Legislation expected to be introduced regarding background checks

[acrzybear]

 
 
 
Here's something I found accidently while surfing. It's a good idea, but I don't like the mail order bride label. 
 
(AP) Motivated by the murder of a mail-order bride, members of Congress are drafting a bill that would enable foreign women seeking American husbands to learn the criminal background of men courting them through matchmaking agencies.

The legislation, expected to be introduced this month in the House and Senate, represents the most serious effort yet to impose federal oversight over a loosely regulated, Internet-based industry.

The measure's prime sponsors are Sen. Maria Cantwell and Rep. Rick Larsen, both Democrats from Washington state, where 20-year-old Anastasia King, a mail-order bride from Kyrgyzstan, was killed in September 2000.

Her husband, Indle King Jr., was convicted last year of first-degree murder. He had divorced a previous foreign bride and was seeking a third before the killing.

Larsen anticipates bipartisan support for the measure, though he is unsure how matchmaking services will respond.

"Cases like Anastasia King's have given the mail-order bride industry a bad name," he said. "I'd think they would support any steps to ensure they're looked at more favorably."

The legislation would require international marriage brokers to ask clients about any criminal record, including protective orders issued because of domestic violence allegations. Indle King's first wife had obtained a protective order against him in 1995.

The client's information would be provided to women contemplating marriage with him. If the man then applied for a U.S. visa for a prospective bride, he would undergo a criminal background check by federal officials.

No firm statistics exist on the extent of abuse suffered by mail-order brides, or even the numbers of such women. In the most recent attempt to quantify the industry, immigration officials said in 1999 that more than 200 international matchmaking services operated in the United States, arranging 4,000 to 6,000 marriages annually between American men and foreign women, mostly from the Philippines and former Soviet Union.

Leslye Orloff, director of the NOW Legal Defense Fund's Immigrant Women's Project, said some mail-order marriages work out well, but others are "a recipe for disaster" because the man is seeking a submissive wife.

"The industry markets stereotypes on both sides," Orloff said. "They market to the women the image of wealthy American men and a better life. They market to the American men the image of docile women they can control."

Such a pitch is offered by the Chance for Love matchmaking service. "The Russian woman has not been exposed to the world of rampant feminism that asserts its rights in America," its Web site says. "She is the weaker gender and knows it."

Fees paid by male clients to the matchmaker services vary widely; costs can climb into five figures when the men go on organized trips to such destinations as Ukraine or Russia.

Encounters International, a Bethesda, Maryland-based service, charges men $1,850 for access to addresses and phone numbers of several hundred women in the former Soviet Union whose photos are posted on the Internet.

The agency's founder, Russian-born Natasha Spivack, said she had no objection to mandatory background checks, but predicted abusive men would still find ways to get a foreign wife.

Spivack contended that male clients, not the women, are the most likely to be victimized in mail-order marriages. Some women, she said, enter such marriages solely to gain U.S. citizenship, then falsely complain of physical abuse as a ploy to remain in America despite divorce.

"Some of these women are sharks," she said.

Since 1993, Spivack says she has helped arrange 300 marriages, roughly 90 percent them still intact. Among the contented couples are Frank Hardy and his Ukraine-born wife, Svetlana, who married in 1998 and now raise two sons in Bear, Delaware.

Svetlana said she knows of several women from the former Soviet Union whose brokered marriages failed because of personal differences but none who were physically abused. Her husband, a twice-divorced pilot, said he assumed some foreign brides are mistreated but doubted the problem is widespread.

"A guy is not going to grab a young woman in Russia to bring here just to beat up," he said. "He's got a lot of money tied up in it."

Advocates for immigrant women's rights acknowledge that statistics are scarce on abuse of mail-order brides, but they're convinced the problem is growing.

"We called legal service providers that help battered immigrant women--half of these organizations said they have women coming through their doors who were married through international marriage brokers," said Layli Miller-Muro, executive director the Tahirih Justice Center in Falls Church, Virginia.

The justice center has been deeply involved in work on the upcoming federal legislation. It also is assisting a Ukrainian woman who has sued Encounters International, claiming the agency falsely suggested she would be deported if she left her abusive husband.

