I am sure that you are all aware of the IMBRA law that our government has royaly screwed up on. So here is the our situation. Our Receipt date was after the March 6th deadline, and I have been waiting to find out if this would affect us. Well is sure in the hell did. They mailed Huong her Packet 3 on May 10. I called them on May 15th just to ask some questions about the papers she needed to return, and the woman said nothing about our case being returned to the US, and said that they would assign her an interview date after receiving the papers. Then I emailed them a couple days later to ask if we were going to be affected. She received Packet 3 on May 19. On Monday night in VN she stayed up until 2:00 a.m. finishing DS-230 Part I and the Applicant Readiness form. She has to get up at 6:30 a.m. for work, so she only got 4 1/2 hours of sleep, and then go to her job, which is a 12 hour day. Her brother mailed in for her Tuesday morning fast mail, which means she paid some money to get this there ASAP. Well on 6/6/06, this morning, only 6 hours after she sent the required documents back to the consulate, I received an email stating that our case was returned to the US on May 12 in regards to the IMBRA law. Also stated that she should not return the DS-230 and Readiness paper. As soon as I saw the email I called her immediately to ask if she sent it yet, and she was so happy and said yes, they will get it tomorrow. I felt so bad and could not break her heart at that moment, to inform her about our case being shipped back to the US. Now what will happen? Will they just keep the papers she sent and hold them unitl our petition is returned or will they send her a new packet 3? I called Vermont today and I was told that they have received our case, and it is pending further security checks. I asked was this in regards to IMBRA, and she said yes, and that she could not give me any timeframe, and to call back in 30 days if I have not heard anything. This is just tearing me apart inside. I want to go see her right now, but I need to hold tight so I take action as soon as I am requested by USCIS. The worst part is not knowing when they will begin this new process. I just hope this does not take us 6 more months, because I can't handle that.

VIETNAM, you will need to put one of those HELP flags next to our case.

Thanks for listening, it has just been a horrible day

all that I can say is I am so sorry it is happening

I hope it will be over soon so you can be reunited for good

it sucks !!

I'm sorry.. i hope everything can get cleared up as soon as possible so we're not left in the dark any more:(

What is this IMBRA stuff? I was listening to the radio last week and of course the topic was illegal immigration (as it seems to always be lately). This fellow K1 visa seeker got on and was talking about how thousands of fiance visas were being held hostage indefinitely. Is this related. Damn Mike. This sucks. It's not like the process isn't slow enough already, huh.

IMBRA is a new law that was supposed to be in place on March 6, 2006. Well, of course USCIS dropped the ball and didn't have the a plan in place. They continued to approve the Petitions and sending them out to NVC and then to the Appropriate Consulate or Embassy. Well, after realizing that they can be in deep trouble in doing so, they recalled every petition with a NOA1 Receipt date of March 6th to the present. The very first case I read about on this board was such BS. A girl actually had her interview adn passed. She was given a pink slip and told to return for her Visa the next day or something. Well the next day she got a call saying that they were sending her case back to the US, and they could not give her the Visa at this time.

Here is what I get from this new law. it is called IMBRA (International Marriage Broakers Act). They are going to do a more detailed backround security check on the US citizens, because there has been to many cases of physical abuse and such, so they say. At the interview they will release this information to the beneficiary, so they know who they are going to marry. This also affects those who have used a marriage broker as well as those who have filed multiple petitions. The big problem is that they recalled 1,100 petitions, and are not processing any new petitions, because they still don't know or have the new form made for this. They have a draft posted on their website, and it is under emergency review. Everyone has been calling for information and they are given many different stories, and they are told there is no timeline on this. So anyone with a receipt date of March 6 and newer, are not being approved at all right now. None of us know how long this is going to take and what they are going to require from us.

It is sadden to read such post. This is the first time I have heard of this new law. Loan and I will keep all of you guys in our prayers. Please be strong and supportive of each other. There was time all Loan and I had was each other. I am really hoping our “beloved” government will have solution soon.

Hi Mike,

Sorry to hear the reality of your case and its distraction because of IMBRA. Try to stay positive bud!

I know it is easier said than done. Like I've told Matt_Stevens before, be the rock for your fiancee. I hope for a speedy turnaround for your case and its return to HCMC.

STL_HCMC

Mike,
So sorry to hear of your IMBRA hassles. I hope they are able to clear your case soon. At least you know where your case is and why. Our case went for over a year in AR and the only answers I ever got were"your case is pending review by a CO", etc. I understand the sort of helpless uncertainty and feelings of sytemized victimization that you are going through. Be strong and continue to grow your relationship with your fiancee. Don't let the fear get in the way of your relationship.

I'm so sorry I truly hope that you get things sorted soon. i'm so sorry hang in there. I'll be thinking of you two.

Hi Mike,

I am in the same boat as you, just 2 months behind you. Here are some documents I found that might be useful to those who are affected by this IMBRA law.

