IMBRA Please Help

[Stephen]

A link to yahoo news on it:

 

http://news.yahoo.com/s/ap/20060613/ap_on_.../wedding_delays

[frank1538]

Here's the actual text:

 

Washington, DC ¨C U.S. Citizenship and Immigration Services (USCIS) announced today that in order to comply with provisions of the International Marriage Brokers Regulation Act of 2005 (IMBRA), it will need to issue ¡°Requests for Evidence¡± for more than 10,000 Alien Fianc¨¦(e) Petitions (Form I-129F) currently being held at USCIS Service Centers. USCIS will begin issuing RFEs to affected petitioners as soon as the RFE template has been approved and cleared by the Office of Management and Budget (OMB).

 

Although USCIS began work on necessary revisions to the Form I-129F shortly after passage of IMBRA, the form has not yet received OMB clearance. All petitions filed on or after March 6 must be supplemented with additional information to satisfy the new evidentiary requirements established by IMBRA. To adjudicate the petitions that are being held as quickly and efficiently as possible, USCIS, upon clearance from OMB, will issue ¡°Requests for Evidence¡± (RFEs) asking petitioners to provide the additional information including data pertaining to a petitioner¡¯s criminal history (if any). Details on the waiver process for those affected by the new limitation for filings of I-129Fs are also provided in the RFE. A new Form I-129F that incorporates these changes should become available later in June. In certain circumstances, USCIS may need to issue a second RFE to some petitioners later in the process if it is determined that other required information was not provided in the initial filing.

 

The Violence Against Women Act (VAWA) and Department of Justice Reauthorization Act of 2005, of which IMBRA is a part, are designed to continue Congress¡¯s efforts to prevent domestic violence and spousal abuse. Immigrants who have been victims of domestic violence have long benefited from VAWA immigration provisions, which allow abused spouses and children to self-petition for lawful immigration status. Under IMBRA, Congress has further extended those protections by regulating more closely the international marriage broker market and by requiring disclosure of violent criminal history, such as domestic abuse, rape, or murder, of which a fianc¨¦(e) may be unaware.

 

NOTE TO ALL. This was the original version that was revised. The revised version is now at the old link: http://www.uscis.gov/graphics/publicaffair...ra_061306pn.pdf

Edited June 14, 2006 by frank1538 (see edit history)

[ellis-island]

The way it's written isn't entirely clear. But I think the RFE template has been approved and USCIS will immediately begin sending them out. Two things need to be approved by OMB. (1). The template for the RFE (request for evidence) and (2) the new I-129F form. The template, as I read it, has been cleared.

Edited June 14, 2006 by ellis-island (see edit history)

[frank1538]

I do hope my fear of a new black hole does not come true. Even though we may not have a lot of Candle members impacted by this, there are a lot of Chinese visas that aren't with Candle. Here's my rationale:

 

10,000 RFEs by the service centers. That is going to hold up a lot of K-1s and create a backlog. When they finally clear, they will hit NVC. Again in GZ. There may be a bit of benefit for other visa types, but when the K-1 backlog hits each of these stress points, the other types will take a back seat.

 

The only constant in this business is that change happens. When change happens, backlogs are created and the overall process is usually longer after the backlog is cleared.

 

Maybe I'm just jaded by being around the visa merry-go-round for so long?

223952[/snapback]

I share your concerns.

 

One piece of idle speculation regarding the K-3 petitions' not being recalled from the consulates while the K-1s were recalled is that, rather than create an additional backlog, DOS would just let them languish at the consulates. The I-130s would get there faster than returning the K-3 petitions for additional inquiry.

 

I'd be interested in seeing how many post 3/06 K-3 petitions continue processing.

[king]

I don’t know if it’s IMBRA or just normal Government incompetence but… those of us who have receipt dates post 3/6 are going nowhere. I called my Congressman’s Immigration aide today. I said I was I amazed at the incompentcy of the government. I mentioned the VA scandal and uscis in particular. She agreed. I told her that the uscis knew months before about the ramifications of this act. I said my application was approaching 100 days and had not been touched. I told her the uscis website had not been updated for almost a month. She agreed that it was a disaster.  Please call you representative/ senator and complain!! 

 

  I know there is only a few here that this act of incompetence is affecting. But, we got to do something. For what it’s worth I’m also writing a letter here:  I’ll post it later and you can copy mine or write your own but Please do something!  If anyone has and suggestions who else to call or write…. Let me know.  Thanks

 

Case problems result when USCIS customers, despite repeated inquiries with USCIS, have been unable to obtain a resolution to issues in their pending application or petition filed with USCIS.

