IMBRA Issues

The International Marriage Broker Regulation Act ("IMBRA") was passed by the US Congress in order to help protect foreign brides from abusive husbands. IMBRA requires international marriage brokers to check the background histories of its customers to help weed out men with violent and abusive criminal histories.

Additionally, IMBRA makes it illegal to market children. As a result, international marriage brokers may not provide personal information or photographs of anyone under the age of 18. IMBRA requires the broker to disclose criminal and marital history of the US citizen to the foreign bride. Also, the Act mandates that the broker obtain written consent from the foreign woman before releasing her personal contact information to the US citizen.

The responsibilities of the international marriage broker include: (1) obtaining a legitimate background check of the United States client from public sex offender records; (2) obtaining a written statement from the US client about his past criminal and marital history; (3) release any information acquired in this process to the foreign bride, and do so in her native language; (4) give the foreign woman a government-prepared information guide about the legal rights and resources available in the U.S. to immigrant victims of domestic violence, abuse and other crimes; and (5) get the foreign bride's written and signed permission to the release of her personal information to the US citizen.

IMBRA violations and the misuse of any information obtained in the IMBRA process include imprisonment of not more than 5 years (for violation of the law) and 1 year (for misuse of information obtained) as well as fines of between $5,000 - $25,000 per violation or attempted violation. Additionally, there may also be other possible penalties and remedies under other federal or state laws.

An "international marriage broker" is defined as an entity (whether or not U.S.-based) that charges fees for providing matchmaking services or social referrals between U.S. citizens/permanent residents and foreign nationals. The definition has an exception for nonprofit religious or cultural matchmaking services, and dating services that do not match U.S. citizens/residents with aliens as their principal business.

A potential trap for the unsuspecting is that many international marriage brokers claim to be exempt from the law on the basis that they do not charge fees for any dating services or for furnishing the foreign bride's contact information. It's very important to be on guard against these companies because they are still probably subject to the Act.

It is very important to never forget: Even if the international marriage broker does not charge a fee, it is still subject to the law if it generates revenue from such things as advertising fees for related services such as selling flowers, candy or cards. Additionally, many get their revenue from "charitable donations".

A mistake that many clients make is that they believe the IMBRA does not affect them if they did not meet through an international marriage broker. Do not make this mistake! The International Marriage Broker Law has another impact that may affect your situation---even if you did not meet your bride-to-be through an international marriage broker.

Regardless of how the couple met, IMBRA requires all US citizens applying for a K1 Fiance or K3 Spouse visa to submit more personal information to the USCIS and the US State Department than was previously required. Also, the IMBRA limits the number of petitions for K visas one may file on behalf of a specific foreign fiancee or spouse as well as establishing limits on the number of K Visa petitions one may file for within a certain period of time.

The IMBRA visa petition limits are as follows:

If a US Citizen has ever filed for 2 or more K Visas that were granted approval, then a waiver from The Department of Homeland Security (USCIS) must be obtained before approval will be granted on any additional K Visa petitions. Additionally, if in the past two years a US Citizen filed a K Visa petition which was approved, then that US Citizen must hold off from filing another K Visa petition until another twenty four month period has elapsed.

Keep in mind, there is nothing illegal about the use of an international marriage broker. As a matter of fact, international marriage brokers have brought together many happily married couples.

The use of these services can make the marriage visa process more difficult, though. The reason is that immigration officials tend to view the agencies with a certain amount of suspicion. An K visa applicant must never forget: Immigration officials have a wide latitude with respect to making decisions about k visa applications. Indeed, if an official is not comfortable with an application, it is the official's duty to deny it.

In conclusion, IMBRA has important ramifications for all K Visa applicants. If the couple met through a marriage broker, they must be prepared to comply with additional requirements and be prepared for more questions.

Unfortunately, many international dating sites give the impression that one can avoid having to comply with IMBRA. It's just not true. There is no legal way to "get around" the International Marriage Broker Act. It much safer to simply tell the truth and follow the rules. In the unfortunate event that there is a k visa rejection, then you will need to be aware of all the legal remedies available. The best course, then, is to anticipate any problems your application may have, make a persuasive case as to why your application is worthy of approval .. . and to submit the perfect K Visa application.

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