Met your K-1 fiance online through an IMB?
There’s a good possibility that you met your foreign fiance online. If you struck a relationship with a K-1 fiance through an International Marriage broker (IMB), it requires compliance with certain IMBRA rules.
Simply connecting online doesn’t necessarily mean it was through an IMB. Specific criteria determine which websites or services are considered IMB and which aren’t. It’s the I-129F petitioner’s responsibility to figure this out and comply.
The regulations of the International Marriage Broker Regulation Act of 2005 (IMBRA) require the US citizen to demonstrate a potential IMB followed the rules. Add to the complexity the fact that the USCIS hasn’t been consistent with what it considers an IMB and for which services it’ll issue an RFE.
Part of form I-129F instructions
Form I-129F instructions (Part 2, Questions 55 to 61) ask if you began to contact your fiance with the help of an IMB. You must input the name, website, address and telephone number of the service. You must also provide a written and signed consent form showing that your foreign fiance knows of any criminal background.
It’s explained in the instructions a bit, but not to enough for someone to clearly understand. Look at this in the I-129F form.
So, what exactly is an IMB? And how do you make sure that you’re not denied because you didn’t comply with regulations? Let’s discuss the requirements and how to figure out whether your service is an IMB.
What is an IMB in fiance visas?
Let’s first understand this basic question: What is an IMB?
Under IMBRA laws, an International Marriage Broker (IMB) is any organization with both of these qualities:
✦Charges Fees. It’s a paid service which provides dating, matrimonial, matchmaking or social referral services between US citizens and foreigners. They may even charge different rates for men, women, age or other reasons.
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✦Their primary business is international dating, matrimony, matchmaking between Americans and foreigners. In addition, they may charge different rates for Americans versus others.
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It must fit both of these criteria to be designated an IMB.
In summary, an IMB charges money to specifically to connect Americans with foreign nationals (or vice versa). Family, friends, co-workers, religious leaders and other not-for-profit organizations don’t fall into these categories.
This is further explained in the I-129F instructions.
It’s meant to protect incoming k-1 visa immigrants from harmful petitioners. The other rules that IMBRA sets include certain criminal history, multiple filing, and honesty in IMB dealings.
What an IMB must do before allowing contact
The last section just explained what an IMB is. Now, let’s see what they must do to comply with the U.S. IMBRA rules.
When you sign up for an IMB website, they are supposed to prevent any contact until they made sure they know who you are. The following list are steps they must take before allowing you to connect with a foreigner:
Screen the US client. The IMB is responsible to perform basic public crime record searches. Then name checks across several databases. Then they compile a report of findings.
Inform the foreign national
(1) They must provide background information of the US citizen. Whether this means a crime record or other related history. This is to fully educate the foreign national who his/her potential suitor is.
(2) Literature from IMBRA informing the foreigner of the laws concerning their rights in the US. This is to shared so they’re not abused by the US citizen if they end up getting married.
Obtain a consent form
Your foreign fiance must review and accept your background information before beginning a conversation with you. This can be in “electronic signature” or an actual consent form.
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Now you see, it’s actually a lot of work for an IMB to facilitate communication. The problem is that the IMB industry is not heavily regulated. It’s typical for them not to follow all the rules.
This obviously presents problems for US petitioners who are under burden to prove they followed IMBRA protocols. Or else, they may get their I-129F petition rejected.
How do I know if I met through an IMB?
So, how do you find out if you met your fiance through an IMB website or service?
Follow the steps and you’ll realize it’s actually simple to figure this out. You want to compare how the company operates versus what qualifies as an IMB. Several of the steps you can take are here:
✦ Research the website. Check their Terms and Conditions, Terms of Service of the website. Review anything you agreed to prior to joining the website service. Many times, it will directly address and state “we are not an IMB because…”
Next, ask yourself: did you submit enough biographic information for a background check? Was the foreign fiance required to sign a consent form to authorize his/her details to you?.
example: Match.com terms and conditions state they don’t perform background checks
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✦ Compare their pricing. Since IMBs may charge separate fees for Americans and non-Americans, you should compare their pricing schedule. Do they offer the same service in different countries for lower prices? Do they even charge more for men versus women?
