The IMBRA law

[Pete 0]

I found this web page to be enormously informing.

Some quotes:

"If however the couple met through an IMB BEFORE March 06, 2006, and thus BEFORE the law's compliance requirements went into effect for the IMB, then it would be expected that, by logic and fairness, the Consular Officer would apply the standard administrative protocol, "grandfathering", and not inquire further about the IMB and its conduct. "

"This law does NOT APPLY ONLY TO IMBs. There are provisions in this law which apply to ALL petitioners and couples, regardless of how they met. They apply to ANY K Visa petititoner, even those who did NOT meet their fiancee or spouse through an IMB, but for instance just through friends or family. "

Full full effect, please read clear through to the bottom of the page.

Also see this news article from Mar 13th.

My bottom line take on this is that if you met your fiancee' before mar 6 you have no worries. After, and who the hell knows.

Good Luck to All of us!

Pete

[john_and_marlene 162]

I'm wondering what the advice should be regarding the next "Which is better K1/K3" thread.

I'm rather doubting that K1 will be any quicker now.

[BlueSurf 0]

Unfortunately, it isn't what the law says or how we read the requirements or even what the consulates believe should be the process (in many cases, it appears)... it comes down to some person - ONE person - who picks up your file and makes a decision on how to process that paperwork.

It is in many cases a roll of the dice to have it processed by an understanding and articulate and wise and confident person.

[GaryC 7]

I still stick by my advice. Calm down. Give them time to sort out the procedures. It may take a week but they will finally get their ducks in a row.

[sukie175 0]

Gary I really hope you are right...but I suspect you are wrong.

The USCIS never does anything fast and a whole new check to equate in their process is just not good. I feel very sorry for everyone caught by this

Edited May 12, 2006 by sukie175

[GaryC 7]

I'm in the middle of it also. My NOA1 is March 14. But they have known this was coming and I can't believe that they will just melt down now because of it. It may take them a week or so to get the wheels moving again but this is only a minor glitch.

[*Robert* 2]

You know, it seems that all the people who had their speed process through the VSC are going to pay the price more than anyone else.

It would also seem that the window is going from Mar 6 through at least Apr on the NOA1s. Since most of those petitions are still at NCS and CSC, they can just hold on to them and do their added checks. The petitions from the VSC are already out at the consulated, and have to be returned.

Not good at all.

[Sinergy 3]

I just spoke with my congressman about this, it kinda worried me.

He stated that yes this was something everyone knew as of last year, even ppl not associated with the government, i do remember us having this same conversation back in January the ones of us who were on VJ back then.

Anywho, yes, any petitions received (NOT APPROVALS,only NOA1's)by a service center ON OR AFTER MARCH 6 will be sent back to the USCIS if there was already an approval and at the embassy. Those who are not approved yet will take longer in the security check process, and may even receive RFE's.

He also stated that some of the petitions are being canceled if the interview date is a few days away, those who have recent interviews, most are being denied, the petition sent back to USCIS, reprocessed with the extra checks, and sent directly back to the embassy for approval and visa issueing.

The cause of all of this??? an overload of K1 petitions and alot of fraud. just remember guys, one bad apple can ruin the whole bunch. Just because your engagment is legit, someone elses was not and ruined it for the all of you. My advice, relax, and wait. Getting upset about it will not resolve the issue any faster. I had to wait 6 months just for my approval, and i had to learn the advice i just gave to you.

I hope this helps a lil . And i am sorry for everyone who applied after March 6th, my heart and prayers go out to you in every way.

hugs,

Tara

Edited May 12, 2006 by Ionescu

[dantheman 0]

Tara,

Thanks for the info. All this makes more sense now. NOA2's after March 6 are probably only from Vermon USCIS so those are the ones being affected. The other service centers will like RFE the petitioners to comply with the new law. Seems like some overseas consulates were also confused but I am sure they will figure all this out.

[Pete 0]

Here in California, I just called my Congressman's office (Congressman Pombo), they have an immigration specialist on staff. Unfortuantely he was not familiar with IMBRA. I explained the situation, and suggested this would be a great opportunity to get ahead of what might be EVEN MORE delays in approvals.

If you want to make a difference, don't just post to or read this forum, Google the contact information of your Congressman or Senators office, call them and make your voice heard! If you don't, then you deserve any delays you will suffer from.

Ask your representative how these delays are family friendly? When does legislation go too far? That legislation that removes our right to the pursuit of happiness as guaranteed in the US Constitution is unacceptable! Heck forget asking! Tell them you are fed up with a broken system! Tell them you demand change now.

One voice doesn't matter. The combined voices of all applicants might well get some attention.

Do it today!

Edited May 12, 2006 by Pete

[puri 0]

Here in California, I just called my Congressman's office (Congressman Pombo), they have an immigration specialist on staff. Unfortuantely he was not familiar with IMBRA. I explained the situation, and suggested this would be a great opportunity to get ahead of what might be EVEN MORE delays in approvals.

If you want to make a difference, don't just post to or read this forum, Google the contact information of your Congressman or Senators office, call them and make your voice heard! If you don't, then you deserve any delays you will suffer from.

Ask your representative how these delays are family friendly? When does legislation go too far? That legislation that removes our right to the pursuit of happiness as guaranteed in the US Constitution is unacceptable! Heck forget asking! Tell them you are fed up with a broken system! Tell them you demand change now.

One voice doesn't matter. The combined voices of all applicants might well get some attention.

Do it today!

I dont know how active a person can be. USCIS canceled the interviews but if you call them they wont have a clue what we are talking about nor will they know anything about IMBRA. Calling NVC doesnt help either cuz the petition only stops there briefly. The embassy doesnt have any more info except that it has been canceled by USCIS's request due to IMBRA and if we have more questions, to contact USCIS itself. Talked to congressman's office and I need to fill out an authorization form and send them a copy of my approval letter for them to inquire about it with USCIS. With no one really knowing what is happening to your petition, it hardly leaves any room for 'activeness.' I really hope our congressmen can do something about this.

Edited May 12, 2006 by palak126

[calidreamer80 0]

Yes thanks for explaining this a little clearer. All that legal mumbo jumbo can give one a nice headache lol

[Fandango 1,439]

Sorry, I think someone using a mail-order bride site should be subject to more scrutiny then say, a couple who went to college together.

jmho...sorry!

[Jenn! 918]

Sorry, I think someone using a mail-order bride site should be subject to more scrutiny then say, a couple who went to college together.

jmho...sorry!

At least so far they don't seem to be making any distinction between the two!

[BlueSurf 0]

Okay, how do you define "marriage broker"?!! What is wrong with a service that facilitates communication and connects diverse cultures? Is that the kind of service that undermines good relationships?

IMO, the entire law simply echoes the shortsided, elitist and prejudiced views of a small privileged America - and unfortunately it is that sector of society that the rest of the world judges us upon.

I personally think that this law was ill-conceived, and has no hope of fair application since it does not have clearly defined parameters. Our elected officials may claim that this has been in discussion "since last year" and expect us to live with it "by now", but I am becoming impatient with the soft-shoe and the politics that have no accountability for poorly thought through "laws" that affect real people and their daily lives....