 

If you have an ongoing or immediate issue with the USCIS, contact the CIS Ombudsman if:

• You are facing, or are about to face, an immediate adverse action or impact, an emergency, or any other type of significant hardship, which is caused by an action/inaction/delay in processing by the USCIS, or a problem, which could not be resolved through the normal processes provided for by USCIS;

• Your case experienced processing delays beyond anticipated processing times;

• You will incur, or are about to incur, significant, and unusual costs (including fees for professional representation that are not normally incurred);

• Have not received a response or resolution within the anticipated time frames as published by the USCIS

Via regular mail:

Citizenship and Immigration Services Ombudsman

ATTN:  Case Problems

United States Department of Homeland Security

Mail Stop 1225

Washington, D.C. 20528-1225

 

Via courier service:

Citizenship and Immigration Services Ombudsman

ATTN:  Case Problems

United States Department of Homeland Security

245 Murray Lane

Mail Stop 1225

Washington, D.C. 20528-1225

223651[/snapback]

On the subject of IMBRA in general, I recommend to all who have filed for marriage or fiancee visas on or after 3/6/06 read the law. It is quite specific about who/what an international marriage broker is. Your situation may not be covered that law, thus you would not need to file the information that law requires.

 

Based on Stephen's information, I would say, if he was introduced by a mutual friend for no fee, IMBRA does not apply.

 

I will try to check with GUZ to see what impact GUZ might predict on the RFE request.

[RLS]

I don’t know if it’s IMBRA or just normal Government incompetence but… those of us who have receipt dates post 3/6 are going nowhere. I called my Congressman’s Immigration aide today. I said I was I amazed at the incompentcy of the government. I mentioned the VA scandal and uscis in particular. She agreed. I told her that the uscis knew months before about the ramifications of this act. I said my application was approaching 100 days and had not been touched. I told her the uscis website had not been updated for almost a month. She agreed that it was a disaster.  Please call you representative/ senator and complain!! 

 

  I know there is only a few here that this act of incompetence is affecting. But, we got to do something. For what it’s worth I’m also writing a letter here:  I’ll post it later and you can copy mine or write your own but Please do something!  If anyone has and suggestions who else to call or write…. Let me know.  Thanks

 

Case problems result when USCIS customers, despite repeated inquiries with USCIS, have been unable to obtain a resolution to issues in their pending application or petition filed with USCIS.

 

If you have an ongoing or immediate issue with the USCIS, contact the CIS Ombudsman if:

• You are facing, or are about to face, an immediate adverse action or impact, an emergency, or any other type of significant hardship, which is caused by an action/inaction/delay in processing by the USCIS, or a problem, which could not be resolved through the normal processes provided for by USCIS;

• Your case experienced processing delays beyond anticipated processing times;

• You will incur, or are about to incur, significant, and unusual costs (including fees for professional representation that are not normally incurred);

• Have not received a response or resolution within the anticipated time frames as published by the USCIS

Via regular mail:

Citizenship and Immigration Services Ombudsman

ATTN:  Case Problems

United States Department of Homeland Security

Mail Stop 1225

Washington, D.C. 20528-1225

 

Via courier service:

Citizenship and Immigration Services Ombudsman

ATTN:  Case Problems

United States Department of Homeland Security

245 Murray Lane

Mail Stop 1225

Washington, D.C. 20528-1225

223651[/snapback]

On the subject of IMBRA in general, I recommend to all who have filed for marriage or fiancee visas on or after 3/6/06 read the law. It is quite specific about who/what an international marriage broker is. Your situation may not be covered that law, thus you would not need to file the information that law requires.

 

Based on Stephen's information, I would say, if he was introduced by a mutual friend for no fee, IMBRA does not apply.

 

I will try to check with GUZ to see what impact GUZ might predict on the RFE request.

224013[/snapback]

Mr King, I think there are still several readings on what a marriage broker really is. Some say that a website like AsiaEuro is "not" a marriage broker. What is your opinion?

[king]

I don’t know if it’s IMBRA or just normal Government incompetence but… those of us who have receipt dates post 3/6 are going nowhere. I called my Congressman’s Immigration aide today. I said I was I amazed at the incompentcy of the government. I mentioned the VA scandal and uscis in particular. She agreed. I told her that the uscis knew months before about the ramifications of this act. I said my application was approaching 100 days and had not been touched. I told her the uscis website had not been updated for almost a month. She agreed that it was a disaster.  Please call you representative/ senator and complain!! 

 

  I know there is only a few here that this act of incompetence is affecting. But, we got to do something. For what it’s worth I’m also writing a letter here:  I’ll post it later and you can copy mine or write your own but Please do something!  If anyone has and suggestions who else to call or write…. Let me know.   Thanks

 

Case problems result when USCIS customers, despite repeated inquiries with USCIS, have been unable to obtain a resolution to issues in their pending application or petition filed with USCIS.

 

If you have an ongoing or immediate issue with the USCIS, contact the CIS Ombudsman if:

• You are facing, or are about to face, an immediate adverse action or impact, an emergency, or any other type of significant hardship, which is caused by an action/inaction/delay in processing by the USCIS, or a problem, which could not be resolved through the normal processes provided for by USCIS;

• Your case experienced processing delays beyond anticipated processing times;

• You will incur, or are about to incur, significant, and unusual costs (including fees for professional representation that are not normally incurred);

• Have not received a response or resolution within the anticipated time frames as published by the USCIS

Via regular mail:

Citizenship and Immigration Services Ombudsman

ATTN:  Case Problems

United States Department of Homeland Security

Mail Stop 1225

Washington, D.C. 20528-1225

 

Via courier service:

Citizenship and Immigration Services Ombudsman

ATTN:  Case Problems

United States Department of Homeland Security

245 Murray Lane

Mail Stop 1225

Washington, D.C. 20528-1225

223651[/snapback]

On the subject of IMBRA in general, I recommend to all who have filed for marriage or fiancee visas on or after 3/6/06 read the law. It is quite specific about who/what an international marriage broker is. Your situation may not be covered that law, thus you would not need to file the information that law requires.

