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IMBRA (International Marriage Broker Regulation Act of 2005) has become law. It was passed as part of the Re-Authorization of Violence Against Women Act (VAWA) and Justice Dept. Appropriation, this weekend by Congress, working feverishly before the Holiday recess, after a House/Senate deal.

Senate passed it on Voice Vote 12/16/2005, House passed it on Voice Vote 12/17/2005. The law is expected to be signed by the President shortly and given a Public Law number and published in the Federal Register.

Here is Fox News' report on the House/Senate deal and passage of Violence Against Women Act (VAWA) renewal.
(IMBRA was part of the House-Senate deal and passage of VAWA renewal):
http://www.foxnews.com/story/0,2933,179001,00.html

READ THE IMBRA LAW HERE:
Go to: http://thomas.loc.gov
Type in HR 3402,
and click the EAS version.

Go to Title VIII, Subtitle D, "International Marriage Broker Regulation Act of 2005".

HIGHLIGHTS OF THE NEW LAW:
1. New I-129F Fiancee Visa petitions will require the petitioner to provide information on his criminal arrests and convictions for specified crimes, such as domestic violence, sexual offenses, child abuse, stalking, dating violence, human trafficking, slave trade, etc. as well as other felonies such as homicide, rape, kidnapping, violent offenses, etc.

2. Some petitioners will need to wait before they can successfully file for fiancee visa.
For example, IF you filed 2 or more fiancee visa petitions in the past, AND at least one of them was approved, you MUST wait 2 years from the filing date of the last approved petition to successfully file for a new fiancee visa petition.

3. Fiancee and Spousal Visa petition database. DHS will create and maintain a petition database to track multiple visa petitions filed by petitioners, and will notify the petitioner who has been approved for his second petition that his information will be stored in the database.

THE ABOVE PARTS ARE TO GO INTO EFFECT 60 DAYS AFTER ENACTMENT (SIGNATURE BY PRESIDENT)

4. Domestic Violence and Other Information Pamphlet/Brochure, to be developed by DHS and available in 14 foreign languages, and revised every 2 years. The pamphlet will provide information on the K-1 visa process, adjustment of status, conditional residency, marriage and visa fraud penalties, domestic violence abuse rights and where and how to get help, a warning that U.S. citizens with domestic violence and criminal backgrounds can still petition for visas, a notification to the visa applicant that the International Marriage Broker must provide her with background information on each U.S. citizen client, etc.

5. Distribution: The pamphlet will be mailed to the visa applicant as part of her Embassy package. It will also be available at the Consular posts, and on the Embassy websites, State Dept. website and DHS website.

6. Consular Interview: The pamphlet will also be distributed in the applicant's language by the Consular Officer at interview who will answer any questions. The officer will also provide the applicant with: copy of the fiancee visa petition, information and documents on petitioner's past marital and divorce history, past domestic violence and criminal history, and past visa petition history. The officer will also specifically ask the visa applicant if the relationship was facilitated by a International Marriage Broker (IMB), and confirm that the IMB provided her with background information and documents about the petitioner.

DEADLINE: THE PAMPHLET MUST BE COMPLETED AND AVAILABLE 120 DAYS AFTER ENACTMENT (SIGNATURE BY PRESIDENT)

7. REGULATION OF INTERNATIONAL MARRIAGE BROKERS (IMBs)
(The law appears to make this part effective immediately on enactment.)

*IMBs cannot provide any contact information of a foreign national lady under 18 years of age.

*Mandatory Collection of Background Information of U.S. clients
IMBs must search Sex Offender Public Registries (federal and state) for the U.S. client
IMBs must obtain a signed certification (written or electronic) with documentation or attestation regarding the U.S. client's past domestic violence and court restraining orders, criminal background, including felonies and prostitution offenses, past marital and divorce history, past visa petition history, ages of any children under 18 of the U.S. client, all state and countries where the U.S. client lived since age 18.
IMBs, before releasing the personal contact information of the foreign national lady to a specific U.S. client, must provide her with all background information and documents of that U.S. client in her language. IMBs must also obtain a signed written consent from her to release her contact information.

END OF HIGHLIGHTS

Welcome to a brave new world.

PS: Yes, I know that there are many legal questions about this law, potential constitutional challenges, amendments, etc. For now, the law is so new, that most people are just absorbing and assessing the full scope of these provisions. Some people think that this law just hurts the IMBs and the "bad guy" petitioners, but the impact is probably greater than that.
Regards,
GB

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

"Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself."

"No man's life, liberty, or property are safe while the legislature is in session."