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✦ Ask directly. You can email, call or contact them to find out directly if they’re an IMB providing matrimonial connections.
Remember, even if they claim NOT to be an IMB, they may still be considered one by the USCIS. That means if they didn’t comply with IMBRA — it’s your duty to address that issue.
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✦ Evaluate their methods. Do they fit the following criteria: charges different fees for Americans, performed background checks, obtained consent form, etc.?
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If you met through an IMB, how do you comply with IMBRA?
The USCIS isn’t discouraging you from dating online. They simply want the petitioner to confirm that they meet IMBRA rules.
Again, you must verify (1) if you met through an IMB (2) if you met through an IMB, then that service performed background checks (3) the online dating service obtained a signed consent form the beneficiary after giving all required information.
The I-129F instructions read that if you respond “yes”, then give the proper details of the website/service. Then attach a copy of the consent form. Remember to have it translated if necessary.
Here’s how you provide details of how the matchmaking website follows proper regulations. Support your petition with proper documents to make sure you’re not rejected or issued an RFE.
Steps you should take
✦ Provide Consent form. In your I-129F petition package, you should include the required documents. First and foremost, attach the “consent form” from your K-1 fiance which authorized the release of his/her information to you. This can be a copy of an actual signed or electronically signed version.
If the IMB website didn’t use a consent form, then see below about the typical problems with IMB services.
✦ Provide IMB literature. Support your petition with literature, brochures, pamphlets, disclosures, terms and conditions, etc. Ideally, you want to show in writing how the IMB followed the correct procedures. For instance, in their Terms and Conditions, the IMB might disclose that they will perform a criminal search on the applicant.
✦ Fill out I-129F form. Go back to the website and get their details. Fill those into the I-129F form. This includes their phone number, website address, physical address, and more…
✦ Circumstances of Meeting. In the I-129F question about the “in person meeting”, you should explain and clarify your story. Be sure to write how you met online and through which website. This isn’t required. But, it’s a good way for you to explain the development of your story.
If the website/service is not an IMB
If you met online but not through an IMB, you must be very careful. The website may have the potential to be considered one by the USCIS. It’ll be your responsibility to prove it’s not before they question you.
It’s strange, even if you didn’t meet via an IMB, you should support your claim. Send supporting documents that the website you used isn’t an IMB. Before the USCIS has a chance to suspect it is. Otherwise, you might see a Request For Evidence (RFE) for more evidence. Or possibly even rejection of your I-129F.
Request For Evidence (RFE) for IMBs
Sometimes USCIS is unaware of a service is an IMB or not. They may ask for IMB proof through an RFE.
In order to avoid delays from RFE, You must draft up a response and submit good evidence that the website/service doesn’t qualify as an IMB and therefore doesn’t need to follow IMBRA protocols.
You may include a copy of the Website’s response confirming or denying their status as an IMB.
Typical problems with IMB compliance
There may be a couple of problems when you work on the IMB issue. Here a list of common problems:
✦ Website doesn’t confirm/deny IMB status. Sometimes the website, service doesn’t have anything written on their website about IMB. They won’t even respond to your inquiry. How do you confirm one way or another? What if they don’t respond?
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✦ Website claims NOT to be an IMB even though it probably is. What do you do in the situation where it claims not to be an IMB, but from its operations and procedures, it looks like it is? The burden of proof is still on couple to show compliance with IMBRA.
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✦ Website is an IMB but doesn’t follow the IMBRA regulations. How can you still comply with IMBRA requirements if the IMB did not follow the regulations? Can you simply explain the circumstances to the USCIS?
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✦ USCIS seems to inconsistent with IMB requirements. Some applicants get an RFE for the same website that others will not. How can you be sure your website won’t be sent an RFE due to USCIS’s inconsistency?
Are these Popular websites an IMB?
Facebook: IMB Status: NO (or any other Free Social Media platforms — such as Twitter, Instagram, etc.). The service is free and is not primarily intended for matchmaking, social referrals or matrimonial.
Match.com IMB status: NO. Although they have recently began to operate internationally, Match.com provides similar rates for Americans and non-Americans. In addition, their primary business is NOT geared toward introducing Americans with foreigners. It was intended mainly as a domestic service. This is similar to Eharmony.com
FilipinoCupid.com. IMB status: NO. Read their entire TOS (see image below)
Email: IMB status: NO. It is a free service and no “broker” is facilitating the deal.
