Compliance with the International Marriage Broker Regulation Act

Posted March 1st, 2008 by Randy

If I met my fiance through a internet dating service which I paid a monthly fee for. The dating service did not provide personal contact information and was open to anyone that paid the monthly fee. Any communication was done through the service untill such time we decided to exchange personal information.
Is this a form of "otherwise facilitating communication between individuals" as stated on form I-129F "Step 2. General requirments" 1. Compliance with the International Marriage Broker Regulation Act?

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Defining the "International Marriage Broker"

On March 2nd, 2008 Phil says:

Great question. This is an issue that I don't believe is addressed in our Fiance Visa Guide. This post refers to Question #19 on Form I-129F which asks:

"Did you meet your fiance or spouse through the services of an international marriage broker?"

This question is the result of a new provision of law commonly known as International Marriage Broker Regulation (IMBR) which is subtitle D of the Violence Against Women Act or VAWA. VAWA is a federal law which was passed in 2005 in attempt to address many issues related to immigration and domestic violence. 8 CFR 1375(a)(d).

The answer to this question lies in the interpretation of the definition of an "International Marriage Broker." The IMBR defines this term as:

"A corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the United States, that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between United States citizens or nationals or aliens lawfully admitted to the United States as permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals.

The definition specifically excludes the following organizations from the definition:

A traditional matchmaking organization of a cultural or religious nature that operates on a nonprofit basis and otherwise operates in compliance with the laws of the countries in which it operates, including the laws of the United States; or

An entity that provides dating services if its principal business is not to provide international dating services between United States citizens or United States residents and foreign nationals and it charges comparable rates and offers comparable services to all individuals it serves regardless of the individual’s gender or country of citizenship.

Based on the limited information you provided, it seems that this service would fall into the second exception to the definition of the term "International Marriage Broker." It sounds like you can answer "no" to #19. Best of luck.