Mark Twain (1835-1910)

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

[This message has been edited by stefang]

http://www.msnbc.msn.com/id/10479896/

Read closely her husband was strict. This man would of had to report to a foreign woman that he may be violent since his military background made him strict.

"Two weeks before her husband’s death, Cynthia Sommer paid $16.95 for an Internet dating service, authorities say."  > Well now she wouldn't have to document her past records since this is a domestic case. This is a good case to show discrimination of international dating.

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

Clever lawyers are already at work looking for ways to nulify this nonsense.  Where's Stephen when you need him?
Why it won't be a problem:
1. This law applies to U.S. agencies.  Foreign owned and operated agencies are not regulated by U.S. law.  So agencies "in country" have a leg to stand on if they fight it.
2. It specifically says "marriage brokers", so what consititutes a "broker"?  The way it is worded, it seems this law will only apply to companies that promise to find you a spouse.  "Introduction" or "dating" agencies that merely provide web space for personal ads and travel assistance can weasel out of the requirements.
3. If the dating police enforcers try to apply it to introduction agencies, the agencies can sue for harrassment and discrimination since it isn't being applied to e-Harmony or Match.com equally.
4. When you sign up at a matchmaking agency, don't you provide a lot of the background information already?  And don't the female clients get to see your bio before they write you just like you get to see theirs?  So in your bio, you will have a line:
Have you ever pimped a ho, peddled flesh, engaged in mass murder, or performed any other crime against humanity that would earn you a Nobel Peace Prize nomination?
Check: __ Yes    __ No
Then the female client initials off that she understands you are not on your way to becoming an international cause celeb.
5. The agency can always coach the girl to say she met her fiancé through an Internet personals site not regulated by this law.

... in response to Where there's a law, there's a loop hole..., posted by Bob S on Dec 20, 2005

[This message has been edited by Gary Bala]

It appears that the legislative process on this law will continue, especially as it concerns "missing" items which could be the subject of amendments.

After the Holiday recess, House/Senate conferees will continue conferencing about "missing" items, which they could not agree to for lack of time, to be put into a "technical corrections" amendment for this law (as well as all the laws they passed or rushed through in the days before the Holiday recess).

Among the potential "missing" items:
1. The exact definition of "International Marriage Broker" (IMB), "domestic violence", "foreign national client" and "United States client"
2. Civil and criminal penalties on the IMB for violations
3. How and by whom findings of violations will be made, and how and by whom the penalties will be enforced
4. Impact-assessment study or anaylsis by Immigration or others to determine if the law is actually working, or if people and IMBs are finding ways to circumvent or get around the law, and recommend changes or modifications accordingly

Under the earlier Senate version of the law, the penalties on the IMB for each violation was:

Not less than $20,000 civil fine, and 1 to 5 years in federal prison

The earlier law version's definition of "International Marriage Broker" was:

International Marriage Broker-

(1) IN GENERAL- The term `international marriage broker' means a corporation, partnership, business, 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 United States clients and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals from these respective groups.

(2) EXCEPTIONS- Such term does not include--

(A) a traditional matchmaking organization of a cultural or religious nature that operates on a nonprofit basis and in compliance with the laws of the countries in which it operates, including the laws of the United States; or

(B) an entity that provides dating services between United States citizens or residents and other individuals who may be aliens, but does not do so as its principal business, and charges comparable rates to all individuals it serves regardless of the gender, country of citizenship, or residence of the individual.

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

How is knowledge of the following information about the U.S. client going to protect the prospective foreign spouse from violence?

1. Ages of children under 18
2. Past visa petition history
3. Past marital and divorce history
4. All countries where he lived since age 18
5. All states where he lived since age 18

Is having a minor child an indication of probable violence against women? If the children are a certain age, does that fact make him more likely to beat his wife? Perhaps the fact that he has children means that he obviously must have raped his wife, because every feminist lesbian knows that a woman would never consent to sex with a man, right?

Because he submitted a visa petition in the past is obvious evidence of a wife-beater, right? What if he petitioned an adopted child from a foreign country? Does that mean he will be more likely to beat his wife?

I guess if a man was previously married, he must naturally be a wife beater, correct? What if he is a widower? Does that mean that he most likely murdered his wife?

What if he lived in Japan when he was 19 because his father was stationed there in the U.S. Navy? I guess that proves that he beats and rapes women, right?

If he lived in Arkansas, then he must be a wife-beater, right? And if he lived in Montana, then he rapes women and children, correct? And if he is from Oregon, then he obviously keeps sex slaves in his basement? I thought so.

