Fetelor, nu aveti e ce va teme de IMBRA. Actul a fost emis pt a monitoriza activitatea anumitor agentii care faceau trafic cu mirese. La fel, va monitoriza petentul american. Toate astea s-au intimplat din cauza unor abuzuri facute de agentii, care organizau excursii in scopul gasirii partenerilor. Erau tururi, in care americanul (de onbicei barbati) se intilnea cu numeroase pretendente. AM auzit de asa ceva in Rusia si Filipine. Ori unii aplicau pt K-1 pt mai mult de o persoana ( daca va puteti inchipui asa ceva), ori depuneau 2-3 aplicatii pe an, ori dupa ce isi aduceau logodnicele nu se casatoreau in cele 90 de zile, le trimiteau inapoi, aplicau (daca nu cumva deja aplicasera) pe alta...... Ori altii care chiar daca se casatoreau, isi abuzau sotiile, iar acestea nu luau nici o masura pt ca agentia care le plasase le instruiau sa n-o faca. Acum un an a fost un caz in Silver Spring, MD cu o agentie care era specializata pe Rusia. A fost mare scandal pt ca unele mirese nu aveau nici macar 18 ani, si agentia stia. http://www.arctec.com/restrictions.html
International Marriage Broker Obligations
Before an IMB can release the personal contact information of a foreign client to a U.S. client, the IMB must:
- Search the National Sex Offender Registry to determine the record of the U.S. citizen, and disclose any information found concerning the U.S. citizen to the foreign client
- Obtain a signed statement from the U.S. citizen revealing any current or past protection or restraining order, most criminal arrests and convictions, virtually all arrest or convictions for domestic or sexual offenses, multiple convictions for substance and/or alcohol abuse, the U.S. client's marital history (including the reason for termination of any prior marriages), the ages of any of the U.S. citizen's children under the age of 18, and a list of all States and counties that the U.S. citizen has lived in since the client was 18 years of age.
- Distribute to the foreign national a pamphlet currently being developed by the U.S. government to educate foreign fiancé(e)s about U.S. domestic abuse laws and resources for immigrant victims in the U.S.; and
- Obtain the foreign national's written consent to disclosing her personal contact information.
Multiple K Visas
IMBRA places two new restrictions on multiple K1 visas:
- A petitioner must wait two years from the filing of a prior K1 visa until a second K1 visa may be issued
- A petitioner is barred from obtaining fiancé(e) visas for more than two foreign nationals. A waiver based on a showing of “extreme hardship” is possible in such cases, although not if a petitioner has a record of violent criminal offenses. “Record” is explicitly not restricted to criminal court records.
A database will be maintained by the Department of Homeland Security to track multiple fiancé(e) and spousal visa petitions.
Discussion
The new rules will have a substantial impact on K1 petitioners who met through international marriage brokers. It should not affect petitioners who met though services like Yahoo! Personals which provide contact services with foreign nationals as an incidental part of their services. The fiancé(e) will be asked in every instance whether she met her fiancée through a matchmaking site. If she replies untruthfully and is found out (a very real possibility), she will be denied the visa and barred from ever receiving a U.S. visa of any kind. If she admits to the means of acquaintance, but can not convince the consular officer that the marriage agency provided her with the required disclosures, the visa will be refused, and at best the case will go into administrative review. The principal short-term question is how the consulates will treat K1 visa beneficiaries who became acquainted before the law took effect. The answer to this question is unknown as yet, but may be answered by implementing regulations.
Notes to clients:
1. Our firm is currently arranging for a newsletter service to keep you fully abreast of all upcoming developments in this area.
2. Our firm will be ensuring that each of our clients' petitions conforms to the new requirements (whatever this may entails).
Latest News (2/28/06) : The Moscow Embassy has stated to us in a reply to our email inquiry that the new law will NOT apply to couples who met prior to 3/6/06. We are awaiting replies to emails sent to other embassies/consulates before we regard this issue as settled. Still, the signs are good.