Has anyone met their spouse through fiance.com and then applied for a fiance visa? Since you didn't exchange information before communicating, what did the immigration officer say? IMBRA states that you must give personal information before communicating, and I'm worried that I could meet someone on fiance.com and then be unable to bring them into the United States because I wasn't in compliance with IMBRA regulations.
Hi dt
I have and I am doing the visa process now. you will not need to do mess with the IMBRA. you can read up on it at visa journey, a web site for those doing the visa.
the 'disclosure' aspect of it comes into play if you file for a K-1. And especially if a child is involved. the K-1 process has it covered. but since you are 'worried' about something (?) then you should do your homework. just google imbra and uscis. study your issue. then after you realize what you are trying to ask go to visa journey and ask the "experts".
I'm not sure what not exchanging information before communicating actually means. If you did not exchange information, how could it possibly get to what the immigration officer said? unless you mean not exchanging information means hiding something about yourself. USCIS does not fool around. imbra was designed - in theory - to protect immigrant spouses/children from abuse etc. you have much to learn. if you are hiding something it will come out in the end. and if it smells of deceit expect a very difficult time. you must travel to the country of your future spouse. therefor you must have a passport. if you have a passport they will easily discover anything in your criminal history if they so desire. for instance, if you have committed battery on a female or have a sexual criminal history, especially one involving a child, then the chances of your getting another potential victim across the border is close to nil.
on the other hand, if you are just a regular guy and asking this out of ignorance don't worry about it.
As Ralph has stated, the US visa process and documents ensure IMBRA information is taken care of.
You will have disclose about your previous marriages, all those other children you fathered and all those heinous crimes that you committed. She may be asked about these at her interview to ensure you two have talked about all that stuff.
If you are a regular guy with no past problems, then there is nothing to be worried about.
I've done a little reading on the subject, it is a tricky problem. By the language of the statute, a great many dating websites are International Marriage Brokers (IMBs), but don't comply with the IMBRA disclosure requirements, which could (in theory) spell trouble for a US citizen's application to for a K-1 fiance visa.
The statute defines an IMB to be any business that charges fees for dating, matchmaking etc. between US and non-US persons, and so would seem to include fiance.com and hundreds of other websites ... but the statute provides an out:
"INTERNATIONAL MARRIAGE BROKER.— ... Such term does not include— ... (ii) an entity that provides dating services if its principal business is not to provide international dating services between United States citizens or United States residents and foreign nationals and it charges comparable rates and offers comparable services to all individuals it serves regardless of the individual’s gender or country of citizenship."
So, if you meet someone from another country on a site that doesn't charge fees (various social networking sites), or a fee-charging dating website that doesn't specialize in international dating, then you're home free.
I hadn't thought of this before, but some of the FSU/western dating sites seem to be structured so as to take advantage of this "out". First, they are for foreign men & FSU women, NOT specifically American men. Even if American men make up the lion's share of their business, they certainly include men from many countries. Second, they have limited free memberships for everybody -- regardless of gender or country. So even if the vast majority of paying members are foreign (in particular US) men, and the vast majority of free members are FSU women, their rate/service combinations are not specifically discriminatory (free members can't send messages or exchange contact info with other free members, so one side must be a paying member).
If you met through such a site, you can with some justification answer "no," when the State Department asks whether you met through a marriage broker. It's a trickier situation, if you met through (for example) a Ukrainian matchmaking business that is not IMBRA-compliant.
Elenasmodels -- a site often mentioned on this forum -- is supposedly complies with IMBRA, so if you meet your girl there, you should be covered.
BTW, when I looked for IMBRA information on visajourney.com, I found numerous posts with the familiar contempt and disgust toward international dating sites and the American men who use them. Apparently, we are the lowest of the low ;)
I've done a lot of reading and never has any site that a person used been a hinderance to obtaining a K-1 approval. We did list EM as a IMB since we did pay a fee for personal info (my interpretation of the law). My wife was asked about her involvement in the site but since we had disclosed everything to each other, it was a no-brainer. Again, IMBRA only really kicks in, meaning being a potential hinderance to the K-1, if the USC has past domestic abuse crimes.....those create the biggest hurdle. All other stuff is not a big deal. I wouldn't be worried unless you fall into the small category mentioned.
Hey guys???? I'm glad I started to read this!!! I looked into the IMBRA for only a short time, and didn't gain much knowledge from it.
However,,,,,, I have had it happen several times,,, when asking a girl for her information,, phone number, email, etc,,, they will claim; that because of "IMBRA" they are not allowed to give me their personal info????!!!! Their agency told them this!!!!!
It hasn't been a problem yet, because if I can't get their info before leaving on a trip,,,, I'm not going!!!!
How full of "it" are they????
IMBRA requires that when an application is made for a K-1 visa, if the introduction was made through an international marriage broker (see my post above), the broker must have provided the foreigner with the US citizen's disclosure information, AND run a criminal background check on the US citizen, BEFORE there is any communication between the two.
So if you're already in communication with someone, and the woman or agency is telling you "can't give contact info because of IMBRA," ... and my understanding of the law is correct ... then they are shoveling you a wheelbarrow full of "it". Like so much of agency antics, it is about milking the dollar cows (us).
Thanks durak!! I always knew most of the sites and agencies were full of it!! I will go back through my correspondence, and search for the ones who told me; they couldn't send personal information!! It is not a girl I am writing to now.
I am confused by the timing of this.. Before communication starts??? Before the first "Intro" letter? Or, before the first phone call, email, in person?? How can someone send background info,,, to someone you haven't met yet?? Isn't it the responsibility of the local agency??