Come on all you man-hating lesbians lurking out there. Why not sign in and explain these things to us idiots who just don’t get it. We know you have logical explanations, right? Or are you just high on drugs or something?

Ray

... in response to Questions for the Lesbians, posted by Ray on Dec 19, 2005

I don't think they are capable of having that logical discussion you desire.

... in response to Questions for the Lesbians, posted by Ray on Dec 19, 2005

Hey Ray, If he lives in Montana you forgot about the sheep!
BBaahh humbug

... in response to Re: Questions for the Lesbians, posted by RexB on Dec 19, 2005

...a sheep raper? That way she can enjoy herself with her vibrator while he's out "tending" to the sheep at night.

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

gary, how does this affect the spousal visa process?

... in response to Re: IMBRA becomes law...The fun is over ..., posted by mudd on Dec 19, 2005

Technically, the new law speaks to and references throughout the term: "K Nonimmigrant Visa". So it would seem at this point that K-3 spousal visa petitions are affected also. As you know, the K-1 and the K-3 both use the same USCIS petition, I-129F, and are both considered a "K Nonimmigrant Visa".

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

"The officer will also specifically ask the visa applicant if the relationship was facilitated by a International Marriage Broker (IMB), and confirm that the IMB provided her with background information and documents about the petitioner."

I hope someone challenges this law on constitutional grounds.  For one, it is discriminating against men and women trying to meet each other from foreign countries.. since the same criminal check isn't required for people meeting over Match.com or AOL.  

The other thing you should do is NEVER NEVER admit that you met a woman on a dating site or through an agency.  When you go to immigration, say you met her through a friend.  My wife never wants me to admit we used an agency.  This law was designed to intimidate but how are they going to enforce it?    Resist trash laws.  

... in response to Re: IMBRA becomes law...The fun is over ..., posted by valuedcustomer on Dec 19, 2005

I agree 100%

where is the ACLU on this one !!

... in response to Re: Re: IMBRA becomes law...The fun is o..., posted by Kiltboy1 on Dec 19, 2005

*beep*
Hello, you have reached the offices of the American Civil Liberties Union.  No one is available to answer you call at the moment since everyone is out either tearing down nativity scenes or protecting NAMBLA members' access to your children.  But if you leave your name, number, and pet peeve or sexual perversion you'd like protected, we'll get back to you as soon as possible.
*beep*

... in response to Re: Re: IMBRA becomes law...The fun is o..., posted by Kiltboy1 on Dec 19, 2005

Cuidado! You might attract the attention of the "fair and balanced" Bill O'Reilly.

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

Gary,

I cannot find the definition of an International Marriage Broker in the law.  Have you found it?

Also, I have not located the penalty provisions (although there was a section indicating a misuse of the information collected by an IMB could result in a fine or imprisonment of up to one year.)

Hamlet

... in response to Re: IMBRA becomes law...The fun is over ..., posted by Hamlet on Dec 19, 2005

The House/Senate deal did not reach agreement on the IMBRA penalty on broker violations. It is not decided yet, but will be subject to technical corrections amendment in the legislative process, as I understand it.

Technically, the same is true for the legal definition of IMB, though the earlier Senate version gives an extensive definition, which will probably be the working definition for practical purposes for the time-being.

... in response to Re: Re: IMBRA becomes law...The fun is o..., posted by Gary Bala on Dec 19, 2005

Penalties for violations may not be needed.  It seems to be self-enforcing because when the foreign fiance or wife goes to the US consulate abroad, the consular officer must have proof that she has been given all the information about the US man that the IMB is required to obtain and to translate into her language: his detailed marital history, all states and countries in which he has lived, copies of any documents regarding any legal troubles he has had in any states in which he has lived, including arrest records (even if not convicted) and even any problems with alcohol.

Since consular officers have great discretion, if they think that they IMB did not do its job (or if an IMB is once found to be doing a poor job of investigating the US man and thereafter gets a bad reputation in that consulate) the officer could deny the application.

... in response to Violations , posted by Hamlet on Dec 19, 2005

[This message has been edited by Keith NC]

Jeeze, I am glad that my fiancee has already had her interview and only needs to turn in a few lacking documents. I feel sorry for the guys in future years trying to get married.  These feminist just can't leave us alone. They bust our balls stateside and now they will bust our balls abroad.

... in response to Violations , posted by Hamlet on Dec 19, 2005

All the more reason the visa and interview process at the Consulate is getting more complicated and risky for all concerned.

