The International Marriage Broker Regulation Act of 2005 (IMBRA) was designed to offer protection to immigrant women and foreign spouses who become victims of domestic abuse. Passed as part of the reauthorization of the Violence Against Women Act in 2005, IMBRA requires all U.S. citizens who petition for a fiancee or spousal visa to share more comprehensive personal background information with the Immigration Service and the State Department.

Among the changes included in this act are new petition forms; limitations on filing multiple K visa petitions; a multiple visa petition database; a domestic violence pamphlet brochure; a potentially revised consular interview; and regulation of international marriage brokers. Restrictions have been put in place on the number of petitions an individual can file, and how quickly some petitions can be filed.

According to Section 833(e)(4)(A) of the act, an international marriage broker (IMB) is any corporation, individual or legal entity-whether or not existing under the laws of the U.S.-that charges fees for providing dating, matrimonial, matchmaking or social referrals, or is "otherwise facilitating communication between individuals." The law stipulates that the IMB must submit extensive background information to the broker agency prior to meeting their future fiancee or spouse. The broker is then charged with sharing that information with the fiancee or spouse, who must offer consent before starting a communication or relationship. IMBRA ensures full disclosure and due diligence on behalf of both parties.

Enforcement of IMBRA falls mostly on the U.S. Attorney's Office and the FBI. An offending broker will initially receive a citation, following by a notice of hearing. An immigration judge or federal magistrate will preside over an agency hearing on the record. Civil and criminal penalties are applicable to the broker for violations, and there are also provisions in place to protect the IMB from having their information disclosed without consent or being used for harassment or intimidation. IMBRA supplements state laws and does not have the authority to pre-empt or supersede any rights, penalties, remedies or enforcement that exist under state law. As the act is applied and cases develop, details on enforcement and punishment will become more explicitly defined.

To ensure the safety and protection of fianc'es and spouses, RHC Visa Service advocates and embraces IMBRA as an important, necessary new tool. We offer K1, spouse and marriage K-3 visas for entry into the United States of America, and we unwaveringly adhere to IMBRA every step of the way.

Request a customized consultation from RHC Visa Service. Fill out a contact form for more information or call us at 1-720-535-1849 if you require additional assistance.