USCIS makes the determination if you need to disclose information in order to approve your application. Generally is comes in the form of RFE (request for evidence). Then the information is discussed at the US embassy office during the fiance/fiancee visa application interview. So, this is not a good place for her to find out something not so great about you. You can see that's the catch to this whole thing.

As to getting married in the foreign country and then applying for K-3, spousal visa, then Yes. Applying for a spousal visa is suppose to avoid the IMBRA requirements. But, do you really want to go that route? The time frame is just a little slower, but then you are already married. Just playing devils advocate.

Good luck with your decision.

[top-gorilla 0]

My understanding is that the USCIS makes the determination if you need to disclose information in order to approve your application. Generally is comes in the form of RFE (request for evidence). Then the information is discussed at the US embassy office during the fiance/fiancee visa application interview. So, this is not a good place for her to find out something not so great about you. You can see that's the catch to this whole thing.

As to getting married in the foreign country and then applying for K-3, spousal visa, then Yes. Applying for a spousal visa is suppose to avoid the IMBRA requirements. But, do you really want to go that route? The time frame is just a little slower, but then you are already married. Just playing devils advocate.

Good luck with your decision.

[payxibka 10,045]

My understanding is that the USCIS makes the determination if you need to disclose information in order to approve your application. Generally is comes in the form of RFE (request for evidence). Then the information is discussed at the US embassy office during the fiance/fiancee visa application interview. So, this is not a good place for her to find out something not so great about you. You can see that's the catch to this whole thing.

As to getting married in the foreign country and then applying for K-3, spousal visa, then Yes. Applying for a spousal visa is suppose to avoid the IMBRA requirements. But, do you really want to go that route? The time frame is just a little slower, but then you are already married. Just playing devils advocate.

Good luck with your decision.

I don't now how the USCIS is adjudicating K-3's but the only component of IMBRA that, according to the law, that does not affect K-3 petitioners is the multiple petition limitation. I-130 petitioners (IR1/CR1) are not affected.

[top-gorilla 0]

My understanding is that the USCIS makes the determination if you need to disclose information in order to approve your application. Generally is comes in the form of RFE (request for evidence). Then the information is discussed at the US embassy office during the fiance/fiancee visa application interview. So, this is not a good place for her to find out something not so great about you. You can see that's the catch to this whole thing.

As to getting married in the foreign country and then applying for K-3, spousal visa, then Yes. Applying for a spousal visa is suppose to avoid the IMBRA requirements. But, do you really want to go that route? The time frame is just a little slower, but then you are already married. Just playing devils advocate.

Good luck with your decision.

Actually, I got married about a year and a half ago. I am working with a friend on this process now. When I went thru the process, I seriously considered marriage there, and while I was approved, saw enough to make me think even then, pre IMBRA, that the spousal visa might be a better way to be more sure of approval. The downside is you have to get to the point where you would have been here, if you had brought her here for a couple of months and then married. In other words, you have to be sure she is the right choice, and you are ready to marry and sure of your partner. Right? Is that the downside you are seeing? The upside is, you can bypass all IMBRA requirements (right, is that absolutely the case?), you do not get fiance visas run up (reducing your future potential for more of them), and you probably make a stronger case for having a real relationship ,assuming you set up a real marriage and relationship in her country of origin. It would seem to me that at some point, especially considering how uncertain and confused the rules and enforcement have become on IMBRA (see the mind numbing article Marc Ellis did, about some detail relating to this, referenced in the IMBRA forum elsewhere), that this might be a better way to go just as a business decision (that is, the business of getting a visa actually done).

The thing that really bothers me about the basic situation now is about meeting a lady, and not having actually followed the disclosure requirements (which I really wonder how many people are following them) and then not being able to go back in time, and so therefore not being a legal filing, and therefore getting the case denied. Almost anything can be construed as requiring one to follow those disclosures, and I don't see the offshore IMBs enforcing this, and I am just thinking this may be the only way to be sure you are legal, and may actually result in a better rate of approval.

I appreciate all comments.

[1HappyGuy 45]

My comments were really about making sure this was the right lady for you. But, also you have to understand that the difference in culture, language, customs, etc. can be quite a shock. Sometimes the lady (or guy) just doesn't like it here, even if they might really like you. It happens.

So, of course, if you are certain about a particular person the difference is very slight. I didn't mean that someone didn't know what they were doing, only suggesting caution. Marriage is tough enough, just on it own. When we add in the differences one never knows if it will be great or a complete disaster.