IMBRA

[Brianinaz]

Does anyone have any experience with filing for a fiance visa when you have met your fiance through a non-IMBRA compliant agency?

[William3rd]

You should give more facts about your situation. I met my fiancee through a non-IMBRA compliant site. I do not anticipate any major difficulties on that aspect of the rules

[Brianinaz]

More facts....Well I'm early on in the relationship but things look promising. I spent 10 meeting a number of women I had a  relative brief period of correspondence with all through the same agency. The agency dosen't do anything in terms of IMBRA. I sent over a form I got off an immigration attourney's web site providing all the relevant information required by IMBRA and asked them to translate into Russian for me so I could give it to any of the ladies I met who seemed promising to me. They never got around to it. At the end of the 10 days there was only one lady I was really interested in. I had the translator give a brief explanation of the law and give responses to all the questions which are accross the board no's, details on my kids etc. What I'm looking for is someone who went to the interview and said yes we met through an agency, they didn't provide any information before contact, and when we met he tild me the answers to all the questions the agency should have asked. Theyy didn't search any of the sex offender data bases but he told me he's not on any of them. The question then was the fiance visa approved or denied or sent for some administrative nightmare. If I need to be creative I want to do it now not sitting in the embassy talking to some guy who's had a bad hair day.

Thanks

[dwfunk]

What I'm looking for is someone who went to the interview and said yes we met through an agency, they didn't provide any information before contact, and when we met he tild me the answers to all the questions the agency should have asked. Theyy didn't search any of the sex offender data bases but he told me he's not on any of them. The question then was the fiance visa approved or denied or sent for some administrative nightmare.

Nobody has ever had this kind of discussion about IMBRA at any of the interviews.  Think 'molehills' not 'mountains.'

If I need to be creative I want to do it now not sitting in the embassy talking to some guy who's had a bad hair day.

Not a good idea, the attitude that you might need to be "creative." 



------
David & Natalia
Republic of Texas / Moscow, Russia
УЛ. КОНЕНКОВА
16th World Spacemodeling Championships

[William3rd]

IMBRA has been a non-issue at most consulates. At present, you will probably not find any person that meets your criteria. There is more to IMBRA than just the requirements that agencies notify their clients of your history.

Creativity usually doesn't get graded at consular interviews.

You have already gone above and beyond the call of duty which wouldnt do you any good under strict ready of the regulation. The bright spot is that the requirement can be waived if there would be extreme hardship to the petitioner.

Of course, I imagine that some day there will be a child abusing batterer sitting there at a fiancee interview. . . . .

[Brianinaz]

dw

Maybe I just don't understand as I've never been to an "interview" but its my understanding that somewhere along the line somebody is suppose to verify that this law has been complied with. I'm figuring that at the interview is the only point of contact to determine that. What I am trying to determine is what kind of questions are asked and what the responses were. I find it hard to believe that no one who has met through a non-IMBRA compliant agency has gone to an interview. Do they ask "so how did you meet?" or some variation there of and if so has anyone been honest and said through an agency and then had the follow up questions about IMBRA compliance. Now my comment about getting creative relates to if there have been visas being denied on this basis then we will meet in a coffee shop or I'll have her register with a IMBRA compliant agency and "meet" her through that agency with an accompanying paper trail. I'm not sure I see the "attitude" problem there. Again I don't have anything to "declare" under this law I just want to do my homework, cover my bases, and not become a victum of the agenda of whom ever came up with this.

[BC]

IIRC something was also mentioned regarding AOS interviews..

[BC]

IIRC something was also mentioned regarding AOS interviews..

Found it.. - am not a lawyer so don't know exactly how this would be interpreted, much less implemented.  Might just apply to handing out the pamphlet at an AOS interview.

H. R. 3402—112

(b) VISA AND ADJUSTMENT INTERVIEWS.—
(1) FIANCE´ (E)S, SPOUSES AND THEIR DERIVATIVES.—During
an interview with an applicant for a K nonimmigrant visa,
a consular officers shall—
(A) provide information, in the primary language of
the visa applicant, on protection orders or criminal convictions
collected under subsection (a)(5)(A)(iii);
(B) provide a copy of the pamphlet developed under
subsection (a)(1) in English or another appropriate language
and provide an oral summary, in the primary language
of the visa applicant, of that pamphlet; and
(C) ask the applicant, in the primary language of the
applicant, whether an international marriage broker has
facilitated the relationship between the applicant and the
United States petitioner, and, if so, obtain the identity
of the international marriage broker from the applicant
and confirm that the international marriage broker provided
to the applicant the information and materials
required under subsection (d)(3)(A)(iii).
(2) FAMILY-BASED APPLICANTS.—The pamphlet developed
under subsection (a)(1) shall be distributed directly to
applicants for family-based immigration petitions at all consular
and adjustment interviews for such visas. The Department
of State or Department of Homeland Security officer
conducting the interview shall review the summary of the pamphlet
with the applicant orally in the applicant’s primary language,
in addition to distributing the pamphlet to the applicant
in English or another appropriate language.

