K1 Visa and ChineseLoveLinks IMB status

[CowBoE 429]

I am a US citizen and I have meet a wonderful lady in China, and we are nearly complete in filing for K1 visa, but want to double and triple check one item regarding IMB (International Marriage Broker) status for the web site (ChineseLoveLinks.com).

I called the CLL support line and a lady told me that they are exempt from IMB and was going to send me an email about that, but I never received anything in 2 days.

What is confusing is while their support lady told me they are exempt from IMB, they have a section on IMBRA that you can fill out optionally,

and encouraging US members to do so in preparation of K1 visa filing.

Also, she had contacted me first on CLL site, and we've exchanged personal contact information many weeks ago before we knew anything about this IMBRA thing. And CLL site doesn't have a mechanism to get signed waiver from the non-US person before releasing their contact information to me. In fact, CLL does not release any personal contact information. It can only be done directly by individuals initially via anonymous email within the system.

Has any US person here met someone from ChineseLoveLinks.com or any of the other dozen or so sister cupid sites, and successfully obtained the K1 visa for the overseas fiancee? If so, did you declare CLL site ad IMB or not? I would love to hear from you.

Thanks in advance

[Carie_Azan 35]

I am a US citizen and I have meet a wonderful lady in China, and we are nearly complete in filing for K1 visa, but want to double and triple check one item regarding IMB (International Marriage Broker) status for the web site (ChineseLoveLinks.com).

I called the CLL support line and a lady told me that they are exempt from IMB and was going to send me an email about that, but I never received anything in 2 days.

What is confusing is while their support lady told me they are exempt from IMB, they have a section on IMBRA that you can fill out optionally,

and encouraging US members to do so in preparation of K1 visa filing.

Also, she had contacted me first on CLL site, and we've exchanged personal contact information many weeks ago before we knew anything about this IMBRA thing. And CLL site doesn't have a mechanism to get signed waiver from the non-US person before releasing their contact information to me. In fact, CLL does not release any personal contact information. It can only be done directly by individuals initially via anonymous email within the system.

Has any US person here met someone from ChineseLoveLinks.com or any of the other dozen or so sister cupid sites, and successfully obtained the K1 visa for the overseas fiancee? If so, did you declare CLL site ad IMB or not? I would love to hear from you.

Thanks in advance

I think you are clear - IMBRA have to clearly state they are such...

[CowBoE 429]

IMBRA is strictly US law. For many simple online dating sites where essentially everything is computerized, basically users sign up, search for matches, contact one another anonymously, and exchange private contact information without ever stopping non-US members to sign a waiver to release their contact information before that can be done. Members freely exchange their information.

So while US government wishes to protect non-US (particularly females) from blindly building relationship with some US person with past criminal records, but most online websites don't care about IMB condition and their system is not designed to comply to IMB's prescribed method of first obtaining the waiver from non-US person to release their contact information to a US person.

On paper it sounds like a great idea, but in reality, US has no jurisdiction to control how non-US based online dating sites can operate, but that leaves a nasty confusion for K1 visa filers like me who wants to be totally transparent and honest in the filing, but its not 100% clear whether the online site should or shouldn't be categorized as IMB.

What a mess. If CLL site can't provide clear answer, I don't want to just sit on this filing, so I may just submit with "No answer to IMB", but provide full background description in the filing.

What's frustrating is I have NO criminal background and I am completely willing to disclose all information truthfully, so IMB should only come into picture for someone with past criminal records. In fact, US government should just require the US petitioner to release notarized formal criminal background check information to the overseas fiancee, and have the fiancee sign and return a form indicating that they are aware of of the full criminal (or lack of) background.

Any thoughts on this folks?

[enlijoe 20]

I'm in a similar situation as you. I used the site called www.asiandatting.com. From what I read about the IMBA it is only required in a cause where it is not a normal dating sight. With the site I used all members regardless of sex of location are charged or not charged for the services the same way. IBMA applies in cases where the woman is able to access the sight for free and the male is charged. When this is done it is not longer a dating site but a marriage broker site.

It takes a lot of reading of the fine print but if everyone is offered the same services by the sight then you do not need the IMBA.

DISCLAIMER I'm not an attorney so take this information within that context and do you own research as to if the IMBA applies to you. This is not legal advice and only an account of my situation and only my opinion.

[CowBoE 429]

I think I found the answer folks. I guess I should have read this more carefully the first time.

The I-129F filing instruction states the following:

"The term "international marriage broker" does not include:

a. Traditional matchmaking organizations of a cultural or religious nature that operate on a non-profit basis and in compliance with the laws of the countries in which they operate, including the laws of the United States; or

b. Entities that provide dating services if their principal business is not to provide international dating services between United States citizens or United States residents and foreign nationals, and that charges comparable rates and offers comparable services to all individuals served regardless of their gender or country of citizenship."

In simple English, looks like if an online dating site is equally available to residents of any country, and if they charge comparable fee and provide similar services to everyone, then they it is NOT an IMB site.

I am no lawyer, but this is now pretty clear upon reading it carefully.

Therefore in my opinion, the ChinesLoveLinks.com is NOT an IMB.

Hope this helps everyone.

[Pitaya 2,577]

~Moved from K-1 Process to General Immigration-Related Forum~

~Inquiry about dating sites and IMBA aspects, applicable to several visa types~

Edited December 12, 2013 by A&B