A Guide to the International Marriage Broker Regulation Act (IMBRA)

One path to obtaining a green card is through a marriage-based visa. The K-1 visa allows a foreign-born fiancé(e) to enter the country to marry their partner. While this sounds like a lovely way to begin a life of wedded bliss, some unscrupulous types have abused the system. This is where the International Marriage Broker Regulation Act comes into play. In this article, we’ll explain the International Marriage Broker Regulation Act, its history, and how it applies to couples with intercontinental romantic relationships.

What is IMBRA?

IMBRA, or the International Marriage Broker Regulation Act, was enacted in 2005 as part of the Violence Against Women Act. It’s primarily focused on protecting women from abuse by the hands of the U.S. sponsoring spouse. When seeking a K-1 marriage-based visa, the USCIS will ask several somewhat probing questions. However, what may seem like an invasion of privacy is actually for the foreign-born partner’s protection, and these questions aren’t asked to discourage you from entering the United States to marry your partner.

As you might have guessed, this act has much to do with online international marriage brokers. While many provide legitimate dating services that help connect potential romantic partners from different countries, some are for illegal activities such as human trafficking and other nefarious purposes.

It’s important to note that IMBRA specifically regulates businesses that facilitate romantic matchmaking services between U.S. citizens and those abroad. IMBRA’s rules and regulations bind international marriage brokers, who must abide by them. However, IMBRA does not apply to general online dating services that provide a platform for people to meet, either for friendship, casual dating, or something more serious.

For example, online dating platforms like Tinder and OKCupid aren’t bound by IMBRA since they aren’t primarily intended to match U.S. citizens with foreign nationals for immigration and marriage purposes.

The History of the International Marriage Broker Regulation Act

Enacted in 2005, the International Marriage Broker Regulation Act aims to address domestic violence and human trafficking issues. It was created due to concerns about international marriage brokers becoming more popular. Often referred to as “mail-order bride services,” the potential for the exploitation of women substantially increased.

Several high-profile cases of abuse involving foreign-born spouses who obtained legal entry to the United States through a marriage broker exposed the dangers these mail-order bride services could cause. Most notable of the cases was Anastasia Solovieva, a 20-year-old woman from Kyrgyzstan whose American husband murdered her after arriving in the U.S. on a K-1 fiancé visa.

In response, U.S. lawmakers began working on a solution for the potential of international marriage brokers to put women in danger. Their goal was to enact a law that forced brokers to reveal U.S. petitioner’s criminal background history to their foreign-born partners and to ensure deeper scrutiny of online relationships.

The International Marriage Broker Regulation Act was passed as part of the Violence Against Women Act of 2005. While IMBRA was widely received as much-needed protection for vulnerable foreign-born partners, it did receive some criticism, particularly from U.S. petitioners. Some claimed it was merely more governmental “red tape” and significantly slowed the K-1 visa process. IMBRA critics expressed concerns over the disclosure of petitioners’ background information.

IMBRA and Its Impact on the K-1 Visa

The International Marriage Broker Regulation Act directly impacts obtaining a K-1 visa. The act was put into place to protect foreign-born fiancées from possible abuse and exploitation. Here’s a look at how it affects the filing for a K-1 visa:

1. Mandatory Criminal Background Checks on U.S. Petitioners

U.S. citizens petitioning for a K-1 visa to bring their romantic partners into the country to marry must fully disclose their criminal history.
If the U.S. petitioner has a criminal history, USCIS requires sharing this information with their foreign-born partner.

2. Disclosure of Prior K-1 Petitions

U.S. petitioners must disclose any previous K-1 petitions they’ve filed, including their outcome and any annulments or divorces with prior K-1 visa holders.
Petitioners who have filed two or more K-1 petitions must request a waiver from USCIS before petitioning for another visa.

3. Provision of Information to Foreign Fiancés

As a part of the K-1 process, foreign-born partners must receive:

Information about their U.S. partner’s criminal background.
The “Know Your Rights” pamphlet contains information and resources related to domestic violence and the legal support available to victims.

4. Processing Times

The requirements that IMBRA imposes can lead to longer processing times.
Individuals with a criminal history or who have filed for multiple K-1 visas will have their applications further scrutinized.

The Importance of IMBRA

The International Marriage Broker Regulation Act plays an important role in protecting foreign fiancés and spouses who use marriage brokers to enter the country on a K-1 or K-3 visa. Requiring full disclosure and transparency about the U.S. petitioner, IMBRA adds a layer of security for those seeking entry into the country for the purpose of marriage.

Helps to Prevent Abuse

One of IMBRA’s primary roles is to prevent domestic violence and the possibility of the exploitation of foreign-born partners, particularly women when entering a relationship with a U.S. citizen.

Mandatory Criminal Background Checks: The Act requires U.S. petitioners to undergo a criminal background check with a focus on uncovering any past acts of domestic violence, sexual assault, and human trafficking.
Restrictions on Multiple Filings: Petitioners who have filed multiple K-1 visa applications in the past will face a deeper screening process. Some may be required to seek waivers to continue with their current petition. This additional screening allows USCIS to further investigate past unsuccessful marriage-based visa applications.

Increases Awareness and Legal Rights

IMBRA also ensures that foreign-born spouses are fully aware of their partner’s criminal background and the legal rights and protections available to them.

Disclosure of Rights: The K-1 visa process includes sending the foreign-born partner the “Know Your Rights” pamphlet, which explains their legal rights once they enter the United States. This document includes information about their access to legal assistance and the ability to seek help from law enforcement without the fear of being deported.
Social Support Resources: IMBRA requires that international marriage brokers provide their clients with information about domestic violence shelters, legal assistance, and emergency contacts in the U.S. should they feel in danger or threatened by their spouse after entering the country.

Everything You Need to Know About IMBRA

Protecting those entering the country on a K-1 visa from the horrors of domestic violence, sexual assault, and human trafficking is one of the primary goals of the International Marriage Broker Regulation Act. It adds a level of protection for those entering the country for marriage purposes by ensuring they know of their petitioner’s criminal background and if they’ve applied for multiple K-1 visas in the past. They’ll also be armed with information concerning their legal rights in the country and what resources are available to them should they encounter any issues.

Working with an experienced marriage-based lawyer can help with the K-1 process. They can ensure that you file your forms correctly, and should they foresee any issues, they’ll devise a strategy to ensure your application’s success.