New Rules?

[Linbar]

I was reading about the "International Marriage Broker Regulation Act of 2005" and it seems that its effective date is March 6, 2006. If I am correct (not very often), it is delaying K-1 visa applications with additional checks. Even to those already approved. It seems that at least some of the applications are being returned to the center that originally approved them if that approval date was after March 6. Has anybody heard anything about this and its effect?

[MikeandRong]

http://usaimmigrationattorney.com/nucleus/index.php?itemid=2

 

http://www.visajourney.com/forums/index.ph...opic=13316&st=0

Edited May 11, 2006 by MikeandRong (see edit history)

[LeeFisher3]

I have a friend who may have been caught up in over eager processing by NVC. His K-1 arrived there in early March and he is stuck in Review and finally this week they told him it was Administrative Review.

 

Since it has been over 2 months at NVC he has contacted his Representative to get an update that may provide a bit more information. It could be that the case is sitting on the corner of someones desk or not, but the timing seems very coincidental with this new law going into affect.

[frank1538]

I could certaintly see some slowdown in processing at the USCIS level assuming additional criminal backround checks.

 

I'll go ahead a post a question to USCONGUZ on whether the consulate has formulated any policies regarding the actual interview.

[hunter]

Being that this new law is in effect to protect women from potential sexual/violent predators, I whole heartedly agree with it. On the other hand I feel for anyone who is going to be delayed by it. On the other/other hand. If your a past conivcted sex/violent criminal SHAME ON YOU. =) /peanut gallery

[Mick]

Hope this new fangled law doesn't auger the beginning of another Black Hole era. In the original Black Hole, new procedures regading name checks started the whole mess. None of the agencies really knew when and what they were supposed to do.

 

But please, I am not trying to alarm anyone here. All of this could be a bit of a delay, just a minor glitch. Hopefully, the powers that be learned a few lessons from the Black Hole of 2002-03.

[LeeFisher3]

Hopefully, the powers that be learned a few lessons from the Black Hole of 2002-03.

214234[/snapback]

You're quite the optimist aren't ya.

[lars]

Hopefully, the powers that be learned a few lessons from the Black Hole of 2002-03.

214234[/snapback]

You're quite the optimist aren't ya.

214244[/snapback]

Yea, my paperwork supposedly got to GZ at the end of March. How much time should I give them before "calling for help"?

[Dean Hall]

From another site, so if a moderator needs to delete it, do so.

Copied from Visa Journey.com

 

 

 

I posted this in another thread but I also wanted to post it here.

 

I just read the whole law, god I have a headache!, and although I am not a lawyer this is what I think I have found. The law has a few things that affect most of us.

1. If the USC has filed more than one petition prior to the one being adjudicated then his/her info is put into a database.

2. There is a 2 year waiting period for a 3rd petition after the filing of a second one.

3. If you met in any way OTHER than an international marriage broker then a special backround check isn't done. If you did meet via a broker then the USC must submit his backround before personal info of the alien party may be given to the USC. The broker must also do a check of the Sex offenders registry and provide that info to the alien.

 

This is from the law:

 

(iii) The Secretary of Homeland Security shall provide

to the Secretary of State any criminal background

information the Secretary of Homeland Security possesses

with respect to a petitioner under subsection

(d) or ® of section 214 of such Act (8 U.S.C. 1184).

The Secretary of State, in turn, shall share any such

criminal background information that is in government

records or databases with the K nonimmigrant visa

applicant who is the beneficiary of the petition. The

visa applicant shall be informed that such criminal

background information is based on available records

and may not be complete. The Secretary of State also

shall provide for the disclosure of such criminal background

information to the visa applicant at the consular

interview in the primary language of the visa

applicant. Nothing in this clause shall be construed

to authorize the Secretary of Homeland Security to

conduct any new or additional criminal background

check that is not otherwise conducted in the course

of adjudicating such petitions.

 

Note the last sentence. No special checks are done by the DHS.

I could not find anything that says the petitioner must submit his/her own police check with the petition.

If you were introduced through a International marriage Broker then a whole bunch of stuff applies there.

Your fiance will also be asked how you met. If he/she says anything about a marriage broker then they must provide evidence that they were informed of the USC's criminal history regarding sex offences, violent crimes and more than 3 drug/alcohol convictions.