Yahoo Personals. IMB Status: NO. It’s a free service therefore it’s not eligible.
Tips for IMBRA compliance
✦ Meeting through family, friends, relatives or in community doesn’t qualify as an IMB for the I-129F petition.
✦ Only websites/services that qualify under IMBRA as an IMB must meet compliance. If the website/service is not an IMB, then it’s your responsibility to prove to the USCIS that it’s not. Provide supporting documents.
✦ Be proactive and send in supporting evidence with your I-129f petition packet. Don’t wait for an RFE to verify that the website/service is not an IMB.
Where did you meet your fiance(e)? Was it an IMB?
let’s discuss in the comments below…
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Recent Comments from readers…
Hi Prem,
Your https://www.visatutor.com is sooooo great ! Can you help me some question
Is internationalcupid .com an IMB? If not, how do I prove it? If yes, what I need to do continue ?
My Fiancee is an American, and me is a Vietnamese. We met in internationalcupid from Nov 20th 2017. After 2 weeks, we close our account, and now internationalcupid deleted all our messages because so long time.
So how do I show for the USCIS about we met in this webside ?
Love to hear from you !!!
Thankyou so much !!!
Hello there
International cupid seems to be a parent company of filipinocupid (the example I’ve written about in this article). Therefore, to me it’s not an IMB. However, you ought to be sure and follow the steps in this article to support your petition so you don’t get an RFE.
-Prem
Hi prem,
You are doing a great job here bro…..we have already filed for i129f for 4month now and i just read through your article about IMB in which we called the web(Africanlove) me and my fiancce hook up with and we were told is not IMB.we never send any proof to uscis we just mentioned is not IMB…WE NEVER KNOW WE NEED TO DO THAT UNTIL NOW……..I hope this will not cause us RFE?
Thks
Hello Olajide,
Many RFEs are issued for missing IMB information and disclosure. I’m not sure if your adjudicator is familiar with your IMB website or not. Most likely not and may issue an RFE requesting that IMBRA requirements were fulfilled. You can be proactive and gather up the evidence that you need to support your IMB situation right now so you don’t waste more time when you get the RFE.
-Prem
ok thanks.. we did’nt include the terms and service of the site in the packet. We are waiting now for the response of uscis. 5 months and still counting…… i hope no RFE even we did’nt put it..
Hey Marie,
Hopefully what you sent was enough. If not, you will have to supply extra info later on. 5 months, huh? Hang on, approval is just around the corner.
-Prem
hi can u explain to me the IMB and IMBRA. if the filipinocupid is not IMB is there any problem for that? if it is IMB is there any problem?? because i cant totaly understand why needs to give the terms of service. what is the reason?
Hello Marie,
I’ve just checked for you. The terms of use for that particular website clearly says that they’re not an IMB nor are they under the obligation to provide that kind of information. Have you checked the terms of use # 3?
You can print that part out and submit it along with your I-129F
-Prem
Hello!
Is the datesite Tau2.com an IMB?
They don’t respond to my emails so I don’t know what to think
Hello Mariia,
as you’ve read from this article, an IMB charges money for connecting members. As far as I’ve seen there, it’s free for members to sign up and connect. You can use that verbiage on the website so support your case. Print it out and attach it to show it’s not an IMB
-Prem
Met on filipinocupid.com. Terms of use says that it is not an IMB but they “operate” like an IMB by providing an IMBRA tab to fill out in your profile. My intended received has to electronically consent before speaking with me and was able to view that my name was searched against the National Sex Offender Public Registry (NSOPR) and no record was found.
It also states on the consent form that “In 2005 the US Congress passed legislation that requires some online dating companies to collect information regarding the criminal and marital history of US citizens or residents who will communicate with foreign nationals. For more information please read this IMBRA pamphlet (english). Also available in Tagalog.”
The mere fact that the site doesn’t broker or guarantee marriage seems to assure its not an IMB but the IMBRA tab and following of consent before you talk to someone is confusing. The terms of service say that it is not an IMB. Anyone run into any issues with submitting for i-129f when meeting on filipinocupid and checking NO for imb?
