TomSara
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Posts posted by TomSara
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Q #1: What is the definition of "International Marriage Broker (IMB)"? Are there exceptions? Does this law apply to my favorite international correspondence website on the Internet?
Answer: IMB is defined very broadly in this law, as are all relevant terms in this law. (Bo Cooper, former INS General Counsel from several years ago, actually drafted this law; he sits on the board of directors of the feminist Tahirih Justice Center and intended to provide broad abuse protection to immigrant fiancées and brides.)
The definition of IMB, under Section 833(e)(4)(A), is any corporation, individual, or legal entity, whether or not existing under the laws of the U.S., who charges fees for providing dating, matrimonial, matchmaking or social referrals or is "otherwise faciliating communication between individuals."
There are, under Section 833(e)(4)(B), TWO IMPORTANT EXCEPTIONS, : 1) "The Non-Profit": a traditional matchmaking organization of a cultural or religious nature which offers its services on a non-profit basis under law, tyically a state-registered corporation, and 2) "The Non-Primary Business with Comparable Rates": a domestic dating service or other primary service whose principal business is NOT international dating and which charges comparable rates for comparable services to all individuals, men and women, domestic and foreign.
Your favorite international correspondence website on the Internet would in fact be subject to this law, IF the exceptions enumerated above do not apply.
Some U.S. clients and IMBs are asking if the IMB would "qualify" for an exception if they don't charge fees for the lady's personal contact. The safe answer would appear to be: only if the other qualifications of Exception No. 1 apply. An IMB's claim to an exception based in the statement that "We don't charge fees for lady's contact or any dating service", but coupled with an admission that the company generates revenue and profits, however small, from such things as advertising fees for related services such as flowers, candy and cards, Google "ad-words", or charitable donations from members, carries a risk that the "non-profit" exception does not genuinely apply.
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Saw online that they are sending my RFE. And yes, I don't have NOA2 yet. May 4th is my NOA1 date.
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Here is a web site within USCIS where forms can be e-filed. 129f fiance is not there yet, if it is going to be there.
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Here is a web site within USCIS where forms can be e-filed. 129f fiance is not there yet, if it is going to be there.
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http://travel.state.gov/visa/laws/telegram...grams_2927.html
[Fiancé(e) I-129F Petitions Recalled by DHS
UNCLASSIFIED STATE 00077044
P 121528Z MAY 06
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE PRIORITY
SUBJECT: FIANCÉ(E) I-129F PETITONS RECALLED BY DHS
1. Summary: The International Marriage Broker Regulation
(IMBRA) was signed by the President January 5th of this
year. A 60-day deadline, March 5, 2006, was established
for DHS to begin asking K-1 fiancé(e) petitioners for
their criminal background information. DHS did not meet
the deadline for collecting additional information. Some
petitions filed after the deadline were approved in error
under the old procedures and sent through the National
Visa Center (NVC) to posts for processing. Approximately
1100 cases went to 95 IV-issuing posts. Posts are
preparing to return these cases as quickly as possible to
NVC. End Summary.
2. While most K-1 cases under the new IMBRA requirements
were held at the service centers pending development of a
new form I-129F, some cases were processed after March 5
using the old forms and procedures and sent to posts for
processing. The DHS Service Center Operations (SCOPS)
Unit of USCIS, Status/Family Branch requested that posts
return to NVC all K1 I-129F petitions with priority dates
(date received at the DHS office) on or after March 6,
2006.
3. NVC was able to run a data base list of all petitions
meeting these criteria. We have notified those
posts that have received these cases and given them the
case numbers and further instructions. All cases on this
list, even those with firm appointments or in 221(g)
status, are to be delayed while the petition is returned
for further information. No cases in issued status will
be recalled. If posts have any question about the correct
priority date of the K1 case, they should use the priority
date (receipt date) written or stamped on the original
petition. DHS has not requested return of K3 or K4 I-129F
petitions.
4. The Department presently has no information about the
extent of delay for these cases. In the meantime DHS will
send additional questionnaires to the petitioners
inquiring about their possible criminal backgrounds. When
the petition is compliant with the IMBRA, it will be
returned to post from USCIS through NVC for processing.
5. The Department understands the additional workload of
this process and the public relations demands of
responding to disappointed petitioners and beneficiaries.
We recommend that questions be addressed directly to USCIS. The USCIS customer service number is: 800 375 5283.
