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JeffandTanya

Elena's Models RFE for IMB

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Hi, hoping for some advice, I see others have received similar RFE's, but I can't say I found a good response to this particular question. We met on Elena's Models in late 2012, they state that they do not fall under the IMBRA umbrella and recently responded via an email to me stating as such. However, I don't think that is a good reply in itself. I consulted one of the Ask Lawyers, and he pretty much said I'm screwed unless I can produce a consent form because the USCIS considers Elena's Models to be an IMB. I can't be the only USC with a beneficiary through this site. I checked NO to the IMB question, and here is the paragraph:

You indicated that you met the beneficiary through the services of an International Marriage Broker (IMB). You stated that you met the beneficiary through Elena's Models. This website is considered to be an International Marriage Broker as it is a business that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between United States citizens and foreign nationals. Therefore, you are required submit a copy of the signed written consent form that the International Marriage Broker obtained from the beneficiary, Tetiana....., authorizing the release of her personal contact information to you.

Appreciate any help you can provide, not sure where to go from here.

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The e-mail from the agency will have to suffice. You can look at the definitions of an IMB, compare it to the e-mail from the agency and what they say on their website, and write a detailed statement of your own to include with the agency's e-mail and website details.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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TBoneTX, thanks so much for replying. I think you are correct, I just hope that is enough. Would it be worth getting my Fiancee to write a letter of consent now and sign it, or is that pretty much a ship has sailed thing? They don't say anything about IMBRA on their site anywhere, so can't really pull anything directly about it. They do state that they are based in Australia. This law is so confusing it's difficult to find anything concrete, everyone seems to have a differing opinion. Here is the letter that I received from EM, I have tried to get them to write one more detailed, but no luck. Let me know what you think of the letter below. Thanks again!

Thank you for your message and congratulations on your engagement!

Regarding the IMBRA, we do not follow it, as we are not a US-based Marriage Agency and do not provide men's Personal Disclosures to women any longer.

(we did it in the past). So your (and your fiancée's) answer is "NO, she didn't receive your Personal Disclosure through the Elena's Models website".

If your relationship is genuine, the fact that our Agency doesn't provide Personal Disclosures won't affect the immigration application process.

Your fiancée can read the Pamphlet "Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa" in English or in Russian here:

http://travel.state.gov/visa/temp/pamphlet/pamphlet_5725.html

Wishing you good luck!

Warm regards,

Gee

EM Helpdesk

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I've posted a link to this thread in the Russia/Ukraine/Belarus regional forum. People with more knowledge of the agency and the situation should be coming to help you.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Welcome. I've also PM'd perhaps the most knowledgeable member of VJ, who regrettably doesn't come around as often as before.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Much appreciated TBone.

According to my interpretation of the requirements, I listed them as an IMB. Didn't affect anything. No harm to list them.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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According to my interpretation of the requirements, I listed them as an IMB. Didn't affect anything. No harm to list them.

Thanks Baron. It seems USCIS has a reinvigorated mandate to enforce the IMBRA law. If in your petition you state that you met through an IMB, they want the consent form that was sent to the beneficiary, in my case, they want it even though I didn't list it as an IMB because they consider it to be one. The RFE is to provide the consent form, but the site does not issue them because they do not consider themselves an IMB. From the research I have done, the contributions from others and the email from the site, the only option is to refute that it is an IMB. I'm preparing a response now, hopefully I will get it out later this week. Seems to be a very popular RFE now for any dating site.

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Thanks Baron. It seems USCIS has a reinvigorated mandate to enforce the IMBRA law. If in your petition you state that you met through an IMB, they want the consent form that was sent to the beneficiary, in my case, they want it even though I didn't list it as an IMB because they consider it to be one. The RFE is to provide the consent form, but the site does not issue them because they do not consider themselves an IMB. From the research I have done, the contributions from others and the email from the site, the only option is to refute that it is an IMB. I'm preparing a response now, hopefully I will get it out later this week. Seems to be a very popular RFE now for any dating site.

My interpretation was that since I had to pay (at the time) $99 to select my blond Russian hottie from the online catalog, that it met the basic definition. I only included their address and phone information on the 129f form and never sent any consent letter or other.

