Most Current IMBRA GAO report

[SmallTownPA 71]

The most current GAO report regarding IMBRA is https://www.gao.gov/assets/670/667348.pdf  which covers an audit period of Jan 2014 through Dec. 2014.

 

This is not advice or conjecture.. its all straight out of the GAO report.

 

Basically the USCIS utilizes the I-129F and relies on self reporting (ie Petitioner telling the truth), and a criminal background check.

 

"The I-129F petition instructs petitioners to disclose on the form, and provide documentation of, prior I-129F submissions (or filings), and convictions for any of the IMBRA-specified crimes."

 

If you trigger the 'multiple filer' or have a conviction for one of the specific IMBRA crimes you need a waiver.

 

"Conducting background checks on petitioners. Pursuant to IMBRA, USCIS conducts criminal background checks on each petitioner using the information provided on the I-129F petition. Specifically, according to USCIS’s standard operating procedures, USCIS officers are to conduct background checks using petitioners’ names and dates of birth against the TECS database within 15 days of receiving I-129F petitions."  

 

AND

 

"Disclosures on I-129F petition and IMBRA waiver requirements. In accordance with IMBRA, petitioners are to disclose whether they have previously filed I-129F petitions, as shown in figure 4, and request a waiver should certain filing limits be exceeded."

 

All of this information is then given to your beneficiary via mail or at the interview.

 

USCIS does not google the web site, or assume that any/all online dating triggers IMBRA.  

 

"However, USCIS officials at each of the four service centers we interviewed stated that, in their experience, few petitioners indicate the use of IMBs to facilitate relationships with their foreign fiancé(e)s, and accordingly, the agency has not referred cases to DOJ for further investigation and prosecution. In addition, DHS has a process for referring and investigating potential violations within the department; however, USCIS has not identified any potential violation for referral and investigation"

 

As of the GAO report in Dec 2014 no one has ever been prosecuted for IMBRA violations (as of the GAO report)

 

"However, DHS and State have not identified any potential IMBRA violations for referral to DOJ. As it has not received any referrals of IMBRA violations, DOJ has not brought civil or criminal cases against an IMB or petitioner under IMBRA."

 

A footnote in the GAO report:

 

"According to USCIS officials, isolated cases of potential IMBRA violations by IMBs would likely not be referred to ICE for further investigation because ICE focuses its resources on investigating large-scale benefit fraud, such as marriage or visa fraud. Thus, ICE officials told us that individual cases of failing to comply with IMBRA requirements would be a lower priority for investigation."

 

 

 

So the report sheds light on several topics that confuse K1 filers

 

No one has ever been referred for IMBRA violations.  The petition will be denied, but it pretty much stops there.

The data collection for accurate reporting from USCIS systems is nowhere near complete or accurate (read the report.. the reporting portion is boring)

Consular offices have spotty implementation and reporting in place for IMBRA.

 

Almost NO ONE is using a IMB, as defined in the IMBRA statute.  There is a huge exemption that 99.999999% of the dating web sites fit into:

 

(B)Exceptions 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 nationalsand it charges comparable rates and offers comparable services to all individuals it serves regardless of the individual’s gender or country of citizenship.

 

NEVER LIE TO USCIS.  

 

 

 

 

 

 

Edited May 24, 2019 by SmallTownPA