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Withdrawing a K-1 Visa Application: IMBRA Issues?
Transcript of the above video:
As the title of this video suggests, we are discussing withdrawal of a K-1 Fiancé(e) Visa application/petition for Fiancé(e) Visa benefits for the fiancé(e) of an American citizen. I made another video contemporaneously with this one where I discussed withdrawal in the context of Spousal Visas, so the K-3, the CR-1 or the IR-1.
There is slightly different analyses with respect to that because of what is called IMBRA, the International Marriage Brokers Regulation Act which stipulates that those who are seeking K-1 Visas cannot seek more than two in a given period of time, and can be issued a waiver if they are seeking to, especially for the same person, but again it's designed to forestall people using the K-1 Visa as sort of a constant way of bringing basically girlfriends into the United States without the actual intention of marrying them - girlfriends or boyfriends, whatever - without the actual intention to marry and seek a Green Card.
There was a time, I actually remember in like the late '90s which was around the time that this promulgated, the International Marriage Broker Regulation Act to be precise, I remember like Dateline in the '90s talking about people that were like abusing the K-1 system and they would have like multiple petitions processing all at once, and they would just bring in whatever the latest one that they could bring in to the United States. It primarily had to do with a lot of cases coming out of the Philippines back then as I recall, as well as certain aspects of the Pacific as I recall, places like CNMI, and there was just all kinds of usage of the K-1, kind of in a disingenuous manner, which was why they created IMBRA, and then created this sort of cap on how many you can do. And that's the point of this video is if you withdraw a K-1 case, you need to go through the motions oftentimes of actually fully withdrawing it, withdrawing the petition, so as to basically forestall any issues in the future if you want to seek another immigration benefit for someone else down the road, because you want to make sure that it's clear that you never got an initial K-1 Visa on somebody to begin with, so that you don't trigger the mechanisms that are contained in the provisions of the International Marriage Brokers Regulation Act and therefore require the need to seek a Waiver in order to get a later K-1.
The point is withdrawal in a K-1 case should be done formally correctly, the withdrawal should be perfected formally with Department of Homeland Security so as to create a record for in the future if you need to seek another K-1 Visa, you are not going to run into problems with the International Marriage Brokers Regulation Act .
