Simple IMBRA

[IAmZon]

To be completely honest, I have not studied the IMBRA law; its applications; its requirements.  It seems to be a kneejerk reaction that is not mature law, and prone to be tested.

But, in the simplest context, does anyone REALLY know its current impact?  Is there any precautions a prudent man would take?

[William3rd]

It is not a matter of precautions really.

However, the main thrust of the law-including the VAWA portion- is disclosure. Disclosure of criminal history-mainly convictions- to the woman. Agencies are supposed to collect this material before disclosing contact information to the US member and have the material available to the woman. Agencies are also supposed to give immigration information to the woman.

Consulates can add the criminal history to their interview questions so it needs to be disclosed-as it always should be in a relationship

Keep in mind that it is only applicable to K visas. Marriage abroad is not applicable.

There are other threads with a lot more detail than this post. You should look there for the precise rules and regs if you wish to.

[Rvrwind]

The biggest loophole & if you want to just go around IMBRA is very simple - Don't use an American based agency! Only Amercan based agencies are required to follow IMBRA, the rest of us well....we don't have to.
At least thats the way I understand it.

[William3rd]

The way they get at the foreign agencies are that the consulate is given some leeway in denying a fiancee visa if the agency has not complied with IMBRA requirements. However, there are waivers available to the noncompliance.

Personally I felt that IMBRA was not that big a deal.

[Gator]

Rivardco,

Some of the larger non-USA agencies address IMBRA by requiring an AM,  before contacting the woman, to complete a standard questionnaire for all IMBRA-disclosure items.   

Other agencies have interpreted that IMBRA does not apply if all correspondence goes through the agency (which raises the separate and critical issue of who is writing what).  If a meeting ever develops, then the IMBRA information should be disclosed in writing in her language before the meeting and even before exchanging addresses.

[Rvrwind]

So if I want to comply with IMBRA for my US based clients what forms do I need for them to fill out? And where can I get them?
Figure it is best to be prepared. Better safe than sorry.

[William3rd]

There are two formats that I can recommend- one for him and one for her. For him- stating divorces, arrests, etc. For her- a form stating that she does or does not want the information to be provided to her.

Remind me tomorrow and I will email them to you.

[Rvrwind]

Thanks William.
One more question: Is it only nessessary to gather the correct information?
In  other words can I refomat the pages to match my website & make my own forms asking all the same questions Or must I use the forms they provide?

[William3rd]

You can and should create your own. There is no govt form although the new revisions of the 129F are informative as to what they are asking about.

[Rvrwind]

Please by all means send me what you have & I will design my own from those for my site.
I've ad several Americans join the agency of late so i figure it is best that I provide it.
By the way,what to I do with it onc it is filled out. Do I have to submit it to the US government or just translate it & make it available to the adies he is in contact with or just the one he ends up with? Also I heard tell of a form that the lady can sign as a sort of waiver that she on't need to see the information or want to,is that true or just a rumor?
Thanks as Always.

[Rvrwind]

Sheesh the spelling was atrocious in that last post :selfharm: Thats what happens when I'm in a rush, too many keys sticking on this dang keyboard! (Thats my story & I'm sticking to it!!)
William please send the copies you have so I may build the forms for my site. Thanks!
You told me to remind you

[William3rd]

In the meantime, you should look at the megan's law site; you will be running your guys' names and addresses through the sex offender data bases.

[Maxx2]

Probably the most offensive part of this law is needing to disclose the arrests that didn't lead to a convictions. The special interest groups that are behind these laws must know that the Federal judges and politicians are too spinless to reject such violation of one's rights (5th Amendment). Equally sad is to see a Canadian having to comply with US legislation.


Maxx

[William3rd]

Need an aggrieved party to come forward to challenge those provisions. . . . . Peewee Herman, where are you in our our of need?

Seriously, there are certainly other arguments that can be made to challenge other portions of the law. IF someone has the desire, the time, and the money.

[Rvrwind]

In the meantime, you should look at the megan's law site; you will be running your guys' names and addresses through the sex offender data bases.

Say What???????
I have to run a search. I was of the understanding that I only had to provide the translated form & information to the ladies he is communicating with. How am I supposed to check some dang data base & how much is that little nugget gonna cost?
Why don't they do like Canada & you just have to provide a copy of your criminal record, obtained from the RCMP, in the US case the FBI, that is no older than one year. Too logical & too simple for the American Government maybe?