Interoffice Memorandum To: Office of Domestic Operations Office of Refugee, Asylum, and International Operations Office of National Security and Records Verification

http://www.uscis.gov/graphics/lawsregs/han...crhst050306.pdf


SUPPORTING STATEMENT Petition for Alien Fiance(e) (Form I-129F)

http://www.uscis.gov/graphics/formsfee/for.../i-129fsupp.pdf


PAPERWORK REDUCTION ACT SUBMISSION

http://www.uscis.gov/graphics/formsfee/for...i-129f_83-i.pdf


New I-129F Draft

http://www.uscis.gov/graphics/formsfee/for...-129f-draft.pdf

Tony

I know how you feel. I was not part of the IMBRA stuff. but have been on AP< admin. Processing >
over 9months since our interviews. addtional security checks they say. The wait is endless.
The pain of being apart is endless too. Every day I want resolve. so I for sure understand how you feel.

Mike

Am really sorry to read this post. I had sorta thought that you had somehow managed to sneak through unnoticed, I guess not Anyone who had petitions recalled.......it sucks badly and I really feel for you and your fiance and all those affected. Hopefully your wait is not too long.

All the best

Lorelle

Thanks so much for the information. I also want to thank everyone for their support, your support helps greatly. I wish the best of luck to all of you, and I can't wait to share the good news when it comes.

THANKS

I cannot stand the ACLU. But right about now I think they might be the only answer here. All of you affected by IMBRA need to band together and simultaniously contact your local ACLU office. SHould they get involved with a lot of cases you will see action.

It's worth a try. Frankly, I also think those of you on AR should also do the same because the US government is abusing their power and your rights.

My heart goes out to you all. I beat the March 6 date by just 7 or 8 days.

Mike, I'm so sorry that you're going through this...

Mike- Sorry to hear about the setback, I know you were prepared for it, but we were wishing the best for you two in somehow bypassing it. Heed STL_HCMC's advice, he's on the money...be as supportive to your fiance as you can (I know IMBRA is a hard thing to try and explain...especially why it's causing a delay), and hope for the quickest re-processing times possible!

Also, have you heard anymore since Huong returned the items from packet 3 to the embassy? Will they hold them for you to expedite processing when your file is returned?

sry to hear that mike, but i think they will move things along faster as they are facing a pressure from the public relations for being inefficient as they were

FYI: I have checked this with my lawyer. This new IMBRA law is only applied if you meet your fiancee through a dating service on the Internet or an International Marriage Broker.

I am sorry to say, your lawyer is wrong. ALL petitions with a receipt date after March 5 are recalled. After the recall, the petition will have to provide USCIS with new information to comply with this law. The ones who will have problems will be those with criminal backrounds, sexual preditors, and those who have used marriage brokers. We need an exact definition of a marriage broker, does this include dating sites?

I hope you are not using the same lawyer I used, because that is what he told me at first. I know more than he does, because I have this forum as a resource.

Mike,

I know you called and also got an email that your case is recalled. Is there an online status website from USCIS or NVC for us to check our case?

Thanks,

Nhatrang

Just another reason why I advise against using a lawyer. I've read too many situations like this. VisaJourney is an excellent resource of people from around the world, and also those in the backyard of the same consulate/embassy.

STL_HCMC

Yes you can email NVC, or call your service center. I called Vermont and emailed the NVC to confirm it with both. I am sorry I can't give you the email and phone number right now, I am at work, but they are easy to find. You should check out the K-1 Genereal Forum. There is a huge thread about this.

Mike,

I'm truely sorry about your situation. Just a few months ago, I thought I'd see you in Saigon to be there for your fiancee's interview. And now I still hope the new law would speed up it process so you and your love can be together soon. If your record clean, you need not to worry about. You'lll united with your love before you even blink.

Menyoo

Thanks for all the comments. I am clean, I don't have a record, I am not a sexual preditor, I never filed a petition before, and I did not use a Marriage broker, at leat I think. The term marriage broker is very general in their definition. We met on Yahoo, which is not a broker. Today was so hard for me. I called Huong before she went to sleep tonight, while I was at work, and this brough us closer together emotionally, but tore our hearts out. Like I said there were many reason why it was imortant for her to be here this summer. Now we have no idea when they will even begin collecting the necessary information. From what I have researched, I think it will be very soon, but the lady at Vermont said, we have no idea when your case will be sent back to the consulate.

I first want to thank all of you from the bottom of my heart for your kind words. I just wanted to let you know that USCIS has finally gotten things together and I should be receiving an RFE anyday now. I can't wait to get our petition where it belongs, HCMC

Here is the thread:
http://www.visajourney.com/forums/index.php?showtopic=17574

Hi Mike,

I read that thread this morning when I got into the office and immediately thought of you and your fiancee. Good to see that some things are happening regarding this IMBRA stuff.

Steadfast my VJ friend. Steadfast!

STL_HCMC

I am so anrgy right now, I got a response from the consulate. I emailed them to ask themif they would keep the DS-230 she filed on hand until the case is back at the consulate and here is their response:

Dear Mr. XXXXXX,

Please be informed that the Packet 3 was sent to your fiancée mistakenly. We apology for any inconvenience caused to both of you. As stated in our most recent response, we already returned your case to the US Citizenship and Immigration Service office where you filed the petition on May 12 as their request. Therefore, you should direct your concerns about the process of this case to them. Your case is now closed in our office. We regret that cannot remain your fiancée's form DS-230 PI as per your request.