"Our goal is not to shut the marriage agencies down, it's to protect women," Miller-Muro said. "When someone is marketing relationships that by design involve a dominant party and subservient party, the likelihood of violence is greater."

[Bruce]

Bear - I think that is a very dated report.  From what I understand this legislation was given the thumbs down.  Members, please correct me if I am wrong.

[acrzybear]

Story of my life, a day late and a Kopeck short:?

[jb]

You are quite right, Bruce,

It got a little press but never got off the ground.

[Bruno]

A little more recent :

14 Jul 2004 : http://usinfo.state.gov/gi/Archive/2004/Jul/15-596569.html

13 Jul 2004 : http://cantwell.senate.gov/news/releases/2004_07_13_mob.html

07 Jan 2004 : http://www.house.gov/schakowsky/article_1_07_04_marriage_trap.html

Reply from agency owner :

http://www.womenrussia.com/press/mail_order_brides_bill_letter.htm

http://www.womenrussia.com/press/28_04_2004_disclaimer.htm

http://www.prweb.com/releases/2003/8/prweb77265.htm

http://www.prweb.com/releases/2003/8/prweb76422.htm

http://www.emediawire.com/releases/2004/4/prweb122010.htm

In short, it seem that the fight of Elena Petrova against these law have give some result...

In any case, the news have make a lot of noise from only one case in US... i believe that US man are better that Russian man about domestic violence... certainly true when you read the rapport from Amnesty international :

" Every day 36,000 women in the Russian Federation are beaten by their husbands or partners. Every forty minutes a woman is killed by domestic violence. Official figures say domestic violence is part of the life of every fourth Russian family... Sociological studies show that 30 per cent of married women are regularly subjected to physical violence. The situation is exacerbated by the lack of statistics and indeed by the attitude of the agencies of law and order to this problem, for they view such violence not as a crime but as 'a private matter between the spouses'"

http://www.amnesty.org/russia/womens_day.html for full article

 

[acrzybear]

" Every day 36,000 women in the Russian Federation are beaten by their husbands or partners. Every forty minutes a woman is killed by domestic violence. Official figures say domestic violence is part of the life of every fourth Russian family... Sociological studies show that 30 per cent of married women are regularly subjected to physical violence. The situation is exacerbated by the lack of statistics and indeed by the attitude of the agencies of law and order to this problem, for they view such violence not as a crime but as 'a private matter between the spouses'"

http://www.amnesty.org/russia/womens_day.html for full article

 

 

 The United States used to be that way until the late 1980's when the states began changing their laws.  The way it used to be was if a Police Officer showed up and the victim did not want to press charges no arrest was made (even then it was a simple misdemeanor of mutual assault), now if there is any physical signs of violence the Officer "SHALL" make an arrest.  In some states the violator is placed into custody for 72 hours for the victims safety.  Now all of the states have made domestivc violence a felony, so the violator has to do counseling and jail time.  

 

 

[Fiorella]

It could be good but the problem not make it too crazy.

[Kevin]

The intentions were good, but making it work would be impossible.

This is a good ideal, but it will only affect American based agency that operated in America. What I expect too see happen is the agencies will just incorporate outside of America in order to avoid this law. 

For example my agency will make the following change since we are a Ukrainian corporation and not an American corporation we will offer the background checks as a paid service to our client. But we will not be under any legal obligation to make it mandatory.

We hope that the ladies will start requiring the men to have it done. Otherwise most of the men will not be motivated.

Most agencies will not be affected by this new law since 90 percent aren't even legal agencies.

Hopefully the law will require a background investigation to be release to the lady prior to the k-1 visa interview though the US embassy then the ladies will be better informed. Currently there is a background check required on the ladies. But the men don't see it unless they request a copy.

The only people who can enforce this type of a law are the ladies and they must be the ones asking for it.  Even this bill doesn't have any law enforcement agency enforcing it. 

