Met your K-1 fiance online through an IMB?
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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.
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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.
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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.
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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.
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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:
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- ✦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..
. - ✦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.
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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.
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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:
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- 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.
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- 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.
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- 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.
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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:
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- ✦ 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…”
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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?
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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?
. - ✦ Ask directly. You can email, call or contact them to find out directly if they’re an IMB providing matrimonial connections.
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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.
. - ✦ 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.
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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.
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Steps you should take
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- ✦ 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.
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If the IMB website didn’t use a consent form, then see below about the typical problems with IMB services.
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- ✦ 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.
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- ✦ 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…
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- ✦ 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.
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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.
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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.
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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:
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- ✦ 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?
. - ✦ 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.
. - ✦ 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?
. - ✦ 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?
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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)
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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.
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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.
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Where did you meet your fiance(e)? Was it an IMB?
let’s discuss in the comments below…
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I’ll ask customer service what their take on this is. IMB or Not IMB. TOS indicate they don’t dp background checks but do need a completed IMBRA form and lady has to approve thw formbefore contact information is given. I’ll look for a copy of approved document. Site is definetely not free.
Also, Id like information on CR1 VISA. I do know you have to be married in her country. It seems the burden of proof on certain “problems” with K1 are minimized with CR1
Should I mention about Tinder on RFE when I didn’t state that we met on Tinder when I first submit my I-129f?
Hi everyone,
I recently got an RFE for my K1 visa application and they were asking if I met my fiance through International Marriage Broker.
When I first submit our I-129F, we did not mentioned that we met on Tinder but we did attached Evidence of Relationship. And I was wonder if I should mentioned it now that we have met on Tinder along with cover letter, Tinder’s Terms of Service?
Please help ,me out. Appreciate it.
Who Should be presenting more evidence? Petitioner or the beneficiary? I am the beneficiary and i am the one who took all the screen shots of out call logs. Can i send them to my fiance(petitioner) to print and attach them to initial petition?
Is this an IMB? I have no idea. Mike
Hi can you advise me? Where can I download the IMBRA form? Do you have a link? thanks.
Hi Prem
Thanks so much. I have contacted the website admin and they responded with an email stating that it’s a dating site and not an IMBRA broker and they also attached a copy of the T&C for perusal. A page on the T&C states the service provider doesn’t screen it’s members for criminal background check. I have attached that particular page to my packet as an evidence along with a written statement and ready to mail it off. I’m a bit nervous but i’m very certain that your highly meticulous and professional approach is the solution, and i’m anticipating an approval. Thanks Prem
Also, concluding the letter of intent and circumstances of meeting, do we need to sign on the pages?
Hi Prem
I have been looking through your website and i must that i am very pleased with everything i have read so far.
My fiancee (Petitioner) had just received an RFE stating that the (beneficiary) should provide an evidence that he plans to marry within 90days. And also an information regarding the circumstances under which the petitioner and the beneficiary met to establish the relationship. So i presumed a letter of intent-to-marry will solve the first request and the I-129F question 54 will solve the second request. But here is my concern; we met online on; soulsingles.com and we had attached a screenshot of our very first conversation on the site with the I-129F packet but we did not state on the form that we through the service of an IMB because we didn’t understand what it really meant until now. Please advise on how to remedy this situation.
Hi,
I met my fiancee initially through the website “**” We both had profiles, she contacted me first, we wrote a few messages and then continued our daily communication through Viber, Skype, email, etc. I have already visited her in person on 4 different trips, in 3 countries, so there is no issue regarding ongoing and serious relationship. I have heard that some people receive RFE’s when they mention this website and others don’t. I proactively contacted ** and they sent me a letter explaining they are not an IMBR and their reasons. Is it sufficient to just attach this leter to my statement explaining circumstances of meeting? Should I mention in my statement that ** is not an IMB, or don’t mention it and just attach the letter I received from them?
What is the next step if USCIS determines this site is an IMB despite this letter? Thank you in advance for your response. I congratulate you on having such an informative and helpful website.
Hello Prem,
I am filling out the I-129. They require a copy of the signed authorization form that my fiancé provided for the contact information. I previously complied with the dating site request and was sent a notification that I had passed their background check. It does not include my fiancé’s signature. She says she never signed a paper, just gave her OK online. What do we do now? How can we comply with immigration when we have no document with her signature or authorization? Thank you for help and advice.
Shane
Hi again
my RFE was deny,:{ Im too sad but then they say was not clear the religious fact also they say I can look for other options but in my family values female no supposed visit or look for a man I not mention it it but then I don’t know what is next appeal or motion I not know what other they say I so confused I know I have to pay again but also an attorney I need ? I just too disappointed 🙁
Me and my fiancé met on a site named OkCupid. It doesn’t seem like an IMB since it’s free and it’s optional for us to get the A-list subscription which the price is all the same for everyone. I just want to make sure if it’s an IMB or not before we send out our packet. Thank you
Hi Prem K,
Just wanted to say thank you for all your articles regarding the k1 visa process, they have been very helpful. My fiance and I did the best we could putting our documents together. Our evidence of bona fide relationship was basically a few pictures of us with family at different locations, a few of our chat history, copies of plane tickets and passport stamps. We made sure not to over do anything at the same time giving enough evidence. The key word here is ‘enough’. Not too much and not too little.
Hello !
i need some informations about the K1-fiance visa’s process ; i heard that to apply for the k1 we need to be already engaged while me and my boyfriend didnt get engaged yet because he is a marine and he was always bussy with work and we didnt get the chance to get engaged but we want to apply for the K1 visa and get married once i will arrive in the USA .
what should we do in this case ; should we just write a letter to explain how the relationship is and fill it with the documents and other proofs ? i need advices please!
I recently got RFE on IMB, for meeting my fiance on shaadi.com
Is that IMB? how do i reply back. I read your blog and find it helpful, when i’ve sent couple of emails asking for a reply. but no help as of now from Shaadi.com.
what would be the best approach now? print Terms n conditions and send a letter how i used shaadi.com free signup to find my fiance and found her email on social meda and continued our relationship?
I receive a REQUEST OF EVIDENCE .they ask for my fiancée letter to intention marry,and the meeting in person but his religion prohibited ,the intention is after he be here in US then we marry.I not want lose him
Hi Prem, What about Facebook ?
Hi, I’m so torn. What if we met on Skout? I badly need your help Prem. Hoping to hear from you
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 !!!
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
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..
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!
Is the datesite Tau2.com an IMB?
They don’t respond to my emails so I don’t know what to think
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?
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!
Is this website considered an IMB? Its a paid service for international matchmaking.
Thank you.
What about Tinder? is Tinder problematic for doing this process?
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
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