Hey W199, thanks for your messages. I will PM you about that contact you mentioned, thanks for your help.
I recall using this site about 20 years ago and it was very helpful. Nice to see folks not blasting me for my age difference or number of ex wives or whatever.
I had a total of 3 fiance visas, 0 spousal visas. 2 of those turned into marriages and eventually divorces. 1 visa resulted in the girl returning to her own country. I also had a marriage early in my life that was with an American, so of course no visa required.
The visa agency here in Cebu at $1,350 is a pretty large and a relatively well known business, for what it is. I suppose we can say “scam” is a relative term, especially over here. I think the agency is probably okay, we know of people who have used them with good results. Over here, there are several agencies that also specialize in getting visas for natives trying to get away by using overseas work or education as a path. One could say that entire industry is something of a scam, yet at the same time it is legal and ongoing.
Any and every business over here is soaking in this alternative business/governmental landscape, and we could probably say they all have to participate in what you and I consider to be scams. Even doing my own visa extensions here, there are government guys coming around whispering to us about a special path to a faster service. But I digress.
I am so detail oriented on this kind of thing that to me, I expect the agency we use to know MORE about the details than I do, not less. And I have to assume they know the system, I know the agency does lots of visas, it is just disappointing to me that they had those answers to my questions and concerns. Fortunately there is no big hurry, we will finally marry in about 6 weeks or so, and then we cannot file until we get the marriage certificate, which supposedly takes up to 3 months. We are happy in Cebu, but I do eventually want to get us in a cleaner and more organized environment, and I have a nice life for us back in the U.S.
DETAILED DISCUSSION OF IMBRA FOLLOWS, THIS IS DULL READING AND NOT SUGGESTED FOR ANYONE WHO IS NOT CONCERNED WITH THE STATUTE
Any IMBRA comments below are just my understandings and opinion, not a statement of legal opinion or certain fact.
On the waiver you discuss, if I am not mistaken, that is part of the IMBRA requirement, and that aspect of it is supposed to be about FIANCE visas, not SPOUSAL visas. Or at least, the lifetime limit is for those FIANCE visas (again, this is all my understanding, I am not an expert, which is why I want to pay for help). That is also one of the reasons I decided to go the spousal route instead of the fiancé path. Plus, we have been attached over 7 years, so I am pretty certain about our relationship working out.
IMBRA supposedly ALSO comes into play on whether or not you used a so called broker to meet your fiancé/wife. In this aspect of the law, both the fiancé visas and spousal visas supposedly are affected by IMBRA. When you answer how you met your wife (with either type of visa), the IMBRA rule is supposed to come into play. However, my understanding is they do not pay attention to this, unless you specifically stated you used a real marriage broker, which may be almost non existent now in the current landscape (for our citizens, the Asians have some for their guys).
The IMBRA statute pretty much changed the landscape when it became law, the real marriage brokers went under (at least brokers catering to the U.S. guys), and now we have online services which supposedly bypass IMBRA by the way they charge customers. This is based on how they equally offer free or paid services to Americans or natives at the same level, so they can claim they are not a marriage broker. IMBRA was designed to regulate brokers who charged Americans (men, really) who paid money to find natives who were in poverty and had desperate lives. It was especially powered by one or two cases that made the news back then where guys had brought fiances over and a couple of them resulted in the deaths of the women. It was an interesting case study in how the news could change our laws based on a very small number of cases. It also probably just added confusion rather than clarity and improvement. I think this is why it is largely ignored by our government now.
This all came down just before the internet changed the scene and so then these specialized brokers could no longer compete with their old business plan. As this attempt to regulate so called brokers was no longer relevant (due to the new online scene), perhaps the entire concept of IMBRA faded away with our government. It is an interesting question for specialists, and if you think about it, there are countless laws and regulations that are ignored or no longer really relevant in our nations.
Anyway, from my studies of all this, the IMBRA thing is not widely understood or at least rigorously pursued or enforced at the consular interview level. I read up on it after my visit to that visa agency in Cebu, and found some detailed information, including notes from a U.S. government audit discussing how the consular officials often failed to even ask about the relevant IMBRA questions (especially how you met, was it technically a marriage broker?) during interviews with the beneficiaries. So I have the idea that guys can have past marriages or fiancé visas and go through the process and the IMBRA thing can be completely ignored by everyone, and if there is no glaring problem, the visa process works. To be complete, I should briefly add that my personal worry with the age difference and past history is that some government official will not like what I am doing, and so look for a reason to reject my case, and some minor detail like how I tackled the IMBRA question on meeting (which is usually ignored) will be a reason to delay or reject my case.
This kind of a discussion can get so detailed and sometimes there is no clear right and wrong, the question is how the statute is enforced and how applicants have to follow the unclear/uncertain/unenforced statues in order to succeed. Of course, this is why I want someone with more experience than I have on the topic.
For anyone who happens upon this post and wants to see that note about the U.S. government audit finding a lack of enforcement and understanding of IMBRA by their own consular officials, I can find it, but prefer not to muddy up this relatively simple thought I am posting about here, which is, who should I use for help. PM me if anyone wants to see the file I put together on IMBRA, it is several pages and is dull reading unless it is a big question for a person and his particular case. Folks who have a real issue with IMBRA should probably consult a specialist.