If this law was passed the US agencies would require background check on all men who join the agency http://www.match.com. Then there would be a request for all ladies to have it done. Then you would see match.com relocated overseas to avoid losing there clients. Less corporate tax money for the Goverment in America and no change for the safety of the ladies.

A lot of people talk about the few cases of Domestic abuse that involves Russian women. If you look very hard you might find 5-10 on the internet.  I can personally testify to at least 200 + cases that I have responded to as a deputy in the last 15 years including cases of deceased family members that involved American men and American women.  I personally do not see a higher percentage of abuse in RW/AM relationship as I see in a local trailer park in Marion County on a Friday night. In face I would say I see a higher percentage between the AW/AM then any other group. Just take a look at your newpaper police reports.

Since my agency has been open we have no reported cases of abuse between any of our clients and ladies.

Hope this helps.

Kevin

[acrzybear]

  I personally do not see a higher percentage of abuse in RW/AM relationship as I see in a local trailer park in Marion County on a Friday night. In face I would say I see a higher percentage between the AW/AM then any other group. Just take a look at your newpaper police reports.

 

Kevin

I'm sure your experience has shown you that a high percentage of domestic abuse/violence does not get reported, especially by women that have come to the United States from foriegn countries. Also if you are financially well off and an affluent member of the community it won't get reported the same as compared to a lower income individual the police deal with all of the time. 

 Let's say I was an abuser, Here are just a few reaons I would look at marrying a lady from another country;

1) I would have complete control over her life from day one (as abusive relationships are all about control/power) since she would be in a foriegn country and dependent upon me for all of her needs. If she has a child, that would be another tool to use to make sure she is compliant.

2) She would not report me to the police since her experience has shown her that most of the police in her country are corrupt so it must be the same here.

3)  She would not be aware of the resources available to help her out of the abusive relationship and of course I would lie to her and tell her that I could have her deported just because I wanted to and that without me she would have to go back to her homeland, but of course I would make sure that she did not have the resources (financial or otherwise) to do so.

These are just three things I could think of off the top of my head, I won't even go  into the different cultures that place the man in control of the household and allows him to do as he wishes. So let's say I had to spend a few thousand dollars to get a woman that would not report me to the police to arrest me and put me in jail or prison- it would be some of the best money I could spend.

I had a case around eight years ago when I was working in another state where a 35 year old guy had married a 20 year old lady from one of the smaller cities outside Kiev. Things went well for about the first six months the things progressed rather quickly to where he was raping and beating her.  She left him and went to a shelter and started to get assistance.  He found her when she was visiting her girlfriend and sweet talked her into giving him a second chance and within one week of her returning home she was beaten so bad she was in the hospital for 3 days.

Under the laws of the state all medical professionals are required to report suspected domestic violence and I was sent to the hospital's emergency room while she was being initially treated.  Due to her very minimal english and my minimal Russian at the time and her mistrust of police it was very difficult to get assistance from her.  After talking to the medics and neighbors it was determined that her "loving" husband had beaten her.  My partner and I went to arrest him and he did not wish to go with the program (not very smart since I'm 6'5" and 250 and my partner was 6"1 and 200), so he went to the hospital then jail.

The end result is "Jane" went to a shelter and met a Russian counselor that had married a local lawyer and recieved the assistance she needed.  "Jane" recently   graduated with a degree in counseling and is helping other women that are in the situation she was in.  Due to the severity or her injuries her former husband ended up in prison for 15 years for rape and spousal abuse and assault with a deadly weapon (baseball bat). Luckily this is one situation that resulted with a good ending and the criminal justice system, the support system and everything else worked like it should.  There are alot of situations where the system does not get notified/involved until someone is killed by their spouse.  There are also many situations where the system fails the victim.

One of the things I could recommend (if it hasn't been done already) is to do what Kevin suggested and that is to educate the ladies about their rights if they move to the United States or elsewhere.  My Gunny used to always tell me that  knowledge is power, and that is so true.  I think it would be a good idea for a lady to get a copy of resources available (in her native language) in the state she is planning on relocating to when she goes to her interview at the U.S Embassy in her home country .  This could be as simple as various websites (government or private) to some brochures.

