K1 IMBRA
Reuniting Couples Since 2003
International Marriage Broker Regulation Act
What is IMBRA
how does it affect me?
International Marriage Broker Regulation Act of 2005
What is IMBRA International Marriage Broker Regulation Act Affects K1 Petitioners of the United States.
Adam Walsh – The Adam Walsh Child Protection and Safety Act(“Act”) is a U.S. federal statute enacted to protect the public, especially children, from violent sex offenders, by implementing a more comprehensive, nationalized system for registration of sex offenders.
The Walsh Act was signed into law in 2006. Jurisdiction: United States
IMBRA – Memorandum (Read..)
The International Marriage Broker Regulation Act of 2005, or IMBRA, codified at 8 U.S.C. § 1375a, is a United States federal statute that requires background checks for all marriage visa sponsors and limits serial visa applications.
In 2006, the President signed the Violence Against Women Act (VAWA) into law. Within VAWA contained the International Marriage Broker Regulation Act (IMBRA) which sought to protect foreign nationals from U.S. citizen petitioners who have a criminal history or who have filed petitions for multiple fiancés in the past.
IMBRA forces a petitioner for any K nonimmigrant visa for an alien fiancé (K-1) or alien spouse (K-3) to submit information on certain criminal convictions in their past. Convictions of the crimes or attempting to commit the following crimes must be disclosed:
What is IMBRA
IMBRA Offenses:
• Domestic Violence
• Homicide
• Torture
• Kidnapping
• Sexual Assault
• Murder
• Trafficking
• Abduction
• Child Abuse
• Manslaughter
• Peonage
• Unlawful Restraint Child Neglect
• Rape
• Holding Hostage
• False Imprisonment
• Dating Violence
• Abusive Contact
• Involuntary Elder Abuse
• Sexual Exploitation
• Servitude
• Stalking
• Incest
• Slave Trade
• Crimes relating to Controlled Substances or Alcohol
What is IMBRA
How to Avoid RFE:
For any of the above crimes, the petitioner is required to submit certified copies of all court and police records disclosing the charges and court disposition for each crime even if the petitioner’s records were sealed or cleared.
If the petition is approved, all of the criminal background information submitted by the petitioner, related criminal conviction, and the USCIS criminal background check will be disclosed to the fiancee during the consular interview. Avoiding RFE
In addition, IMBRA imposes a limit on the number of K-1 petitions a petitioner can a file.
The petitioner is limited to a lifetime filing of two K-1 visa petitions and may not have had a K-1 visa petition approved within the two years prior to the filing the current petition.
The filing limits do not apply to petitioners filing for an alien spouse (K-3).
What is IMBRA
If you’re not sure about IMBRA then you really need some consulting.
In order to avoid RFE Request for Evidence or “Rejection Notices” right from the get go..
We highly recommend that you get a consultation to better understand whether or not you’re I-129F petition or I-130 application requires more proof about IMBRA Criminal Convictions, or Multiple filing and even IMBRA websites?
What is IMBRA
Rejected or Denied:
One of the number one reasons so many I-129F Petitions get rejected or denied every year is because petitioners didn’t know about IMBRA?
Not everyone has to worry about IMBRA however some petitioners just aren’t going to be able to file without problems?
Some petitioners don’t stand a chance no matter how much evidence of supporting documents you submit to USCIS it just isn’t going to happen!
For some it’s better off to marry your fiance and either live with him or her for as long as you can or make several trips to be with them until a period of 2 years goes by so at least then you could file for the IR1 Immediate Relative Visa which “May” possibly help those with IMBRA Criminal Convictions?
The truth is, IMBRA can be unforgiving to US petitioners depending on the severity of the crime or crimes?
What is IMBRA