What exactly is an International Marriage Broker (IMB)? According to the Department of Homeland Security the term IMB means, "a corporation, partnership, business, business individual, 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 a United States citizen or nationals or aliens lawfully admitted to the United States as lawful permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals."

We have many clients who have found love over the internet through a fee paying chat room and various types of online dating agencies. It is surprisingly common now.

Until now, when a US Citizen wanted to bring his or her fiancé(e) or spouse to the US all the scrutiny was made against the alien. All the US Citizen had to prove was that he or she was eligible to marry and had sufficient net wealth to prevent the alien from becoming a welfare case. Under this new law the US Citizen's criminal past, if any, will also be scrutinized, before any petition file can be approved.

In principle this procedure makes sense, since the US citizen could have a violent criminal past that the alien would have no idea about, (and vice versa), and would not know about unless they acted with all due diligence to make such enquiries themselves. Isn't love blind?

The Department of Homeland Security (DHS) was given 60 days to begin asking K-1 fiancé(e) petitioners for their criminal background information. Although DHS missed the deadline action is now being taking.

DHS will now issue "Requests For Evidence" (RFE) for more than 10,000, Alien Fiancé(e) Petitions. In fact, this office received it's first one today. 

DHS has now had to recall 1,100 previously approved petitions in order for these cases to be re-considered under IMBRA.

All fiancé petitions filed on or after March 6, 2006, must be supplemented with additional information. DHS will use an RFE template that has been approved and cleared for use asking for the petitioner's information pertaining to their 'criminal' history, if any. Under IMBRA any criminal convictions discovered will be disclosed to the alien for their consideration also.

DHS have published a revised Form I-129F (Form used when preparing these cases).

Chris M. Ingram, ESQ.

[ECI]