RFEs for Online dating

[Ty/Ir 32]

Hello,

 

I initially contacted my fiance online approximately 2 years ago on an online dating site. The site was free and I am fairly confident that it was not an IMBRA, however, I made no mention of this in the i-129f petition. At the time I filed it the petition I was under the impression that USCIS was only interested in an in-person meeting,  so I just checked no for IMBRA and moved on. Both my fiance and I deleted our accounts on the free dating site and I have no correspondence to prove that we even made contact there. Am I likely to get an RFE for this, should I mention it, is it relevant? I'm not sure what I should do to prepare for any problems this could bring up.

 

Thank you

[payxibka 10,044]

12 minutes ago, Ty/Ir said:

Hello,

 

I initially contacted my fiance online approximately 2 years ago on an online dating site. The site was free and I am fairly confident that it was not an IMBRA, however, I made no mention of this in the i-129f petition. At the time I filed it the petition I was under the impression that USCIS was only interested in an in-person meeting,  so I just checked no for IMBRA and moved on. Both my fiance and I deleted our accounts on the free dating site and I have no correspondence to prove that we even made contact there. Am I likely to get an RFE for this, should I mention it, is it relevant? I'm not sure what I should do to prepare for any problems this could bring up.

 

Thank you

If you didn't mention it how will they know to send an RFE?

[Ty/Ir 32]

Was it wrong that I didn't mention that first contact was online? I have been reading that a lot of people do and I chose not to, it didn't seem relevant to the information they wanted.

[Ty/Ir 32]

10 minutes ago, payxibka said:

It asks for the circumstances of meeting,  which might include the where or how you made first con5

I just put that we met on 3 separate occasions and provided dates and locations. I wonder if I screwed my chances 😓

Edited April 15, 2019 by Ty/Ir

[SmallTownPA 71]

IMBRA does not cover dating sites unless they principally serve US Citizens.  Any site that is open to any country is pretty much in the clear.  There are a few 'we are not IMBRA' letters out there you can read and apply to your situation.

 

This is what I got from the web site i used to meet my fiance (here's a snippet)

 

"• Our principal business is not to provide dating services between US citizens and foreign nationals. “Principal Business” as described under Section 4 (B) (ii) of IMBRA relates to the principal business of the corporate entity as a whole and not to the characteristics of an individual website operated by a business."  

 

The US cannot force a foreign company to do anything.   IMBRA is pretty toothless.

 

I will describe we met online but not provide IMBRA information.  The email I received from will be attached to the packet.

 

 

Edited April 19, 2019 by SmallTownPA

[geowrian 22,335]

Just a note: the IMB documentation is obviously only required if using the services of an IMB. If you did not meet through an IMB, no such documentation exists or is necessary.

Although, it is equally important to note that it is always the obligation of the petitioner to establish that they qualify for the benefit being sought. This is why USCIS may send an RFE to verify that you did not meet through an IMB (just saying so on the I-129F is not necessarily sufficient), if said documentation was not provided.

IMBRA also covers the disclosure of certain crimes, and requires a waiver for certain multiple filers. This applies regardless of whether you used an IMB or not.

Edited April 19, 2019 by geowrian

[payxibka 10,044]

9 minutes ago, SmallTownPA said:

IMBRA does not cover dating sites unless they principally serve US Citizens.  Any site that is open to any country is pretty much in the clear.  There are a few 'we are not IMBRA' letters out there you can read and apply to your situation.

Wrong it doesn't have to principally serve but simply provide services to US citizens.  What makes it an IMB is does the site provide introductory and/or matchmaking services

 

 

[SmallTownPA 71]

1 minute ago, payxibka said:

Wrong it doesn't have to principally serve but simply provide services to US citizens.  What makes it an IMB is does the site provide introductory and/or matchmaking services

 

 

Yeah, you should read the IMBRA regs

 

“Principal Business” as described under Section 4 (B) (ii) of IMBRA relates to the principal business of the corporate entity as a whole and not to the characteristics of an individual website operated by a business

 

So having US customers does not trigger IMBRA compliance.  They must have a dedicated and majority US citizen client base.

[payxibka 10,044]

4 minutes ago, SmallTownPA said:

Yeah, you should read the IMBRA regs

 

“Principal Business” as described under Section 4 (B) (ii) of IMBRA relates to the principal business of the corporate entity as a whole and not to the characteristics of an individual website operated by a business

 

So having US customers does not trigger IMBRA compliance.  They must have a dedicated and majority US citizen client base.

Taken from the CFR.  No "primarily" anywhere in the definition

 

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)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.

 

8 USC § 1375a(e)(4)(A)

[SmallTownPA 71]

2 minutes ago, payxibka said:

(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.

 

WHAT PART OF THIS IS CONFUSING YOU?????

 

If you have members from all over the world, then your PRINCIPAL BUSINESS (as defined in the Act) is NOT to provide services between USC's and foreign nationals.

 

Its not that hard... really.

Edited April 19, 2019 by SmallTownPA

[payxibka 10,044]

1 minute ago, SmallTownPA said:

 

WHAT PART OF THIS IS CONFUSING YOU?????

The part that says AND FOREIGN NATIONALS 

[SmallTownPA 71]

6 minutes ago, payxibka said:

The part that says AND FOREIGN NATIONALS 

Ok.. small bites here:

 

If you run a web site, that has a majority of the membership as USCs, and your web site shares contact information for dating/marriage then yes, YOUR PRINCIPAL BUSINESS is to provide dating/marriage services to USCs and foreign nationals and would need IMBRA compliance.  You would also have to charge a hefty FEE to USCs as EVERY PERSON a USC talks to would need an IMBRA packet sent to them and that would require a background check.

 

Now, if you run a web site, OPEN TO EVERY COUNTRY, where USCs are NOT the majority you are CLEARLY not engaging is a PRINCIPAL BUSINESS of matching USCs with foreign nationals.

 

Can you see the difference??  

Edited April 19, 2019 by SmallTownPA
spelling

[payxibka 10,044]

8 minutes ago, SmallTownPA said:

Ok.. small bites here:

 

If you run a web site, that has a majority of the membership as USCs, and your web site shares contact information for dating/marriage then yes, YOUR PRINCIPAL BUSINESS is to provide dating/marriage services to USCs and foreign nationals and would need IMBRA compliance.  You would also have to charge a hefty FEE to USCs as EVERY PERSON a USC talks to would need an IMBRA packet sent to them and that would require a background check.

 

Now, if you run a web site, OPEN TO EVERY COUNTRY, where USCs are NOT the majority you are CLEARLY not engaging is a PRINCIPAL BUSINESS of matching USCs with foreign nationals.

 

Can you see the difference??  

Even if you run a website exclusively for USCs as long as you are not matchmaking you are NOT an IMB.

 

What makes an IMB is the matchmaking component not who the majority of your clients are.

 

I had a friend who had an agency in Ukraine whose clients were from all over the world and the us clients were  25% of his business and his middle eastern clientele was the majority.  However,  because he provided matchmaking he WAS deemed an IMB

[TBoneTX 42,991]

2 hours ago, SmallTownPA said:

Ok.. small bites here:

The bickering stops now, or administrative action will be applied.

[Ty/Ir 32]

12 hours ago, payxibka said:

What makes an IMB is the matchmaking component

This is kind of of what I was leaning towards, well this and the pay-to-use component. The website I used was completely free and offered no match making services. Indeed it appeared the site was abandoned by its original administrators. My OP wasn't clear, but I was really looking for feedback on whether or not the omission of online contact in the i-129f being a problem. I appreciate the input everyone has given thus far.