 

Well just the thoughts and experiences of a slightly sleep deprived crazy bear in Texas.

 

       

   

[jb]

Bear,

I have heard from a fairly reliable source the many agency girls know all about the DV laws in America long before they arrive with their K-1's in hand.  Don't let yourself be fooled, these woman are no so stupid.

[Elen]

But there are a lot of fools among those women as well:?

[jb]

There is a vast difference between being stupid and being foolish.  

[acrzybear]

Bear,

I have heard from a fairly reliable source the many agency girls know all about the DV laws in America long before they arrive with their K-1's in hand. Don't let yourself be fooled, these woman are no so stupid. 

As with most things in life it comes down to a persons intent, is she learning the American system to protect herself and her child? Or is she learning the system to get a free ride and green card?  These are answers only the lady will know in the beginning of the process.

If you spend enough time with someone and do not let your emotions rule your thought process and the couple have good instincts , the persons true character will reveal itself. I do not think most guys initially realize the amount of time and energy involved when courting a foriegn lady.     

 

[Maxx]

The USCIS (INS) is scanty in it's statistics. Some of the few that it has been released is on how many spousal abuse petitions have been filed each year. When the I-360 Spousal Abuse petition was instituted about 10 years ago there were only about 2000 applications made. In 2002 about 5,900 were applyed for. In 2003 6,700 (exact number) were applyed for. That is a 13% increase from one year to the next. So in 2004 7,600? In 2005 9880? It is a growth business funded with V.A.W.A. funds and the reward of getting a greencard and US citizenship on the fast track.

Remember there is no need to file an I-360 if the woman already has her green card. The INS people I talked including an I.C.E. investgator see the uncontested I-360 as a potential pipeline for immigration fraud. They are frustrated as their hands were tied by Washinton/Arlington/Vermont Service Center (VSC) in 1996.

Here is a e-mail I got from an INS adjudicator 

Maxx

One problem is that "extreme mental or physical cruelty" has no really set definition. Another is that is it far easier to roll over and approve than to deny and run a case through the Immigration Judge, then on to District Court, Circuit Court, Supreme Court which costs a hell of a lot of money. Third, your K3 was intelligent enough to sell a judge on one of those short-term restraining orders. Fourth, it has always been difficult to prove "intent" at the time of marriage. It may be VSC has yet to develop the spine to fight these, or to refer them to the local offices for adjudication.

Otherwise, I don't know what to tell you. I've seen an I-360 denial because there was none of the abuse-positive evidence presented at the District (not Service Center) level. Sorry I could not be more helpful.

----------------------------------------------------------------------------------------------------------

Second e-mail I got from him:

I asked one of the more senior adjudicators about VSC et al, and found out that VSC basically rolls over if -any- shred or indication of abuse is put in the file. Sadly, the most flimsy of evidence grants them.

Evidently, the one case I listened in on (cubicle next to mine in a two-person office area) should have been sent to VSC, or was kicked back for lack of documentation).

------------------------------------------------------------------------------------------------------------

This is not a subject most people want to talk about and certainly not the agencies.

Very few people are able to talk about this subject in a balanced manner. That is seeing both sides of women being abused and men falsely being accused. It is easier to blame all men accused of Domestic Abuse and supporting all women who make the charge. This is what our government does.  

This is a very big problem affecting thousands of men with immigrant wives every year. Perhaps someday it will be 10's of thousands. It is not a subject most want to talk about or admit to have experienced.

Maxx  


 

[Kevin]

Bear

 In the movies the ladies don't know how to call 911. But let consider what I've seen in person when it come to abuse. The American women know how to dial 911 and most of the cases they don't.  There is a character flaw that allows abuse not only of the women but the men. 

The ladies in my agency understand they can call for assistance if needed. 

The background check is a good ideal to check for a history of abuse in the past and I agree a lady should ask for one. Currently the cost isn't cheap and the ladies do not have any money to spend for such a report.

The simple solution is too require a men seeking a k-1 visa to have a back ground check as part of the procedure and given to the lady as part of the Package #1. Also the  men should be given a English copy of her background check.   Before her exit interview.