Yeah!! The term is "Cash Cow"
I was thinking this shouldn't apply to me,, I've never done anything wrong!! Never spent a minute in jail, never had the police called on me! But,,, then I started thinking about my first divorce,,, I didn't have my own lawyer,, and her's asked her; Was there any phyical abuse??? Yes! She said!! He hurt my arm once!,,,,,, Who, what, when, why??? I don't remember a single thing!! This was back in 1984!! It shouldn't matter,,, but is it still on my record?? I was remarried in 1999 and it was to a Russian woman! I had no problems?
Oh, also, why are we the lowest of the low,,, from your long post?? I will try to find that info online.
The more important part of IMBRA concerns that actual documents one must fill out when sending in a K-1 petition. On the I-129F form they will ask about previous criminal records, and specific criimes in particular. You have to send in a certified copy of all divorce decrees, etc. All of the information is part of which is checked by USCIS during their background checks. This information is all sent to the Embassy and during the interview the beneficiary WILL BE asked about all that applies......the crimes, the divorces, etc. If the beneficiary acts surprised or whatever, the petition will be denied because there wasn't full disclosure on the petitioner's part.
Any agency that says they can not give out personal information or allow a woman to take the correspondence offline are full of BS and are only looking to keep their cash coming in from you.
IMBRA was enacted because there were cases where ladies would immigrate to the US and then find out, maybe to their harm, that the man had a previous record of abuse or that he had previously been married, etc. It's only there to protect the immigrant.
durak, this information is required whether you met on the subway in Kiev or from that one skype address you got from the 200 email requests you sent. surely the mob business was a big part of it being enacted, but I think it applies regardless. when it comes down to it the embassy interviewer can be nice or nasty, but it still has to be approved way before an interview is granted. it is really a no-brainer. and to try to circumvent the process could more trouble than it's worth.
The information disclosure (required in any case) is one thing.
But according to the law, if the meeting was through an IMB, the disclosure MUST have been made BEFORE there was any communication between the couple.
In principle, then, if a couple first made contact using a website considered by the US Dept. of State to be an IMB, and that website didn't meet comply with the IMBRA disclosure and background check ... the State Department could use that, as a basis for denying the visa application.
Fortunately, it seems that the State Department isn't enforcing this ... but the law is on the books. Once in a while, practicality triumphs over the righteous crusading that leads to this type of legislation.
Ralph would have been OK even if the law were strictly enforced, because elenasmodels (by which he found his bride) claims to be fully IMBRA compliant. When you register, you must fill out a disclosure statement (the only website I've seen that does this), and they say that she must see the disclosure before any emails or contact information is exchanged.
Not that I know much about the IMBRA laws...but it seems the "business' " know if they are IMBRA compliant/or consider themselves to be. I know fiance is not marriage agency and consider themselves as an 'introduction site'. I only have filled out a form for IMBRA 3 times...once on natashaclub, once on EM and once in person for kievconnections( before meeting 2 girls, one of which was visibly upset when told she had to sign a form stating she read my imbra info).
The language is a bit vague, which makes me wonder about which site the State Dept would 'consider' to be an IMB. Maybe it has to do with how each site has registered it's pupose is.
For anyone curious about what the law requires (I capitalized a few words for emphasis):
"An international marriage broker SHALL NOT PROVIDE any United States client or representative WITH THE PERSONAL CONTACT INFORMATION of any foreign national client UNLESS AND UNTIL the international marriage broker has—
(i) performed a search of the National Sex Offender Public Registry, or of the relevant State sex offender public registry for any State not yet participating in the National Sex Offender Public Registry in which the United States client has resided during the previous 20 years, for information regarding the United States client;
(ii) collected background information about the United States client required under paragraph (2);
(iii) provided to the foreign national client—
(I) in the foreign national client’s primary language, a copy of any records retrieved from the search required under paragraph (2)(A)(i) or documentation confirming that such search retrieved no records;
(II) in the foreign national client’s primary language, a copy of the background information collected by the international marriage broker under paragraph (2)(B); and
(III) in the foreign national client’s primary language (or in English or other appropriate language if there is no translation available into the client’s primary language), the pamphlet developed under subsection (a)(1); and
(iv) received from the foreign national client a signed, written consent, in the foreign national client’s primary language, to release the foreign national client’s personal contact information to the specific United States client."
This is an excerpt from VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICE REAUTHORIZATION ACT OF 2005.
So when kievconnections required the lady whom beemer was meeting to sign the form, they were doing what the law requires.
For the legal definition of IMB, see my first post, 3rd paragraph.
But the bottom-line story (as far as I have been able to learn), is that even when couples meet through sites or agencies that didn't follow these requirements, the State Department is not denying visa applications on that basis.
Maybe it's a matter of discretion -- if a man DID have a sex offender record, and the letter of the law wasn't followed, they would use that as a basis to deny the visa.
one thing this points out - maybe, maybe not - is that if a site requires you to fill out the imbra info, they are more likely to be real. and the fact that KC enforces this to their ladies gives them a few points. I don't think many there are serious but at least they play the game. I recall now that my wife asked a few questions indicating she had info about me from EM. all things being equal, if you and a lady are serious and you are up front about everything, you will have no problems.
You must give them the form when you meet them. The agenCy should do that but no problems, they have no way to ever check. How do they know if you showed them a Paper or not? I met my wife here. Don't worry about it. What's she going to do in the interview? Say she never saw it?