Written by admin on February 23rd, 2010. Posted in Law

anonymous asked:


Those wishing to bring a Thai fiancee or spouse to the USA sometimes must deal with the IMBRA. IMBRA is an acronym that means the International Marriage Broker Regulation Act. This Act can critically effect a US Citizens right to bring a Thai National to the United States on a K Visa.

IMBRA: what is it, and why was it created?

There are many aspects to IMBRA. In actuality, the legislation’s main goal is monitoring international marriage brokers, but this article’s focus is upon IMBRA’s effect on immigration to the United States. IMBRA requires all U.S. Citizens petitioning for a K1 Fianc?or K3 Spouse visa to submit more information regarding personal history to USCIS and the US State Department than was previously required. Also the IMBRA legislation establishes limitations on the number of petitions for K visas one may file on behalf of a Thai loved one. Also, the Act lays out restrictions on how many K Visa petitions one may file for within a certain period of time.

Apparently lawmakers felt that too many people were abusing the K Visa system; namely, the right of a US Citizen to petition for an unlimited number of K1 Visas.

How many K1 Fianc?Visas can a US Citizen obtain for a Thai Fianc?

As of July 2006, the US government has placed limitations on filing K Visa petitions, including the petition form for the K-1 Fianc?Visa: the I-129(f). The legislation has two restrictions: a restriction on the quantity of petitions filed and a restriction upon how many can be filed within a specified duration. USCIS currently construes Section 832(a) (2) of the IMBRA to mean that some US Citizens are not entitled to file a K Visa petition as a matter of right. Thus, if a US Citizen has ever filed for 2 or more K Visas that were granted approval, then a waiver from The Department of Homeland Security (USCIS) must be obtained before approval will be granted on a subsequent K Visa request. At the same time, if in the past twenty four months a US Citizen filed a K Visa petition which gained approval, then that US Citizen must hold off from filing another K Visa petition until another twenty four month period has transpired. Otherwise, the US Citizen must obtain a waiver from the Department of Homeland Security (USCIS) before the US Citizen can effectively file for another K visa.

Therefore, if a US Citizen has filed for two or more K1 Fianc?Visas in his or her lifetime, then they must obtain a waiver to file for another K-1 Visa for a Thai Fianc? This is also true if the US citizen has filed for a K1 Visa within 24 month prior to the latest filing.

Does the International Marriage Broker Regulation Act’s restrictions affect Immigrant Visas, specifically IR-1 and CR-1 visas, to the United States?

The IMBRA only covers the non-immigrant visas specifically the K Visas. Therefore a person could theoretically file for as many Immigrant visas as he or she likes. However, with the wait time for an Immigrant Visa being approximately 1 year at the time of this writing, the goal of the legislation; namely, prevention of frivolous K Visa petitions seems to have been met. For more about the IMBRA and how it could effect your Thai Fiancee’s K Visa Petition, check out:

http://www.uscis.gov/files/pressrelease/IMBRA072106.pdf

Thanks for Reading,

Benjamin W. Hart This information is made available to provide general information and a general understanding of the law, not to provide legal advice about specific situations or problems. The reader of this material understands that no attorney-client relationship exists between reader and author nor an express or implied contract between the reader and the author. The information contained herein should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.



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Written by admin on September 25th, 2009. Posted in Law

Sarah Wilson asked:


Are you planning on an offshore divorce to end your international marriage? If so, you’ll join millions of other couples who have opted for this fast, simple solution to an otherwise complex problem.

International couples face many more challenges when it comes to divorce than most people realize. Issues such as residency requirements, extensive travel and even conflicting time zones can make international divorce a nightmarish experience.

Deciding on an offshore divorce is a smart move for international couples, and there are options that can make your divorce even more beneficial. The following are 5 ways to make the most of the opportunity an offshore divorce presents:

1. Settle financial and child custody matters.

One of the biggest benefits of an offshore divorce is that you don’t have to be in agreement on financial settlements or child custody to regain single status. Yet if it’s at all possible, it’s to your advantage to settle custody and financial issues as part of your offshore divorce. This will eliminate the need to go through lengthy court battles in a jurisdiction that is local to you or your spouse.

2. Obtain mutual consent.

It’s possible to obtain a unilateral divorce in Haiti, but it’s not likely to be recognized by as many jurisdictions as a bilateral divorce will be. Mutual consent is the surest way to guarantee your divorce will be recognized in the locations where you and your spouse reside.

3. Arrange your divorce off-season.

In some cases, you can save a considerable amount of money on travel if you’re able to fly to the country where you’ll obtain your divorce off-season. Of course, this might not be appropriate if speed is your main concern.

4. Mix business with pleasure.

Many countries that are ideally suited for international divorce are also wonderful places to vacation. Since you’ll have to travel to appear in court, why not make the most of it and plan to enjoy a vacation?

5. Compare prices.

Most reputable law firms that specialize in offshore international divorces charge approximately the same price for comparable services. However, there are those that offer lower prices if you handle arranging airfare and accommodations yourself. Comparison shopping will also ensure you don’t overpay for your offshore divorce.

While for many couples, speed is the utmost concern in obtaining an offshore divorce, this isn’t the case for everyone. If you’re able to take the time to do some research and planning, you can use these 5 tips to make the most of an international offshore divorce.



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Written by admin on August 14th, 2009. Posted in Law

Sarah Wilson asked:


While foreign travel used to be exotic and uncommon for most people, today that has changed. People are traveling throughout the world much more frequently today than in the past, and they are spending longer periods of time in different countries. One of the effects of so much international travel is a higher incidence of international marriages. Unfortunately, this has also led to an increased demand for international divorce.