Sincerely,

Info Unit Staff
Consular Section
U.S. Consulate General HCMC


I am going to reserve my comments, because it is going to get ugly if I don't.

Mike,

Hang in there bud! I know easier said than done.

STL_HCMC

Mike-

I'm really sorry to hear this, as I expected that they'd just put your case on hold instead of starting over in HCMC. I can understand how frustrated you must feel right now, and all of us empathize with you during this setback. Also, keep in mind that HCMC said your file was 'closed', which means it can be re-opened, which could shave time off once its returned from NVC.... just trying to find a silver lining for ya!

....This is such BS.... It is DISGUSTING how so many of our polititians want to ignore, disregard and trample on all the laws wich we have on the books regarding illegal immigration, and they want to offer AMNESTY to millions who entered this coutnry ILLEGALLY!!!!....and yet, here so many of us are playing by the rules, dotting every I, and crossing every T, hoping we didn't forget anything, paying every fee, jumping through every hoop they put in front of us so that our loved one can LEGALY enter our country, and what do they do? They drop the IMBRA bomb on the people trying to do thing the right way and they are about to reward 11 million others for getting here illegally. .....This is DISGUSTING!!!....

IF they go ahead and offer amnesty the VERY FIRST THING I am going to do is change my wifes name to Jeniffer Lopez and tell the INS she immigrated here from Mexico.

...In fact all you guys who are getting screwed by IMBRA, it would almost make sense to pay some Mexican citiszen to go to Vietnam, marry her, bring her to Mexico and them simply have her cross the border...She'll already be eligible for all kinds of stuff...it will probably cost less and take less time too......Man I am PI##ED off about this.....and I am lucky enough to have my wife here already, thank GOD.

Mike (or anyone else), I am pretty clueless about this IMBRA thing and afraid for my virtual life to get into the middle of the actual IMBRA thread, but I'm wondering if you can answer a couple questions for me to satisfy my curiosity:

So..You are flagged if you state somewhere that you met through an internet site like AsianFriendfinder.com or something like that, right?

Does it mean that they will only do a background check of someone who states they met their fiance through one of these sites?

If they do a background check of someone who met their fiance through one of these sites and they find that they have a history of battering women, is their petition automatically denied or do they just tell the fiance at the time of the interview and let her decide on her own if she still wants to carry on the relationship?

We met through Asiafriendfinder. How the hell can that be called a marriage broker? Gimme a break. This law is stupid.

I will try to explain this as best as I can. First they have recalled every petition with a receipt date after March 5, 2006, and have not processed any NOA2's for any petitions filed after they discovered their error. THerefore any petition with a receipt date or filed after March 5, 2006 are not approved at this point. They are sending out RFE's to every single petition that this affects whether you used a marriage broker or not. The RFE they are sending out will ask the petition a few questions about their criminal backround, if you have filed previous K-1 petitions, and if you used a marriage broker. If you have any criminal backround you need to submit paper work with the RFE. The term marriage broker isn't defined very clear in the information we have at this point. I believe they will ask us what site you met thru, and then they will determine if it classifies as a broker. From what I have heard, those that have used sites specific to certain ethnic woman may also classify as a broker. None of us really know at this point. What is really killing all of us affected is the fact they are not giving out much information. People with a receipt date of June and May are receiving emails stating their RFE's are on their way, while those of us with recalled petitions have not heard one word yet. Pretty much we are back to square one. I am praying the Consulate doesn't view are petition as suspicious due to the fact it was recalled for unrelated case specific issues. They have really screwed this up big time. There are 10,000 petitions affected at this point. I sent an expedite request today.

Mike,

Hang in there Mike!

I saw that this issue got some press through an AP reported story (I read in the NY Times). Looks like they interviewed a VisaJourney member (from what I gathered reading through the threads on the K-1 General Discussion Forum) and it stirred up quite a bit of talk on the boards.

Perhaps the US Consulates/Embassies are in a bit of confusion themselves regarding the new law, its procedures and ways of implementation.

The ONLY thing you can do is remain honest and confident and answer/submit all of the additional required information to the best of your knowledge and ability.

Keep up your diligent preparation and look on the bright side of the issue as it gives you a little more time to double check your evidence again (not that you want or need it) and make sure it is tight and solid.

EVERYTHING HAPPENS FOR A REASON!

STL_HCMC

Thanks so much, it really does help. Since I have booked my flight I feel so much better, because it will cut out some of the time, and after I see Huong, it won't belong before her interview I hope. This IMBRA thing is really making Interviews come more rapidly, so hopefully when they get our petition back they can move on it quickly, yeah right!!!

For all the wacko reasons and excuses the HCMC Consulate gives for delaying a visa, I can't see this as being one of them. They know that these cases within a certain date range were sent back for the IMBRA fiasco. I don't see how that would reflect poorly on your relationship. I only hope that this is all resolved soon.