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Information Concerning the Use of Marriage
Brokers, Dating Services and Catalogues
If you have met, or are contemplating meeting, a Ukrainian
through the use of the services of international marriage brokers,
correspondence or Internet contact agencies or catalogues, you
should be aware of certain legal realities that generally preclude
issuing nonimmigrant visas to these persons.
Section 214(b) of the Immigration and Nationality Act (INA)
stipulates that Consular Officers cannot issue nonimmigrant
(visitor, tourist, business, or student) visas to individuals whom
the Consular Officer suspects of intending to immigrate to the
United States. Although you may contend that this visit is just to
get acquainted in person to establish the feasibility of a
continuing relationship, these people have, in fact, indicated a
desire, willingness and readiness to emigrate from Ukraine by their
decision to participate in mail/internet contact services.
Furthermore, even in regards to general applications for
nonimmigrant visas, Section 214(b) of the INA places on nonimmigrant
visa applicants the burden of overcoming a statutory presumption of
intending immigration. Visa applicants overcome this presumption by
proving that they have a permanent residence abroad which they have
no intention of abandoning. Proof of an applicant’s intention to
return to a permanent residence abroad is generally established by
the demonstration of family, social, economic or other ties and
commitments in another country which will oblige the individual to
return there after a temporary stay in the United States.
As people who participate in mail/internet contact services are
by definition rarely married, they lack compelling family ties to
Ukraine. As they have, through this participation, expressed a
desire to leave Ukraine, any economic and social ties they may have
cannot be interpreted to be strong enough to compel them to return
to Ukraine after visiting the United States.
Because of these legal stipulations, the chances of a person you
have met through Internet or correspondence marriage agencies
qualifying for an American nonimmigrant visa is very remote, and it
will most likely not be possible for them to come to the United
States to meet you.
Finally, you should be aware that Ukrainians generally sign up
with contact agencies because they are looking for a way to
immigrate to Western countries with a much higher standard of living
than usually obtainable in Ukraine. When they agree to participate
in these services, they do not know what type of people they will
meet, but they are willing to take that chance because of the
possibility it affords them of leaving Ukraine. Although we are
aware of many happy relationships which have begun through the use
of contact agencies, we are also aware of many cases in which the
Ukrainian partner, having obtained their true objective (immigration
to the U.S.), abandons or otherwise misuses the trust of the
American partner. You may wish to consider this when deciding to use
such a service. The decision, of course, is entirely yours, and
neither this Embassy nor the United States Government takes an
official position on this issue. |