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

The death knell of IMB.  If you're in the business, sell it and open a confectionery that caters to the bovine princesses who supported this bill.  That's one legal way of getting back at 'em.  

Congratulations, feminist lurkers.  Your cohorts have done a fine piece of anti-male/anti-marriage work.  What ever it takes to confine the American male to his own shore, right?

... in response to Re: IMBRA becomes law...The fun is over ..., posted by doombug on Dec 18, 2005

[This message has been edited by stefang]

I say this bill is discrimination. If this bill must be used against men marrying foreign women then the bill should have background checks done against every American including women.  Where are the lawyers on this one? Also every local dating agency should be required to adhere to the law as well, if the Feminazis want to end foreign marriages then apply the same to domestic ones.

... in response to Re: Re: IMBRA becomes law...The fun is o..., posted by stefang on Dec 18, 2005

"I say this bill is discrimation."

And libelous.

They're basically giving women around the world the impression that we are all perverts and criminals.

... in response to Re: Re: IMBRA becomes law...The fun is o..., posted by stefang on Dec 18, 2005

stefang

i was just thinking the same exact thing. I should be able to get a domestic background check on an AW as well, what about her past marriages,children, ect. i mean, i go to think that this thing has to have more unconstitutional parts to it. You have got to make it equil for everyone.

... in response to Re: Re: Re: IMBRA becomes law...The fun ..., posted by Kiltboy1 on Dec 18, 2005

[This message has been edited by Gary Bala]

My initial impressions of the new law are:

I think that this law will make it more difficult for agencies and operators to operate, perhaps prohibitively costly and cumbersome for some. IMB Agency brokers, subject to the law's jurisidiction, need to search Sex Offender registries and collect a lot of background on each guy and translate it and give it to the lady and get her signed release before they can sell her contact information to the guy. Certainly not easy. It may well drive some brokers off-shore or underground or force them to pass on the added costs to the U.S. customer, thereby limiting consumer choices and raising costs and prices.

I think that the law would have a "chilling effect" on free association and free speech rights of U.S. citizens, and on the United Nations Universal Declaration of Human Rights, Article 16, i.e. the unrestricted freedom and "right to marry". http://www.un.org/Overview/rights.html

The law probably also violates equal protection of the laws of U.S. citizens, because "foreign-traveling" U.S. citizens marrying (or engaging to marry) and doing visas for foreign ladies must disclose criminal and background data, but NOT U.S. citizens who marry a local lady under a local marriage license, at least under this law.

Latin Euro.com is already warning about the new law, and the "dating police" nature of it:
http://latineuro.com/

... in response to Dating police?, posted by Gary Bala on Dec 19, 2005

"Latin Euro.com is already warning about the new law, and the "dating police" nature of it:
http://latineuro.com/"

 Finally, something has aroused a passion for ethics at Latin Euro. [/sarcasm]

... in response to Dating police?, posted by Gary Bala on Dec 19, 2005

[This message has been edited by jim c]

    What I am wondering is how they expect any agency to access the information. Having had a private investigation agency in Key West, I am aware that all states do not allow easy access to their records. Just try to get something from Mass. What about releases. What about proof of identity. This is a perfect example of our elected idiots making a law based on emotion that has no system to allow compliance. Why don't they make the government responsible  for running the checks after submission of a sworn personal history and fingerprints. How is the agency going to force the client to tell the truth.

    Welcome to the pussification of the US. Laws made by women that have no basis for execution. Constitution, civil rights, fair and equal treatment, non discriminatory law??? As for the men who voted for it they think dog style is sitting up and begging while she lays down and plays dead. I am begining to think that American culture has become too matriarchal to survive. I think they will indict the owners of spike tv next. The american male had best start leaving his money to his sons or there will only be hair dressers and fag hags to determine our future laws. jimc

... in response to Re: Dating police? or dating police dogs..., posted by jim c on Dec 19, 2005

"Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself."

"No man's life, liberty, or property are safe while the legislature is in session."

Mark Twain (1835-1910)

... in response to Re: Dating police? or dating police dogs..., posted by jim c on Dec 19, 2005

This country is deteriorating rapidly. You older guys are lucky having the ability to live away from this Commie wannabe country. I fnd it hard even thinking of having children here, will they have to go to school with kids messed up from these idiots running us into the ground.

... in response to Re: Re: Re: IMBRA becomes law...The fun ..., posted by Kiltboy1 on Dec 18, 2005

Add to it DNA tests to make sure that child is actually yours and not some night fling she had while you are married. See how many women would like to be scrutinized the same way men are.

