The IMBRA (International Marriage Broker Regulation Act) appeared in 2005. The aim of it is a reducing of abuse in international marriages.
What does IMBRA law provide?
1. It commands the checks of a petitioner background.
It never matters whether a petitioner wishes to provide his background, or not, he must do it. The check for all criminal records is always done.
2. It gives disclosure of a marriage broker.
The law requires that a petitioner should provide USCIS all the information about Marriage broker, if he met his fiancée through any of these organizations. In case when a marriage agency does not meet the IMBRA requirements, the applicants can be denied in applying for K1.
3. It stops series of petitions.
This law states: an American can become a petitioner for a fiancée visa only twice in his life. However, this law does not concern spouse visa that can be got many times.
4. It disqualifies abusive petitioners.
In case when the information about some violence or sexual crimes of petitioner is found, he will be immediately refused in applying for K1 visa. It is almost impossible to be excluded from these “criminal” lists.
Marriage brokers and agencies
IMBRA marriage broker is a non-profit non-commercial agency that has the aim to let Americans being acquainted with people from overseas in order to marry them further. If in late 1990 there were about 200 working marriage brokers, in 2010 the official number of them grew up to 400 and over.
IMBRA requires that each marriage agency or a broker should obligatory conduct the background check of each petitioner including getting the FBI information about a petitioner. This law protects each future immigrant from violence and provides him/her safe immigration and further risk-free living in the USA. In case when a dating agency of a site does not meet the IMBRA requirements, USCIS can ask for additional evidence (RFE).
Meeting a fiancée online
In case when a petitioner met fiancée online at a dating site, he should provide all information about that recourse. He must also present a copy of officially made written and signed consent telling that international marriage broker got from the beneficiary agreement to release her/his personal information to a petitioner. Petitioner should also name the state and the city where the marriage is planned. All these things will help a voiding RFE.
The information should be written the way as the petitioner sees it. All the dates (when you met online, when you met personally, when your first phone talk happened, etc.) should be included into this paper. It is recommended avoiding giving too much information about sending the fiancée money; otherwise, it will look like the alien wants to marry an American to improve her/his material condition.
In case when a beneficiary and a petitioner have not met physically (in person), the petition can be declined. It is possible requesting a waiver of your personal meeting in some rare situations, but then the process might take up to two years and more. It is always better to buy tickets and meet an alien fiancée personally. The difficult financial situation of the petitioner cannot be an excuse.
Crimes and IMBRA law
IMBRA insists that all K visas petitioner filing Form I-129F should submit all information on any criminal convictions and crimes. IMBRA provides the following list of crimes.
— Sexual assault;
— Domestic violence;
— Dating violence;
— Child abuse and neglect;
— Elder abuse;
— Sexual abuse;
— Sexual exploitation;
— Slave trade;
— Holding hostage;
— Crimes referring to alcohol or drugs usage if the petitioner has been convinced for these cases for at least three times;
— False imprisonment;
— Involuntary servitude;
— Unlawful criminal restraint;
All these records must be obligatory provided even in those cases when attorneys or judges say these records were deleted.