The K-1 Visa Application and the International Marriage Broker Regulation Act

1. The Law to Protect International Marriage Victims of Domestic Abuse

President George W. Bush signed a bill into law on January 5, 2006 that is aimed at protecting foreign nationals who enter into marriages with U.S. citizens through international marriage brokers. These individuals are typically women, commonly referred to as mail-order brides, although it is now the Internet and certain Internet-based businesses that facilitate many of these arrangements. 

The law, known as the International Marriage Broker Regulation Act of 2005 (IMBRA), was passed as part of the reauthorization of the Violence against Women Act (VAWA). The purpose of such a law is to protect spouses in any abusive relationship, not only women. Even though VAWA refers to women in its title, and women traditionally are more often abused or victimized, the law has always been gender neutral and protects both women and men who are victims of domestic abuse.

3. The Documents Needed to Comply with the IMBRA

As an U.S. citizen petitioner, If you have filed two or more Form I-129F K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver, you must submit a written request with the Form I-129F petition accompanied by documentation of your claim to the waiver.

If you have committed a violent offense against a person, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist. The documents needed to comply with the International Marriage Broker Regulation Act in the Form I-129F petition include: 

1) If you have ever been convicted of crimes;

2) If you are seeking a waiver of the filing limitations imposed by IMBRA.

If you have committed a violent offense and seek a waiver, you must attach a signed and dated request for the waiver, together with evidence that extraordinary circumstances exist in your case, i.e., that you were being battered or subjected to extreme cruelty by your spouse, parent, or adult child at the time you committed your violent offense, you were not the primary perpetrator of violence in the relationship.


 

 


Greencardfamily.com - For Your Family-based Immigration Applications

© Family Green Card Service
www.greencardfamily.com