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Major Provisions of the International Marriage Broker Regulation Act
 

(1) New I-129F Petition for Alien Fiance(e) Visa Form The new I-129F form requires petitioners who were convicted of a violent crime or a crime relating to a controlled substance on three or more separate occasions to submit certified copies of all court and police records. The new I-129F petition also requires petitioners who met their fiance(e) through an international marriage broker to write the name and the address of the international marriage broker on the petition.

(2) Restrictions on Visa Petitioners: A consular officer is prohibited from approving a visa petition before verifying that the visa petitioner has not (a) filed K visa petitions with regard to two or more aliens (b) filed a K visa petition within the last two years or (c) committed a violent crime. If a visa petitioner falls into one of these three categories a waiver must be granted by the Department of Homeland Security before a successful visa petition can be filed.

(3) Database Tracking Multiple Visa Petitioners: The Department of Homeland Security will create a database to track multiple K visa petitions. After a second visa petition is approved, the petitioner's name and information will be included in the database. In cases where subsequent visa petitions are applied for both the petitioner and the beneficiary will receive notice about the previously approved number of fiance(e) and/or spouse visas of the beneficiary.

(4) Domestic Violence Information: The Secretary of Homeland Security will develop an information pamphlet on legal rights and resources for immigrant victims of domestic violence. The pamphlet will be mailed to all K nonimmigrant visa applicants with the visa application information packet. The pamphlet will also be available on the websites of the Department of State and the Department of Homeland Security as well as at the consular office.

(5) Consular Interview: During the Consular interview, the officer will provide the applicant with information regarding any protection orders or criminal convictions of the petitioner. The applicant will also be provided with an information pamphlet on the legal rights and resources for immigrant victims of domestic violence and an oral summary of the information included the pamphlet.

(6) International Marriage Broker Regulation: International marriage brokers are prohibited from marketing children less than 18 years of age. They also must disclose the criminal record of the US client to the foreign national client and obtain the foreign national's permission in writing before the foreign national's contact information can be released to the US client.

 
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USA Visa and Law Associates
A Division of Chaninat &Leeds
Suite 10/154 Trendy Office Building
18th Floor, Sukhumvit Road Soi 13, Klongtoey Nua, Vadhana,
Bangkok, 10110
Tel: (662) 168 7001 (-3) Fax: (662) 168 7004

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