[dwfunk]

Maybe I just don't understand as I've never been to an "interview" but its my understanding that somewhere along the line somebody is suppose to verify that this law has been complied with. I'm figuring that at the interview is the only point of contact to determine that. What I am trying to determine is what kind of questions are asked and what the responses were.

So far, nobody has reported any such questions being asked at any "interview."  My wife was never asked how we met.  On the Russian ladies side, in their forums, they keep up with the list of questions that folks encouter at the interviews, and so far, no one, has reported any questions about how they met.  Just tell the truth, it never fails, and don't fret over molehills.




------
David & Natalia
Republic of Texas / Moscow, Russia
УЛ. КОНЕНКОВА
16th World Spacemodeling Championships

[dwfunk]

Found it.. - am not a lawyer so don't know exactly how this would be interpreted, much less implemented.  Might just apply to handing out the pamphlet at an AOS interview.

H. R. 3402—112

(b) VISA AND ADJUSTMENT INTERVIEWS.—
(1) FIANCE´ (E)S, SPOUSES AND THEIR DERIVATIVES.—During
an interview with an applicant for a K nonimmigrant visa,
a consular officers shall—
(A) provide information, in the primary language of
the visa applicant, on protection orders or criminal convictions
collected under subsection (a)(5)(A)(iii);
(B) provide a copy of the pamphlet developed under
subsection (a)(1) in English or another appropriate language
and provide an oral summary, in the primary language
of the visa applicant, of that pamphlet; and
(C) ask the applicant, in the primary language of the
applicant, whether an international marriage broker has
facilitated the relationship between the applicant and the
United States petitioner, and, if so, obtain the identity
of the international marriage broker from the applicant
and confirm that the international marriage broker provided
to the applicant the information and materials
required under subsection (d)(3)(A)(iii).
(2) FAMILY-BASED APPLICANTS.—The pamphlet developed
under subsection (a)(1) shall be distributed directly to
applicants for family-based immigration petitions at all consular
and adjustment interviews for such visas. The Department
of State or Department of Homeland Security officer
conducting the interview shall review the summary of the pamphlet
with the applicant orally in the applicant’s primary language,
in addition to distributing the pamphlet to the applicant
in English or another appropriate language.

My wife did not receive any pamphlets at the AOS interview, she did get one at the visa interview at the Embassy. 

Nothing was asked at the AOS interview about how we met.  They were only concerned with evidence of a marriage relationship. 


Interestingly enough, none of the questions asked during AOS interviews that are posted on the womens forums have been about how they met.  Lots of different interesting questions related to things married couples should know about each other, but nothing, at least yet about meeting or anything related to IMBRA.

Personally, I think USCIS is concentrating more on the multi-visa guys and the ones with convictions.  Those two areas alone can keep lots of folks busy.




------
David & Natalia
Republic of Texas / Moscow, Russia
УЛ. КОНЕНКОВА
16th World Spacemodeling Championships

[dwfunk]

Now my comment about getting creative relates to if there have been visas being denied on this basis then we will meet in a coffee shop or I'll have her register with a IMBRA compliant agency and "meet" her through that agency with an accompanying paper trail. I'm not sure I see the "attitude" problem there. Again I don't have anything to "declare" under this law I just want to do my homework, cover my bases, and not become a victum of the agenda of whom ever came up with this.

The idea that you are anticipating a problem that does not exist and planning a cover-up is "attitude."  It's dangerous, and will GUARANTEE denial when uncovered.

IMBRA currently does not have any provision for punishment nor enforcement of this aspect of the law.

So far, no one has been denied a visa due to your purposed scenario.  You've met how you met.  List it on the I-129F and in your intent letter. That's it, you've done what you're supposed to do.


------
David & Natalia
Republic of Texas / Moscow, Russia
УЛ. КОНЕНКОВА
16th World Spacemodeling Championships

[Jack]

David, the goverment has not created or issued this proposed pamphlet to date.   

Until that is done major provisions of the IMBRA act are not going to be in compliance and the goverment knows this.