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IMB Regulation Act of 2005
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New!
MAR-18-06
17:44:41
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Forum: Fireside Chat with Nannette
RE: IMB Regulation Act of 2005
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boldpower
Male
41-50
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As a Single Christian male who has been battered myself by my ex's. I don't know how it will ever stand up in any court. The first thing an attorney tells anyone who has a 'restraining order' served on them is to 'let it die on its own'. In other words don't go around the individual for a year. Don't challenge it. Their thoughts are if you let it die then the court will see that you are the compliant one and the one who served you is not, especially if they make contact with you during that year's time, which a lot of women do after they serve their husbands. Another thing is in some states the retraining order can be issued on the word of the plaintiff alone, without any evidence and the defendant has 30 days to ask for a hearing. During that 30 day period the defendant asks for a hearing and the hearing date is granted by the judge, before the hearing date comes the petitioner goes in and fills out the papers for the judge to dismiss, or drop the restraining order. The judge drops the restraining order and the case is dropped without ever hearing the respondents side of anything and issuing the original restraining order merely on the Word of the Petitioner without ever hearing or seeing any evidence from the respondent.
As far as arrests are concerned, there are several states who have what is called, 'second chance' statues. In other words, if someone is actually arrested and found guilty, they have the option of going through a program or whatever the judge orders and after that program is completed or a certain time limit is up and the Defentant has not violated any laws or in other words has been 'clean' for that period of time, the conviction of that particular arrest is 'sealed' or 'expunged'. It is treated as though it has never happened. If that arrest is 'sealed', there is not way the person that was arrested can get any information about that arrest. The judge has already signed the 'seal order', and all the paper work is sealed. That's why it's called the 'second chance law' to begin with. As far as being arrested for DUII's, years ago is not the same as today. How are they going to interpret that? The BAC is very low now compared to when it change from a DWI to a DUII. I personally haven't had a drop for years now and wont again, but there is no way to compare what took place say 20 years ago compared to today. Marital History doesn't make any sense at all when they want the reason for the divorce. I don't know of any state now that doesn't use the 'irreconcilable Difference' clause, the reason a lot of marriages fail is because of adultery, everyone know that. It's not necessary to prove anything in any court room anymore for a divorce to take place. All you do is fill out the Petition, an Affidavit, and submit it to the court with the phrase of 'irreconcilable Differences'. The hearing is set or both individuals can actually sign another paper agreeing to dissolve the marriage and no hearing is needed. If the hearing is set, you have a day in court and no matter what evidence is presented the 'divorce is granted' on the grounds of 'irreconcilable Differences'. How can anyone prove anything when there is no paperwork for anything but 'irreconcilable Differences' in a divorce? It doesn't make sense. What is really going on is the Democrats, one of which wrote it up is just trying to stop American Men from going overseas to find a wife because they know we don't like the independence of the women over here which is against the King James Version of the Word of God to begin with. No, Im not an attorney, but I have learned how to not only read the law, but also look things up in the law books as well. I started doing that with my first ex when she cheated on me and took my first son, even back in 1985 she used the 'Irreconcilable Differences Clause'. Where the 'irreconcilable Differences Clause' started at was the 'incompatibility Clause', the case was with a farmer if my memory serves me correctly. He basically lost his 'income' so she lost her 'patibility', so the phrase 'incompatibility' came into existence. As I said, Im not an attorney, but from all the legal cases about domestic violence, marriage and separation laws there is no way to legally prove a lot of what the IMBRA2005 wants to know. I know I would not ever go to my ex's and to be honest, I don't even know what their addresses or phone numbers are because they beat the crap out of me more than once, I don't associate with them and I don't want to. My own mother is afraid of them. I know a lot of battered men, feel the same way I do. Every time they get around the ex or ex's as the case may be, the courts and legal system take the word of the woman and don't even listen to the man. I was never bruised even though she beat me so much one day that her fists started hurting. My mom was standing right there watching, but it would be her word against mine. I cant use the word 'abused' here because legally only a judge can determine if a person has been abused, but I can certainly use the term 'battered'. There would be no way for anyone to comply with all those laws. As I said, a lot of the regulations in IMBRA2005 is unable to be met. One more note of interest. Even after all that I submitted my fingerprints to the FBI when I was in a Master's Program for Counseling School Children in the State of Washington Schools and the FBI 'ACCEPTED' me for counseling children in the schools in the State of Washington, which is interesting. The exact state this IMBRA2005 came from is saying that it's ok for men to counsel children in their public schools, but its not ok for the same men to date and marry overseas women? An FBI Check should be sufficient, if they are sex offenders or child molesters, or whatever, FBI should know. If the person is out on parole, or whatever, and the law wants them, the FBI would know. All states report to the FBI and the FBI has all fingerprints on
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New!