[BC]

Say What???????

What was that old serial I used to watch where the deputy always said 'Surprise, surprise!'?

[William3rd]

The only penalty for foreign agencies are in the potential non issuance of US visas for their fiancees. Megan's law sites are FREE and easy to use. Just plug in an address and all the child molestors and rapists are listed by name and crime.

[BC]

The only penalty for foreign agencies are in the potential non issuance of US visas for their fiancees. Megan's law sites are FREE and easy to use. Just plug in an address and all the child molestors and rapists are listed by name and crime.

Yeah that's a scary website..  Are you sure though that this would be the only site an agency owner would be required to check?

[William3rd]

National Criminal Data base, etc. I think I already posted the law sections here last week

[William3rd]

The following are some of IMBRA’s key requirements:
• Prohibits an IMB from profiling girls under the age of 18;
• Requires IMBs, before they release the contact information of any foreign woman to any U.S. client to
(1) conduct a search of federal and state public sex offender registries for information on that client;
(2) provide her with a copy of the results of that search as well as further criminal and marital background information the IMB has collected directly from the U.S. client;
(3) advise her of the rights and resources available to domestic violence victims in the U.S.; and
(4) obtain her written consent to the release of her contact information to that specific U.S. client;
• Requires foreign fiancées and spouses coming to the U.S. to be given an information pamphlet reviewing the rights and resources available to domestic violence victims in the U.S; and
• Halts the practice of Americans simultaneously seeking visas for multiple fiancées and provides a lifetime cap of two fiancée visas per U.S. petitioner (subject to DHS waiver).

Credit to the Tahirih Justice Center for the use of this statement.

[Maxx2]

What was that old serial I used to watch where the deputy always said 'Surprise, surprise!'?

That was the Andy of Mayberry show. It was Gomer Pyle that used to say this. He was made a deputy once in a while by Barney Fife when Andy was out of town and Barney needed the backup. Later he joined the Marines.

Gomer Pyle was the simple-minded gas station attendant and later auto mechanic in the American TV sitcom The Andy Griffith Show, played by Jim Nabors. Nabors continued the character in his own starring vehicle, Gomer Pyle, U.S.M.C. from 1964-69.
Gomer Pyle was a good-natured, bucolic simpleton, characterized by his childlike naivety and his exaggerated hick accent. He originally lived in the fictional town of Mayberry and worked at Wally's Filling Station (which also served as the town's service station) where he took up residence in the back room. Wide-eyed and slack jawed, Gomer provided much of the comic relief during his two-year stint on The Andy Griffith Show. He was often awestruck by the simplest of things, resulting in the exclamation of his catchphrase, "Shazam!" He was also known to regularly spout other memorable expressions, such as "Gol-ly", and "Surprise, surprise, surprise!".

[Rvrwind]

Hate to ask but can I have you post the link to the website & links to where I can find the forms.
I know you probably posted them before but I can't seem to find them.
Now I gotta make up a pamphlet:
• Requires foreign fiancées and spouses coming to the U.S. to be given an information pamphlet reviewing the rights and resources available to domestic violence victims in the U.S!!
I'm just shaking my head!!!
I'm trying to do something to make it easier for my US based clients & the US Government is making it harder for me to do that. I can see this is going to be a long slow moving train.

Equally sad is to see a Canadian having to comply with US legislation.

Hey Maxx, I'm used to it. The US is the only country in the world that I as a Canadian citizen am not permitted to enter. As much as I like American people & have many friends there, your Government is comprised of a bunch of Pu$$y whipped dildo's!!! Much like the Canadian government with their pork barrel bottom feeders!!!
When I find a Government with an iota of common sense & an combined IQ of over 12 I think I'll hop on the next plane & move there, before they change their minds!!! :noidea:

[BC]

RVR,

Here's an example

http://www.tlcworldwide.com/newlaw/background_form.php

I haven't been able to find the pamphlet mentioned in IMBRA.

[Gator]

Now I gotta make up a pamphlet

Richard, I beleive the embassy gives the pamphlet to the woman at her interview.  You do not need to make a pamphlet.  Most RW already know that the DV laws are tilted to favor women.

[William3rd]

Gator is correct on how it is supposed to operate. If you want, you could give the girl the old 652 stuff.

Richard, I will get you that stuff I promised over later today. I think I still have your email.