Divorce is never easy for couples, and even in the best of circumstances, it can be a long, costly and complex undertaking. If you’re married to someone who lives in a foreign country, divorce can seem too challenging to even attempt. If you’re residing in a foreign country and your spouse resides in the United States for instance, the process could take years.

International divorce can seem like such a hassle and tremendous expensive, many international couples don’t even bother to file for a divorce. They live their lives married, but estranged from their spouses. The situation can go on and on, but sooner or later, you or your spouse is likely to want a legal divorce. It could be one of you wants to remarry, open up a business, or you simply grow tired of the hassles involved in filing taxes jointly, among other things.

Depending on the country where you reside, divorce in your country of residence could be even more of a hassle than it would be in the United States. Fortunately, there’s another option to consider. Overseas divorces in countries that process divorces quickly and efficiently are the best solution for many international couples.

Overseas divorces’ sole purpose is the legal restoration of married individuals to single status. Such divorces aren’t likely to involve rulings on child custody, economic claims or financial settlements.

Jurisdiction is very important in international divorce cases, and it’s important to determine whether or not your country of residence as well as your spouse’s will recognize an overseas divorce. In most countries, overseas divorce decrees are recognized as legal and valid, but this isn’t the case in all countries. Even within the same country, how states or provinces accept international divorce decrees can vary.

You can research information on the legality of different types of overseas divorces through quality publications available online. You can then speak to a company or law firm that specializes in overseas divorces for more information on your specific case.

 



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Written by admin on July 1st, 2009. Posted in Law

Sarah Wilson asked:


All couples facing divorce must deal with the expenses the process involves, but for international couples, divorce is even more costly. If you’re living abroad, either you or your spouse will need to travel to another country to manage divorce proceedings. It’s likely you’ll need to travel multiple times over the course of several months or even years trying to legally dissolve your marriage.

In addition to legal fees for your attorneys, travel costs can be a major financial strain on international couples who want to divorce. It’s no wonder so many opt to stay married, even after living separate lives for years.

In cases where spouses can’t agree on anything to do with their divorce, international couples may have no alternative to a long and grueling ordeal in the court system. Yet in cases where both spouses agree that legal divorce is their best recourse, there’s an affordable option international couples can pursue. It’s called an overseas or offshore divorce, and it’s a relatively inexpensive way to legally dissolve a marriage by mutual consent.

An offshore divorce usually involves only one spouse traveling to a foreign country to handle court proceedings involved in the divorce. This one-time trip to a country such as Guam, Haiti or the Dominican Republic will be much less costly than repeated flights back and forth between your country of residence and your spouse’s. In some cases, you only need to stay in the country where you’ll obtain your divorce for a few days. Offshore divorces can cost between $1,500 and approximately $5,000, and in most cases, this includes air travel and accommodations.

Even if you and your spouse aren’t in agreement about child custody issues or financial settlements, you can still regain legal single status through an offshore divorce. Subsequently, local courts in one or another of your countries of residence will settle economic and child custody matters. In the meantime, you’ll be able to file taxes independently, start a business or even remarry as a single individual.

You can research offshore divorces online to find out more about how offshore divorces can benefit international couples. In your research, you’ll discover that in addition to cost savings, you’ll also enjoy the benefit of speed with an offshore divorce. There’s no need to spend thousands and thousands of dollars and take years to settle your divorce. An offshore international divorce is a terrific option for couples that want their marriage dissolved quickly, easily and with minimal expense.



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Written by admin on August 21st, 2008. Posted in Law

Bob Miles asked:


The Internet woods are thick with mail order brides from Russia, China, and the Philippines as well as dozens of third world countries. Nevertheless many men prefer Japanese women they are thought to make the best wives in the world. But now that Japan is a developed nation, however, are mail order brides still available from Japan?

Well, yes – but not nearly in as great a number as before. Ironically, the entire mail order bride phenomenon started out decades ago with Japanese-American men would write to their families back home asking help in finding a Japanese bride (in fact, arranged marriages are not at all uncommon in Japan even today). The man’s parents would find a candidate and the two would marry despite barely knowing each other – they might even meet for the first time at the wedding. The practice of arranged marriages – marrying a bride you barely know, chosen by your parents – was the rule rather than the exception in Japan until recently. Since at that time the US was far richer than Japan, Japanese-Americans could easily find a bride from the Old Country – to marry for economic reasons only was thought quite normal. Due to the Western romantic tradition, this practice struck most Americans as rather strange, and the term “mail order bride” came into being.

These days quite a few American men are looking for a “mail order bride” from another country. There are a number of reasons for this. Although Japan is now a developed country, there are still quite a few of Japanese women promoting themselves as mail order brides on the Internet. One advantage of Japan being a developed country is that Japanese women are far less likely than women from third world nations to marry only for economic reasons – that’s right, you’re may have to win her heart before she will marry you! But hey, that should be a good sign.

The Western stereotype of Japanese women as submissive handmaidens is not necessarily true anymore, and that applies double to mail order brides. Because of the relatively low status of women in Japanese society, a lot of Japanese women seek to marry Western men because they believe them to be less authoritarian than Japanese men. Yeah, it’s also true that “traditional” Japanese women are more submissive. But traditional women rarely marry foreign men – after all, marrying a foreigner (and living overseas) is not a particularly traditional thing to do. Nevertheless, after living in Japan for several years, I speak from experience when I say that Japanese women are by and large quite caring and considerate (and some of them are LOTS of fun!). If you are looking for a foreign bride, in my opinion Japanese women are your best bet.



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