FEB-6-06
18:35:24
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Forum: Fireside Chat with Nannette
IMB Regulation Act of 2005
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Nannette
Female
51-60
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The International Marriage Broker Regulation Act of 2005 has been signed by President Bush.
http://usaimmigrationattorney.com/images/IMBRA2005.pdf
Evidentally, those who do match-making with U.S. clients seeking foreign brides (or grooms) are now required to collect background information from the U.S. clients and translate and display it in the native language of the foreign client. The foreign client then has to agree that they wish to exchange information based on the information provided. In order to protect the foreign client. Obtaining a fiance visa is more difficult as well.
(What's to protect our U.S. clients from the scammers in some of these foreign countries? But that's another issue.)
So meanwhile, I'm trying to find out, is ChristianSinglesDating.com considered an IMB? Do we have to comply with this law?
We certainly aren't an IMB in the true sense of the word, in that the majority of our clients are U.S. members and we don't operate on the premise that the U.S. client pays, whereas the non-U.S. client is matched up for free.
In the law, here is the definition and the exceptions....
(4) INTERNATIONAL MARRIAGE BROKER.—
(A) IN GENERAL.—The term ‘‘international marriage
broker’’ means 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.
(B) EXCEPTIONS.—Such term does not include—
(i) 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
(ii) 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.
Now, we might be exempted under the (ii) entry above, in that our principal business is NOT providing dating between U.S. and foreign nationals and that we charge comparable rates and services to all our members, regardless of gender or country... However, we do offer the ruby plan, which allows the member to exchange contact info with all members, paid or free. However, that plan is also offered to everyone, U.S. or non-U.S., so it's not like we're only charging the U.S. people. So I'm thinking we would qualify for the exemption.
Any attorney's out there can read the jargon and interpret that for us?
According to this new law, certain background information is required and the web site must search the sex offender registry...
"(i) SEARCH OF SEX OFFENDER PUBLIC REGISTRIES.—
Each international marriage broker shall search the
National Sex Offender Public Registry or State sex
offender public registry,"
Other information collected, translated into foreign language and displayed to the non-U.S. person is this:
marriage broker shall collect a certification signed (in written,
electronic, or other form) by the United States client
accompanied by documentation or an attestation of the
following background information about the United States
client:
(i) Any temporary or permanent civil protection
order or restraining order issued against the United
States client.
(ii) Any Federal, State, or local arrest or conviction
of the United States client for homicide, murder, manslaughter,
assault, battery, domestic violence, rape,
sexual assault, abusive sexual contact, sexual exploitation,
incest, child abuse or neglect, torture, trafficking,
peonage, holding hostage, involuntary servitude,
slave trade, kidnapping, abduction, unlawful
criminal restraint, false imprisonment, or stalking.
(iii) Any Federal, State, or local arrest or conviction
of the United States client for—
(I) solely, principally, or incidentally engaging
in prostitution;
(II) a direct or indirect attempt to procure
prostitutes or persons for the purpose of prostitution;
or
(III) receiving, in whole or in part, of the proceeds
of prostitution.
(iv) Any Federal, State, or local arrest or conviction
of the United States client for offenses related to controlled
substances or alcohol.
(v) Marital history of the United States client,
including whether the client is currently married,
whether the client has previously been married and
how many times, how previous marriages of the client
were terminated and the date of termination, and
whether the client has previously sponsored an alien
to whom the client was engaged or married.
(vi) The ages of any of the United States client’s
children who are under the age of 18.
(vii) All States and countries in which the United
States client has resided since the client was 18 years
of age.
We are in the process of implementing more security features for members, however, our goal has always been to protect everyone, U.S. and non-U.S. members. This law is written to only protect the non-U.S. member.
What do you think of this law? What, if anything, have you heard about it and its implementation. I have seen the forms on some IMB sites required to be filled out prior to joining. If we required such a form to be filled out, by law, we wouldn't even allow the people to join if they answered yes to most of the questions.
What ideas would you like to see on our site for member safety and security?
Post your commments here...
God bless,
Nannette
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