Good luck, shouldn't be a big issue.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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My interpretation was that since I had to pay (at the time) $99 to select my blond Russian hottie from the online catalog, that it met the basic definition. I only included their address and phone information on the 129f form and never sent any consent letter or other.

Good luck, shouldn't be a big issue.

There are exceptions in the law that are gray areas, that is what the site is using to declare they are not an IMB. Another member who did use an IMB had a consent form, however, they thought it wasn't filled out correctly and issued a RFE for that. I have heard the General Accountability Office performed an Audit at the end of last year and recommended retraining of the officers, as they were found deficient in enforcing the law.

Appreciate the response and luck, I'm hoping once I reply it will go right through.

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Hi, hoping for some advice, I see others have received similar RFE's, but I can't say I found a good response to this particular question. We met on Elena's Models in late 2012, they state that they do not fall under the IMBRA umbrella and recently responded via an email to me stating as such. However, I don't think that is a good reply in itself. I consulted one of the Ask Lawyers, and he pretty much said I'm screwed unless I can produce a consent form because the USCIS considers Elena's Models to be an IMB. I can't be the only USC with a beneficiary through this site. I checked NO to the IMB question, and here is the paragraph:

You indicated that you met the beneficiary through the services of an International Marriage Broker (IMB). You stated that you met the beneficiary through Elena's Models. This website is considered to be an International Marriage Broker as it is a business that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between United States citizens and foreign nationals. Therefore, you are required submit a copy of the signed written consent form that the International Marriage Broker obtained from the beneficiary, Tetiana....., authorizing the release of her personal contact information to you.

Appreciate any help you can provide, not sure where to go from here.

Did you actually check the box, "yes" on the form, indicating you met through an IMB, as USCIS states above? If so, that was your first mistake. If not, then I think your email from the site and an explanation will suffice.

Warning to all. Dating websites that are open to people from any country are not IMB's. Some that cater ONLY to matching foreigners to US Citizens, and who charge the US Citizen to obtain the actual contact information of the foreigner, can be problematic.

Since this website's homepage clearly states, "Elena’s Models help you meet real Russian and Ukrainian women for dating, relationships, or marriage, in all parts of the world." I think it is NOT an IMB.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Did you actually check the box, "yes" on the form, indicating you met through an IMB, as USCIS states above? If so, that was your first mistake. If not, then I think your email from the site and an explanation will suffice.

Warning to all. Dating websites that are open to people from any country are not IMB's. Some that cater ONLY to matching foreigners to US Citizens, and who charge the US Citizen to obtain the actual contact information of the foreigner, can be problematic.

Since this website's homepage clearly states, "Elena’s Models help you meet real Russian and Ukrainian women for dating, relationships, or marriage, in all parts of the world." I think it is NOT an IMB.

Hi pushbrk, I absolutely did not check the box, but that didn't matter to them anyway. Your description and exception is what I am going with as well, hopefully I will have everything ready to send this week.

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This is very strange to me as well. I met my wife the same way, and did not check the box as well. We told about it in our statement on how we met, and no issues. However I did have a visa attourney. We did not have any issues at all.

I think to move forward you might need to get an attourney. If OP you are interested I can give you the name of mine. Send me a PM if you are.


Visa Received: 2015-03-02 (K1 - See timeline for details)
US Entry: 2015-04-09
POE: Portland, OR
Marriage: 2015-06-20
Processing Estimates/Stats: Your I-129f was approved in 20 days from your NOA1 date.
I-485 Sent: 2015-06-30
I-765 Sent: 2015-06-30
I-485 NOA1: 2015-07-01
I-765 NOA1: 2015-07-01    
Biometrics Appt.: 2015-07-29
I-765 Approved: 2015-09-03
EAD Card Received: 2015-10-02    
I-485 Interview: 2016-01-13
I-485 Approval: 2016-01-13
Greencard Received: 2016-01-23

I-751 NOA1 ROC: 2017-10-18

I-751 Received at Local Office: 2018-02-26

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This is very strange to me as well. I met my wife the same way, and did not check the box as well. We told about it in our statement on how we met, and no issues. However I did have a visa attourney. We did not have any issues at all.

I think to move forward you might need to get an attourney. If OP you are interested I can give you the name of mine. Send me a PM if you are.

Thanks for the offer, but I sent my response in already. I replied with the advice given here, so hopefully it works. I will let everyone know.

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