Laws, Regulations, And Facts That Make Mail Order Brides Legal
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There’s a mistaken opinion that calls mail order brides illegal. To address this misconception, I decided to pay attention to the legal aspects of the international matchmaking industry. If you still have questions like is mail order bride legal and need factual information, read this guide and discover the laws that regulate this sphere and how they differ by country.
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Are mail order brides legal in general?
Yes, mail order bride are legal in most states, including US, Canada, countries across Europe, Asia, and Latin America, and there are laws protecting all the participants involved. One of the reasons why there might be doubts about the legality of foreign brides is the term to buy a wife, which is often used and wrongly interpreted. The term “mail order bride” refers to women who seek partners through international dating sites and marriage agencies. They’re not “purchased” but rather choose to seek relationships with foreign men, often for reasons such as seeking better opportunities or love. There is nothing illegal in expenses connected to online dating, travels, and visa to be together.
Mail Order Brides Laws & Regulations
I’ve collected the most important legal acts that focus on foreign brides’ rights and their protection to prove that mail order brides are legal.
IMBRA
The International Marriage Brokerage Regulation Act (IMBRA) was developed to protect foreign fiancees and marriage-based green card applicants from being abused by a sponsoring spouse. It was passed in 2005 after the deaths of 2 women on marriage green cards who were killed by their husbands.
This act obliges the US government to inform fiances about their legal rights, run criminal background checks of both spouses, and explain how to get help if the relationships have abusive character. The key aspects of this law also include marriage broker disclosure if they met online, serial petitions prevention that limits US citizens to applying only for 2 K-1 visas in a lifetime, and penalties for misinformation. All this is done to prevent fake marriages and to protect people through the process of brokering a relationship.
VAWA
The Violence Against Women Act is a US federal legislation that provides a range of juridical tools that are required to combat violence against women and give them protection if they have suffered from abuse. The law was signed in 1994 to call people’s attention to the problems of domestic violence, dating violence, sexual abuse, assault, etc. This law gives people who suffered from abuse of a US citizen or a lawful permanent resident the right to apply for a green card without the help of the abusive spouse. Are mail order spouse illegal in US? You can see, they aren’t!
INA
The Immigration and Nationality Act is a federal law that deals with immigration, naturalization, and exclusion of aliens. It was created in 1952 and clarifies how a foreign resident can immigrate to the USA and settle there. You can discover the process of immigrant visa allocation, the procedure of granting immigrant status, requirements for the sponsor’s affidavit of support, and many other aspects.
IIRIRA
The Illegal Immigration Reform And Immigrant Responsibility Act was developed in 1996 to strengthen US immigration laws. The Act mandates the immigrants who are unlawfully present in the USA and aims at improving border control, allowing for the deportation of undocumented immigrants who commit a crime. It has a special Mail order bride section, which obliges international matchmaking organizations to disseminate information to foreign spouses on US immigration rules according to INS guidelines. The information must be presented in the native language of a foreign spouse and must discuss conditional permanent residency and battered spouse rules.
The Marriage Fraud Amendments
A false or fraudulent marriage is considered to be an immigration crime, so the Immigration Marriage Fraud Amendments Act of 1986 added a section with a penalty for this crime. Everyone who enters marriage for any immigration laws provision can be imprisoned for 5 years or/and fined $250,000. It also says that spouses who are considered to be immediate relatives must be admitted as immigrants without regard to other ordinary limitations. Now, you shouldn’t ask: are mail order spouse legal? This law recognizes them as official immigrants!
K-1 Visa Requirements
Are mail order spouse illegal? If you haven’t registered marriage in any other country or entered the USA as a spouse under your husband’s sponsorship, you need to apply for a K-1 visa. This is a type of visa that permits foreign-citizen fiances to arrive in the US and marry an American citizen within 90 days. There are several requirements to be met by women who apply for this visa:
- The foreign-citizen fiance must have met her US-citizen sponsor within the past 2 years.
- She should file Form I-129F, Petition for Alien Fiancé with the USCIS office that serves the area where she lives. When the petition is approved, it’s sent to the National Visa Center (NVC).
- The next step is to apply for a visa. It includes completing Form DS-160, and providing such documents as a valid passport, birth certificate, police certificates, medical examination, evidence of financial support, evidence of relationship, and others. It’s necessary to pay a fee, too.
It may take several months to get a K-1 visa in some countries, so it can be a real test for a couple to endure this period.
Mail order bride legality in different countries
I decided to discover more about the legality of mail order bride legality in the countries where men most often ask: are mail order brides legal? It may happen because the majority of grooms come from these countries, so let’s clarify by state.
🇦🇺 Australia
Seeking companionship beyond the borders, Australian men still doubt if mail order brides are lawful. Though you won’t find this term in Australian legislation like in the USA, the country allows entering international marriages legally and bringing foreign brides by completing proper visa processes. A woman who wants to marry an Australian man should apply for a Prospective Marriage Visa or a Partner Visa, which allows foreign individuals to enter the country to register marriage with a permanent resident. It’s also necessary to complete a Notice of Intended Marriage at least one month before the ceremony and have it witnessed by an authorized organ.
🇬🇧 UK
The United Kingdom doesn’t restrict its citizens from the opportunity to look for foreign wives online and considers this experience lawful. However, it isn’t an easy task to bring a prospective spouse to the country. A bride seeking marriage in the UK should pass a step-by-step immigration process. She can apply for one of the visa types: fiance visa, spouse visa, or indefinite leave to remain, but only if her groom agrees to sponsor her living in the country. The minimum amount a sponsor should earn is £18,600.
🇨🇦 Canada
There are no specific laws to regulate the mail order bride industry in Canada, but the law doesn’t prohibit seeking life partners online as well. However, the national legislation in the areas of contract, immigration law, and the law on marriage govern different aspects of getting mail order brides. Foreign partners immigrate to Canada as dependent on their husbands, who should sponsor them. They can enter the country with a spouse visa, conjugal partner visa, or with a common-law spouse visa. You can learn more about that from the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulation.
🇪🇺 Europe
It goes without saying that the legality of mail order brides differs from country to country, but a vast majority of European states approve of international marriages, and it doesn’t play any role in how they’re created. There may be some differences in the way marriages with foreign citizens are registered and what documents should be provided to do that. However, there’s no reason to doubt the legality of mail order bride in almost any European country!
🌏 Asia
Asian countries aren’t an exception when it comes to the legality of the mail order bride industry. You may face some religious and cultural differences between potential spouses, but there aren’t laws that prohibit international marriages except for fully Muslim countries. In all other states, seeking a soulmate online doesn’t go beyond the law and is practiced actively in the majority of Asian states.
Conclusion
I was looking for a country where mail order brides are banned at the official level, and what do you think? I haven’t found them. So what answer can I give to the question: is mail order brides legal? Surely, she is! I must admit that some religions and traditions prohibit women from using the Internet and communicating with men, but you won’t find them on mail order bride sites, either. In all other countries, mail order brides are fully lawful or exist in a gray area that doesn’t violate any laws. There’s no reason to worry when you decide to fall in love using this innovative approach!