 

This is also what I found in regard to International Marriage Brokers:

 

REQUIREMENTS OF INTERNATIONAL MARRIAGE BROKERS

WITH RESPECT TO MANDATORY COLLECTION OF BACKGROUND

INFORMATION.—

 

(A) IN GENERAL.—

(i) SEARCH OF SEX OFFENDER PUBLIC REGISTRIES.—

Each international marriage broker shall search the

National Sex Offender Public Registry or State sex

offender public registry, as required under paragraph

(3)(A)(i).

(ii) COLLECTION OF BACKGROUND INFORMATION.—

Each international marriage broker shall also collect

the background information listed in subparagraph ( B )

about the United States client to whom the personal

contact information of a foreign national client would

be provided.

( B ) BACKGROUND INFORMATION.—The international

marriage broker shall collect a certification signed (in written,

electronic, or other form) by the United States client

accompanied by documentation or an attestation of the

following background information about the United States

client:

(i) Any temporary or permanent civil protection

order or restraining order issued against the United

States client.

(ii) Any Federal, State, or local arrest or conviction

of the United States client for homicide, murder, manslaughter,

assault, battery, domestic violence, rape,

sexual assault, abusive sexual contact, sexual exploitation,

incest, child abuse or neglect, torture, trafficking,

peonage, holding hostage, involuntary servitude,

slave trade, kidnapping, abduction, unlawful

criminal restraint, false imprisonment, or stalking.

(iii) Any Federal, State, or local arrest or conviction

of the United States client for—

(I) solely, principally, or incidentally engaging

in prostitution;

(II) a direct or indirect attempt to procure

prostitutes or persons for the purpose of prostitution;

or

(III) receiving, in whole or in part, of the proceeds

of prostitution.

(iv) Any Federal, State, or local arrest or conviction

of the United States client for offenses related to controlled

substances or alcohol.

(v) Marital history of the United States client,

including whether the client is currently married,

whether the client has previously been married and

how many times, how previous marriages of the client

were terminated and the date of termination, and

whether the client has previously sponsored an alien

to whom the client was engaged or married.

(vi) The ages of any of the United States client’s

children who are under the age of 18.

(vii) All States and countries in which the United

States client has resided since the client was 18 years

of age.

 

Now, all this applies if you went through a marriage broker. I don't see where it applies if you met any other way. In the definition of International marriage Broker I don't see how it applies to Yahoo personals or any of the other online dating services unless it is specifically geared to international dating.

Here is the law on that:

 

INTERNATIONAL MARRIAGE BROKER.—

(A) IN GENERAL.—The term ‘‘international marriage

broker’’ means a corporation, partnership, business, individual,

or other legal entity, whether or not organized

under any law of the United States, that charges fees

for providing dating, matrimonial, matchmaking services,

or social referrals between United States citizens or

nationals or aliens lawfully admitted to the United States

as permanent residents and foreign national clients by

providing personal contact information or otherwise facilitating

communication between individuals.

( B ) EXCEPTIONS.—Such term does not include—

(i) a traditional matchmaking organization of a

cultural or religious nature that operates on a nonprofit

basis and otherwise operates in compliance with the

laws of the countries in which it operates, including

the laws of the United States; or

(ii) an entity that provides dating services if its

principal business is not to provide international dating

services between United States citizens or United

States residents and foreign nationals and it charges

comparable rates and offers comparable services to

all individuals it serves regardless of the individual’s

gender or country of citizenship.

 

Notice the last paragraph. It lets the web dating services off the hook.

 

This is just my own interpretation of the law. I AM NOT A LAWYER!! But I think I managed to get my brain wrapped around it. Anyone that would like to modify or differ with my summery please feel free.

 

From what I can tell if you didn't meet through a broker then nothing should change. They should not send your petition back for more checks or cancel interviews unless you stated you met through a broker.

 

It seems that some of the embassies are overreacting. My guess is there are a lot of conference calls going on right now to get it straightened out. Just give it a little time and they will work it out.

[Guest ShaQuaNew]

Thanks for posting Dean.

 

Looks like the operative point here is whether or not an "international marriage broker" was used.

 

Brokers are firms that charge one or both parties a fee for introduction. Websites, like yahoo, match, etc., are NOT considered marriage brokers.

[Dean Hall]

From the same visa site, please delete if this is not to be done.