I don't recall a single domestic abuse case that I worked that didn't have a history of abuse over a time spend.  Quite a few times I wanted to yell at the victim for being dumb enough to return time after time.  but the heart is a strange creature that can be controlled.

The worst case I ever saw was a 270lb women that made her 90lb husband sleep outside in the car every night because he snored too loud.  It was a sad sight too see and he wasn't going to change a thing.  (neighbors called us)

As far as the ladies knowledge of DV laws and our legal system. They have American soaps on TV everyday and keep well updated.:?

As always I hope this helps.

Kevin

[Maxx]

I don't recall a single domestic abuse case that I worked that didn't have a history of abuse over a time spend.  Kevin

 

I never had so much as a petty misdemenor in my life. I never had the police called on me. Never arrested. Never been in for Drug/Alchohol treatment. Never even taken the witness stand in my life until charges were leveled against me 2 weeks after I filed for divorce and separated from my Russian wife. Comparing AM/AW D. V. situations with RW/AM "D.V." situations just can't be done as there is no greencards at stake with the former.  

Kevin, if one of your ladies told you she wasn't interested in a certain man would you tell her that this man was her "best chance to get to America". Then through your interpreters tell this man how much this woman loved him and missed him when he was gone? This happened to me with the agency I was dealing with. I don't think you would do this.

Maxx

[Kevin]

Maxx

 I can honestly say this isn't a problem though my agency. In fact it is a common complaint from our clients that they get too many rejection letters.  My staff is trained not to promote a clients, but let the lady decide for herself.  Our interview process is design to talk about both the Positive and negative accept of Marriage in America.

Quite often we can request from our client to "sell" them to the ladies and we have to refuse. This doesn't mean that we don't try to promote a marriage, we just prefer to let the facts and chemistry do there jobs and keep the pressure off the ladies.

This is why if a clients sends me a letter asking me to do everything possible to convince a lady to marry him including paying her parents you will get a nasty response letter from me.

The best way to avoid this type of a situation is too remove the money factor from the relationship.  A honest lady will stick with you.  And don't ask an agency to manipulate your relationship for you if things start going wrong. Best to do it face to face with the lady.

Hope this helps.

Kevin

[Maxx]

Kevin

I would like to say that I consider your agency as one of the best in the FSU. In fact I joined it several weeks past. But I informed Anastasia on your staff that I will only be actively using your agency (responding to letters) later as I need first to be well prepared for this process.

One the reasons I failed and there were several, was that I did not use an agency that follows your standards. IMO finding the right agency is almost as important as finding the right woman.

You mentioned male clients asking you to promote them with a certain lady. I think the opposite is most likely with most agencies. It is the women who ask the agency owners to set them up with certain men.  They pass around lists I have been told. Take payments or payoffs if things progress. Get skims on the scams and so on. How many guys in their 40's and 50's who have 20 something hot Russian women (BTW mine was '34) after them really have a "lady" who is really working slyly through the agency? That is why dealing with an honest agency is so important.

Maxx

 

[calcowboy1]

Hi guys,

I am new to the board, however, I see some familiar faces.

I am not too sure about the laws in the US, however here in Canada, there is no way for someone to "sponsor" their wife if they have a criminal record (other than minor offenses).  I should state that here in Canada you must first marry the woman and then apply to sponsor her because we do not have a finance visa in Canada.  In our paperwork there are extensive questions regarding any arrests that have been made and if you have any domestic violence arrests.  This is a non-starter for the Canadian government.

In the US, does your government not investigate the men who are applying for fiance visa's?

Cheers!!, I hope to enjoy the forum

Calcowboy

[Maxx]

My matter was civil not criminal and there never was an arrest. However 2 weeks ago I was coming through an airport in Detroit when a woman who scanned my ID said "Did you know you have a protective order out on you?" I said "Yes that was from two years ago" So anyway there are records nationwide in a data base on civil matters.

I think the US government is more casual about granting these petitions (K1 and K3) than Canada is. Do they investigate? From what I understand they do but from what I know almost everyone has had something on their record.

Maxx