Hey Kenneth,
For most websites, they don’t qualify as an IMB, however, it’s up to the US petitioner to prove it. Now, this website has in its terms/conditions that they operate like an IMB but technically they aren’t. To me, that’s enough proof that YOU (the US petitioner) have done as much as you can do disclose your background information the the beneficiary. I would provide this TOC/S printout within the packet and write a quick statement to explain the situation — just like how you’ve done here.
If anyone else reading this has a different experience, please let us know.
-Prem
hi Prem!
So it’s safe to say that Eharmony.com isn’t an IMB website? Should I just print out it’s Terms and Conditions as well as the Privacy Policy to be sure?
thank you!
Hey Gent,
to me it sounds like EHarmony is not an IMB. You will want to scan through their terms/conditions to verify. Perhaps even drop them an email just to be sure and get a confirmation.
-Prem
Is this website considered an IMB? Its a paid service for international matchmaking.
Thank you.
Hello leo,
I checked on the website. It doesn’t seem to be an IMB according to IMBRA rules. However, If I were you, I’d write to their customer support email address and ask definitely if they are or not. Then place that response in your petition packet.
-Prem
What about Tinder? is Tinder problematic for doing this process?
Hey Daniela,
Tinder is a free-to-use program. Simply from that fact alone, it’s not qualified to be an IMB. Although, it’s a good idea to disclose that you met on Tinder, it’s also important for you to inform the USCIS in writing that Tinder is NOT and IMB. I suggest you write that in a statement, sign and date. Include some screenshots of the terms which say it’s free to use. That should be good supporting proof. Let me know if you need further clarifications.
-Prem
What would you title this statement? Would you include it separate from the 54 Explanation of Meeting?
Tinder doesn’t include anywhere in their Terms of Use that it’s a “free” service anymore, so I’m a bit worried about how to provide this proof.
Thanks!
Amy
Hello Amy,
I would title it “IMB status of [website]”. Then refer to this as “Page 8, Part 2, item 55 – 61”. Similar to how you write something in Part 8 additional information.
If your app doesn’t show the T&C that it’s free, you can show screenshots of the free signup process.
-Prem
Is okcupid.com an Imb ? We have requested for their clarification but no reply what do we do ? The uscis has sent an rfe for letter of consent which we do not have guide us pls
Hello Wisdom,
Okcupid is a popular website for matchmaking but it’s not an IMB. If you met your k-1 fiance through okcupid, then you can submit proof that it doesn’t need to comply with IMBRA. I’ve gone ahead and checked their terms and conditions, I see in their page that their service is totally free. That feature alone disqualifies them from the IMB category. You can use a screenshot of their terms and conditions to prove your point in the RFE. For further help, you can email me.
Thanks very much we have sent an email to okcupid about that and thankfully they replied confirming what you just said that they are not an IMB we have sent the reply back to the uscis including screenshots of their terms , we Will be prayerfully be waiting for the outcome ,hoping to share with u soon thanks .
Wisdom,
that’s great. It looks like you have solid proof to support your non-IMB website evidence. Keep in touch and let us know how the case develops!
I will definately keep in touch ,thanks
Thanks friends thanks for the insight given on this platform after sending our rfe package as I mentioned earlier our petition has been approved now am looking fowared for the interview appointment. I really appreciate the information I got here thank u all and I need your prayers and advice per the process after the petition has been approved as per documentation needed and tips on the interview
Thanks every one as said earlier am here to share with u that our petition has been approved by the uscis after sending our response to the rfe request thanks everyone for the insight given me am hoping to schedule an interview soon keep me in your prayers till the end I need advice on documents need for the interview and tips during the interview thanks all God bless u
Great News. We hope you’ll be successful and with your fiance soon! Keep in touch and let us know of the developments
-Prem
Is lespark APP an IMB? If not, how do I prove it? They didn’t respond to me when I asked them. Their terms of condition doesn’t say about IMBRA
Hi Crissy,
the App that you mentioned is free to join, use and connect. Therefore, it does not qualify as an IMB. If they do not respond to your inquiry, you can take a screenshot of their website which shows reference to it’s free system, chatting and video calls. That should do the trick! If you need further help, let me know…
-Prem