From Visa Journey.com

 

Got a very unpleasant phone call this morning from a chap at the US Embassy

in London. He told me that my interview on Monday, 15th May has been

cancelled because the USCIS has issued orders to recall all K1 petitions

that were approved (NOA2) on or after March 6th. This is because of the

International Marriage Broker Regulation Act. The Department of Homeland

Security want to run "further security checks" on all K1 cases approved

after March 6th.

 

So, what this seems to mean is that each affected case is being sent back

to the service centre which approved it. The original case worker will again

review the case and issue an approval. Everything will be forwarded back

to the London embassy who will re-issue an appointment, or continue their

processing of the case.

 

In my case, the medical I took last week will still be held as valid, along with

the visa application fee I've already paid, and the notarized affidavit of support

forms I got from my fiancee and her dad in April are valid for a year.

 

Apparently, 200 cases in London have been recalled, and this is a world-wide

recall. If you haven't already received and appointment date from your consulate,

the chances are you will not be told anything as your case is returned and

re-approved.

 

London are sending my case back to Nebraska today. Even though my fiancee

is female, we met each other at an astronomy conference (no marriage broker,

or friends and family involved), and neither of us have been married before,

our case must still be reviewed because the DHS cannot discriminate against

male US citizens. This is entirely a DHS screw up.

 

Although this sucks BIG TIME for all affected, it is particularly bad for us. Our

wedding is already organised for June 11th, and our baby daughter is due on

July 22nd. I had managed to get London to expedite processing of our case

because of the pregnancy, but it has all been a wasted effort. I've a one-way

ticket booked for Monday, May 22nd, so I'm going to book another return

ticket for August and still try to go. I'll be damned if the USCIS or DHS make me

miss my daughter's birth.

 

The word is that nobody knows how long these new security checks will take.

It could be two weeks, it could be two months, the guy at the embassy said

this is completely unprecendented and he couldn't give me even ball park

figures. I only hope the USCIS and DHS give priority to these few cases that

have been recalled because I'm sure a lot of people, not only me and my

fiancee, have been left in the lurch.

 

Once again, the US government has given the shaft to legitimate individuals

who play by the rules and jump through the hoops to become legal immigrants.

 

I'm absolutely heartbroken and disgusted

[Guest ShaQuaNew]

Once again, the US government has given the shaft to legitimate individuals

who play by the rules and jump through the hoops to become legal immigrants.

 

I'm absolutely heartbroken and disgusted

214323[/snapback]

It's VERY important to not overreact to this information. As of this moment, it is hearsay, and hearsay only. While the law was approved, it only may consider those who used an international marriage broker. Now, does this mean that the NVC will need to go back for each and every K1 case that was approved on or after March 6, 2006 to make that determination? It might, but for now, we just don't know.

 

There has been a noticable slowdown GUZ, and I saw that Frank posted a question in the GUZ speaks forum.

[Dean Hall]

Again from Visa Journey.com, delete if necesarry

 

More bad news, and I'll not post any more of these. People, just brace yourself for some more hard times. Sincerely hope I'm wrong ......

 

 

Today was an awful day, just 3 days before my fiances interview in Israel, He gets a call from the embassy in Tel Aviv and they say that they are sorry they have to cancel his interview. He asked why, they then gave a story about some new law as they put it that requires all fiance visas to go for an additional check of some sorts. Something didn't feel right, so I called them myself.

The lady picked up, saw in her computer that there was an interview date on May 16th, and the said, oh yes i see a note here that they called hin today. After putting me on hold for some time and talking to someone in charge I assume, she returns and says to me very quickly we are still processing his appplication and we are not ready to interview him. I ask in confusion what is the reason for this since we have already gotten the interview, she would povide me with no more assistance, she said it has nothing to do with me or my fiance and it has to do with their administrative side and then said the same thing to me as my fiance......we advise him to call in a month if he hears nothing from us. crying.gif

 

I dont buy the new law excuse, something is not right!!! wacko.gif It's not fare! we were 3 days away, and they just drop us like that helpsmilie.gif

 

I've been crying non-stop since then, and I have no clue as to whats really going on!!!

[MikeandRong]

USCIS Memo dated May 3, 2006.

 

http://www.uscis.gov/graphics/lawsregs/han...CrHst050306.pdf

[Mick]

Let me tell you my friends, this kind of crapola brings back a lot of bad memories. I pray none of you are about to get sucked into what some of us old timers did.