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http://travel.state.gov/visa/laws/telegram...grams_2927.html
Fiancé(e) I-129F Petitions Recalled by DHS
UNCLASSIFIED STATE 00077044
P 121528Z MAY 06
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE PRIORITY
SUBJECT: FIANCÉ(E) I-129F PETITONS RECALLED BY DHS
1. Summary: The International Marriage Broker Regulation
(IMBRA) was signed by the President January 5th of this
year. A 60-day deadline, March 5, 2006, was established
for DHS to begin asking K-1 fiancé(e) petitioners for
their criminal background information. DHS did not meet
the deadline for collecting additional information. Some
petitions filed after the deadline were approved in error
under the old procedures and sent through the National
Visa Center (NVC) to posts for processing. Approximately
1100 cases went to 95 IV-issuing posts. Posts are
preparing to return these cases as quickly as possible to
NVC. End Summary.
2. While most K-1 cases under the new IMBRA requirements
were held at the service centers pending development of a
new form I-129F, some cases were processed after March 5
using the old forms and procedures and sent to posts for
processing. The DHS Service Center Operations (SCOPS)
Unit of USCIS, Status/Family Branch requested that posts
return to NVC all K1 I-129F petitions with priority dates
(date received at the DHS office) on or after March 6,
2006.
3. NVC was able to run a data base list of all petitions
meeting these criteria. We have notified those
posts that have received these cases and given them the
case numbers and further instructions. All cases on this
list, even those with firm appointments or in 221(g)
status, are to be delayed while the petition is returned
for further information. No cases in issued status will
be recalled. If posts have any question about the correct
priority date of the K1 case, they should use the priority
date (receipt date) written or stamped on the original
petition. DHS has not requested return of K3 or K4 I-129F
petitions.
4. The Department presently has no information about the
extent of delay for these cases. In the meantime DHS will
send additional questionnaires to the petitioners
inquiring about their possible criminal backgrounds. When
the petition is compliant with the IMBRA, it will be
returned to post from USCIS through NVC for processing.
5. The Department understands the additional workload of
this process and the public relations demands of
responding to disappointed petitioners and beneficiaries.
We recommend that questions be addressed directly to USCIS. The USCIS customer service number is: 800 375 5283.
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Look at this posting on the state govt web site. At least they have the decency to post something unlike the USCIS sites...
http://travel.state.gov/visa/laws/telegram...grams_2927.html
[Fiancé(e) I-129F Petitions Recalled by DHS
UNCLASSIFIED STATE 00077044
P 121528Z MAY 06
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE PRIORITY
SUBJECT: FIANCÉ(E) I-129F PETITONS RECALLED BY DHS
1. Summary: The International Marriage Broker Regulation
(IMBRA) was signed by the President January 5th of this
year. A 60-day deadline, March 5, 2006, was established
for DHS to begin asking K-1 fiancé(e) petitioners for
their criminal background information. DHS did not meet
the deadline for collecting additional information. Some
petitions filed after the deadline were approved in error
under the old procedures and sent through the National
Visa Center (NVC) to posts for processing. Approximately
1100 cases went to 95 IV-issuing posts. Posts are
preparing to return these cases as quickly as possible to
NVC. End Summary.
2. While most K-1 cases under the new IMBRA requirements
were held at the service centers pending development of a
new form I-129F, some cases were processed after March 5
using the old forms and procedures and sent to posts for
processing. The DHS Service Center Operations (SCOPS)
Unit of USCIS, Status/Family Branch requested that posts
return to NVC all K1 I-129F petitions with priority dates
(date received at the DHS office) on or after March 6,
2006.
3. NVC was able to run a data base list of all petitions
meeting these criteria. We have notified those
posts that have received these cases and given them the
case numbers and further instructions. All cases on this
list, even those with firm appointments or in 221(g)
status, are to be delayed while the petition is returned
for further information. No cases in issued status will
be recalled. If posts have any question about the correct
priority date of the K1 case, they should use the priority
date (receipt date) written or stamped on the original
petition. DHS has not requested return of K3 or K4 I-129F
petitions.
4. The Department presently has no information about the
extent of delay for these cases. In the meantime DHS will
send additional questionnaires to the petitioners
inquiring about their possible criminal backgrounds. When
the petition is compliant with the IMBRA, it will be
returned to post from USCIS through NVC for processing.
5. The Department understands the additional workload of
this process and the public relations demands of
responding to disappointed petitioners and beneficiaries.
We recommend that questions be addressed directly to USCIS. The USCIS customer service number is: 800 375 5283.
Definition of "Marriage Broker"
in IMBRA Special Topics
Posted
See Page 14 of the IMBRA Law in the attached.
IMBRA2005.pdf