To comply with U.S. law and avoid complications during the fiancé(e) or spouse visa application process, it is important that all U.S. citizens adhere to the requirements outlined in the International Marriage Broker Regulation Act (IMBRA). U.S. embassies now routinely request this information when foreign nationals apply for a U.S. visa. Failure to demonstrate that the foreign national has been fully informed of any relevant criminal history may result in a visa denial.
What IMBRA Requires
IMBRA places specific legal responsibilities on U.S. citizens who meet foreign partners through international marriage brokers (IMBs). It limits the number of K-1 fiancé(e) visa petitions a sponsor can file or have approved without obtaining a waiver.
If you met your fiancé(e) or spouse through the services of an international marriage broker, you must disclose this by answering Question 19 on Form I-129F, Petition for Alien Fiancé(e).
An international marriage broker is defined as any individual, business, corporation, partnership, or other legal entity—whether U.S.-based or not—that charges fees for matchmaking, dating, or social referral services between U.S. citizens (or lawful permanent residents) and foreign nationals. This includes services that facilitate communication or provide personal contact information.
Background Checks and Disclosure
Under IMBRA, before a U.S. citizen can obtain a foreign national’s contact information or initiate communication, the international marriage broker must:
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Collect the U.S. citizen’s criminal history, including all arrests and convictions.
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Gather information on prior visa petitions, marriages and divorces, and any children under 18.
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Conduct checks through the National Sex Offender Public Registry and applicable state registries.
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Provide all collected information to the foreign national.
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Obtain the foreign national’s written and signed consent before releasing her contact information.
It is a felony offense for any internet-based dating service primarily focused on connecting U.S. citizens with foreign nationals to allow communication without completing the above requirements.
Who Is Not Considered an IMB?
The term “international marriage broker” does not include:
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Traditional cultural or religious matchmaking organizations operating on a non-profit basis and in compliance with the laws of both the U.S. and the countries in which they operate.
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Dating services whose primary business is not international matchmaking and that offer comparable services and pricing regardless of gender or nationality.
Criminal History and Prior Petitions
Having a criminal conviction or having previously filed a K-1 petition does not automatically disqualify you from sponsoring a new fiancé(e). However, it may negatively impact the likelihood of visa approval.
Disclaimer: Filipina Fiancee Visa Service is a private company and is not affiliated with any government agency. We provide comprehensive support to help you obtain your visa and/or green card; however, our services do not include legal advice, legal representation, or any legal services. Filipina Fiancee Visa Service is not a law firm and is not licensed to practice law in any state. Neither the company nor its employees claim to possess specialized knowledge of immigration law or provide legal guidance of any kind.