IMBRA form I-129F Instructions

Copied by Apex Visa Service from I-129F instruction form (OMB No. 1615-0001; Expires 12/31/06)

3. Compliance with the International MarriageBroker Regulation Act (IMBRA).

If you met your fiancé or spouse through the services of an international marriage broker, you must notify USCIS of that fact by answering Question 19 on this form. The term “international marriage broker” means a corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the UnitedStates, that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between UnitedStates citizens or nationals or aliens lawfully admitted to the United States as lawful permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals. For additional IMBRA requirements, see items 4 and 9 of these instructions.

4. Filing Limitations on K Nonimmigrant Petitioners.

If you have committed a violent offense against a person or person, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist. For details regarding those circumstances, see item 9.B. of these instructions.

9. What Documents Do You Need toComply With the InternationalMarriage Broker Regulation Act?

A. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.

Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.

Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act.

NOTE: If your petition is approved, the information you submit regarding your criminal convictions will be provided to the beneficiary of your petition pursuant tosection 833(a)(5)(A)(iii) of the International Marriage Broker Regulation Act of 2005.

B. If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in you case, together with any evidence in support of your request. Examples of such evidence include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa.

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(s), you were not the primary perpetrator of violence in the relationship, and:

You were acting in self-defense;

You violated a protection order intended for your protection; or

You committed, were arrested for, were convicted of, or plead guilty to committing a crime that did not result in serious bodily injury and where there was a connection between the crime committed andyour having been battered or subjected to extreme cruelty.

Examples of such evidence include, but are not limited to:

Police reports;

Court records;

News articles;

Trial transcripts.

11. Mandatory Tracking of Multiple Petitions and Dissemination of Information Pamphlet.

The International Marriage Broker Regulation Act requires USCIS to maintain a database to track repeated petitions for K visas. Upon approval of a second petition for a K-1   or  K-3  visa filed by the same U.S. citizen petitioner (the law does NOT include filing for the same person!), USCIS will notify the petitioner that information concerning the petitioner has been entered into a multiple visa petition tracking database. USCIS will enter all subsequent K-1 or K-3 petitions filed by that petitioner into the database. When a second petition for a K-1 or K-3 visa petition has been filed less than ten years after the date the first petition was filed, USCIS will notify both the petitioner and the beneficiary of the number of previously approved petitions listed in the database. USCIS will also send the beneficiary a pamphlet containing information on legal rights and resources for immigrant victims of domestice violence. (Bold emphasis - Apex).