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

:-(

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

From what I've seen and heard about these agencies, I think that they ought to be regulated!

... in response to Good!, posted by RonA on Dec 18, 2005

Stupid Troll

... in response to Good!, posted by RonA on Dec 18, 2005

Oh, it's more than just the agencies that's being targeted for "regulation."  

... in response to Good!, posted by RonA on Dec 18, 2005

n/t

... in response to Stupid troll...fake!!!!!!!!!!!!!!!!!!!!!..., posted by Craig on Dec 18, 2005

Posted by Craig on 12/10/2005

I just returned from another trip to Manizales Colombia to see my fiancée. No offense to my brothers here in the states but I enjoy being the only Gringo in a city and this time did not meet one gringo my entire stay. The truth as I see it… Cali is ruined by the gringos and goof balls all over the world that have made it difficult to meet desirable women at an agency. The women have also been corrupted and have so many choices. This is because only about 8% of all the women in an agency are being asked out …the most attractive of course. The re-sellers are selling the same contact information, making the odds of meeting a women very difficult, and I know for a fact that many of the women are not available…many married…some in the states studying English in Miami and many with multiple boyfriends who they play. This is the truth ask any of the veterans on this board and I’m sure they will agree. About 3% of the most attractive women are getting 98% of the contact. This is what you’re up against. My fiancée went with 6 women from work to a letter writing site who sells to re-sellers of the six women she got 45 letters the rest combined got 0 that’s amazing…0. The same at the agencies the same 3% are getting 98% of the citas. It’s funny a girl on an agency web-site who said I was her soul mate is now married to a another guy 3 months after I left Cali. It's laughable…but expected these women are not going to wait around and they shouldn’t but is this the kind of girl you should marry?

I met my fiancée in Colombia in the town of Manizales she was a friend of a friend. My Colombian friend told me if I wanted to party stay in Cali if you want marriage material meet a Piasa, or a Manizalita. Hell…I’ve been going to Cali for 6 years and I love that city but it was time for a change. After about a year of dating my fiancée showed me letters she received on one of those dating web-sites she had joined before she met me…what I found out was amazing. She received about 45 letters in a three-week period. From doctors, cops, you name it she got it. I was stunned when I read them. The arrogance just spilled out. The doctor who was a good looking guy very successful wrote a five page letter describing how lucky a women would be to get the chance to be by his side and she better act quick or he won’t be available. Telling her he could tell she was a beautiful person by looking into her eyes. Other guys telling her basically the same thing but just not as arrogant. I asked my fiancée “why me?” I’m not the best looking guy the richest, or the smartest… so why me? The answer to this question is obvious and I will tell anyone who is truly interested in meeting a beautiful women how not to make a complete ass out of yourself. I will tell you how I did it but not in this post just send me e-mail and I will call you or you can call me. I will tell you how a decent guy got the best, most intelligent, good natured, attractive, sexy women I have ever known and loved.

Manizales is a great city. At night college students walk the streets late in the night. Lots of little coffee shops, bars, and things…very bohemian like. Beyond that not much to do. The city is much more beautiful then Cali as cold and damp as Bogota or worse. It rains, fog and the airports closes all the time and since the Avianca pilots fly by site into Manizales airport if it’s bad weather your not going anywhere. As far as agencies go there is one somewhere but I have no idea where in Manizales...they don’t advertise and do a lot of reselling. I don’t think you could go to Manizales without a command of the Spanish language and meet women, unless you made contact before and established some sought of friendship through writing and phone calls. The women seem more reserved and made no notice I was a gringo unless they saw me with my fiancée then we got lots of attention. If any of you want my advice on the agency scene in Cali of elsewhere I would love to help and offer you my advice and return the good will I received over the years by others. Take care.

Craig

... in response to Please elaborate, Craig, posted by RonA on Dec 18, 2005

[This message has been edited by Craig]

Unlike you...you spineless looser I use my reel name. You know you have managed to go to a country were beautiful women are everywhere and find none. You are the ultimate looser. Stay home...get some cheese for your whine...you coward, and please don't reproduce skell.

... in response to Good!, posted by RonA on Dec 18, 2005

Dude

You are not reading things correctly. This also is for anyone that wants to marry a woman from another country and bring her to the US. If you met her at Exito, Internet, the mall, makes no difference, you got to jump through all these hoops

... in response to Good!, posted by RonA on Dec 18, 2005

Just what and how is a International Marriage Brokerage agency defined anyway?  Does Match.com/amigos.com count? how about TLC via letter correspondence?