 

Based on Stephen's information, I would say, if he was introduced by a mutual friend for no fee, IMBRA does not apply.

 

I will try to check with GUZ to see what impact GUZ might predict on the RFE request.

224013[/snapback]

Mr King, I think there are still several readings on what a marriage broker really is. Some say that a website like AsiaEuro is "not" a marriage broker. What is your opinion?

224023[/snapback]

Just "King" is alright.

 

Sorry I have not evaluated any of the sites that are available to get US men and foreign women together.

 

In an excess of caution if I were advising a client I would tell him to give the information requested on the new I-129F, unless he says he does not want to. Then I would thoroughly check out the website he used to determine in my opinion if it was an international marriage broker.

[david_dawei]

I don’t know if it’s IMBRA or just normal Government incompetence but?those of us who have receipt dates post 3/6 are going nowhere. I called my Congressman’s Immigration aide today. I said I was I amazed at the incompentcy of the government. I mentioned the VA scandal and uscis in particular. She agreed. I told her that the uscis knew months before about the ramifications of this act. I said my application was approaching 100 days and had not been touched. I told her the uscis website had not been updated for almost a month. She agreed that it was a disaster.?Please call you representative/ senator and complain!!?

 

?I know there is only a few here that this act of incompetence is affecting. But, we got to do something. For what it’s worth I’m also writing a letter here:?I’ll post it later and you can copy mine or write your own but Please do something!?If anyone has and suggestions who else to call or write? Let me know.?nbsp; Thanks

 

Case problems result when USCIS customers, despite repeated inquiries with USCIS, have been unable to obtain a resolution to issues in their pending application or petition filed with USCIS.

 

If you have an ongoing or immediate issue with the USCIS, contact the CIS Ombudsman if:

?You are facing, or are about to face, an immediate adverse action or impact, an emergency, or any other type of significant hardship, which is caused by an action/inaction/delay in processing by the USCIS, or a problem, which could not be resolved through the normal processes provided for by USCIS;

?Your case experienced processing delays beyond anticipated processing times;

?You will incur, or are about to incur, significant, and unusual costs (including fees for professional representation that are not normally incurred);

?Have not received a response or resolution within the anticipated time frames as published by the USCIS

Via regular mail:

Citizenship and Immigration Services Ombudsman

ATTN:?Case Problems

United States Department of Homeland Security

Mail Stop 1225

Washington, D.C. 20528-1225

 

Via courier service:

Citizenship and Immigration Services Ombudsman

ATTN:?Case Problems

United States Department of Homeland Security

245 Murray Lane

Mail Stop 1225

Washington, D.C. 20528-1225

223651[/snapback]

On the subject of IMBRA in general, I recommend to all who have filed for marriage or fiancee visas on or after 3/6/06 read the law. It is quite specific about who/what an international marriage broker is. Your situation may not be covered that law, thus you would not need to file the information that law requires.

 

Based on Stephen's information, I would say, if he was introduced by a mutual friend for no fee, IMBRA does not apply.

 

I will try to check with GUZ to see what impact GUZ might predict on the RFE request.

224013[/snapback]

Mr King, I think there are still several readings on what a marriage broker really is. Some say that a website like AsiaEuro is "not" a marriage broker. What is your opinion?

224023[/snapback]

Just "King" is alright.

 

Sorry I have not evaluated any of the sites that are available to get US men and foreign women together.

 

In an excess of caution if I were advising a client I would tell him to give the information requested on the new I-129F, unless he says he does not want to. Then I would thoroughly check out the website he used to determine in my opinion if it was an international marriage broker.

224521[/snapback]

How does one really check out a site?

 

ONe can simply ask the site about their operating procedures in regards to the IMBRA.... are they setup to do database searches as an IMB is required to do?

 

I would think that site thinking they are an IMB have set in place these necessary steps.. If they don't consider themselves one, what evidence is the average joe going to produce to prove them wrong?

 

Certainly, if a site violates the conditions, this isn't a DHS issue.. probably more judical. But not sure if DHS is going to question a form which says "NO IMB used".. will they be going by a 'blacklist' of sites?

 

This is a very confusing issue for sure...

 

 

My thinking is that one should start with the site... If they are advertising themselves as one way or the other. If they are giving unclear answers like "you decide", then I would maybe call USCIS for clarification on sites.. ask if a site should know by now or not. Site compliance was the same date as DHS compliance (I thought)...

Edited June 16, 2006 by DavidZixuan (see edit history)