How to Reply to IMBRA RFE re Elena's Models? [split topic]

[shartman84 1]

I received an RFE for IMBRA. We met at Elena's Models (EM), which I have received conflicting information if they are IMBRA compliant. Regardless, I must answer this RFE. Essentially they are requesting the signed written consent from the IMB that authorizes the release of her personal contact information to me. Obviously EM does not provide such a consent form. I did answer 'no' on my I-129F if we met using a Marriage Broker, but still received the RFE. Because I only get one shot at this, how can I reply to this RFE? I do not have the consent form they are requesting. EM claims that they are IMBRA compliant. I cannot simply respond to USCIS with this information. I have read virtually all the threads on this topic, but no real answer to a common kickback. I have several calls into attorneys, but no one wants to address this issue without my paying $300 plus for an answer.

Any help is greatly appreciated...

[TBoneTX 45,663]

Read this entire thread:

http://www.visajourney.com/forums/topic/553538-elenas-models-rfe-for-imb/

[shartman84 1]

I have read the entire thread. Actually I have read it before. It fails to answer the question of how to pursue this. Here are the actions that I have taken thus far.

1. Requested an official letter from Elena's Models containing the following

a. Indicate that you are not an International Marriage Broker (IMB)

b. Indicate reason why you believe you are not an IMB

c. Indicate that you 'do not' provide written consent forms to your clients for the release of personal information

d. Indicate that Elena's Models (EM) is not based in America, and are not subject to IMBRA

e. Proof that they are exempt as outlined under Section 4 (B) (ii) of the IMBRA

2. I have asked my fiance' to create a signed statement that she never received any paperwork to sign in regards \

to the release of personal information. Also state that her and I exchanged personal information mutually.

Elena's Models did not provide personal information

3. I have printed, reviewed, and highlighted pertinent areas of EM's Terms of Use Agreement, Legal Disclaimer,

and Privacy Policy. These copies also contain the URL address. This will be forwarded along with my response

to USCIS.

4. I have began drafting a letter outlining that I do not have the requested letter, and am presenting my case that

EM is exempt from IMBRA, as they are based outside the United States and not obligated to request consent

information from their clients. I have further explained that I understand that as the petitioner, I am subject to the

law. I requested consideration based on the number of Americans who have met and married their spouses

from EM, and answered question 35 with a 'no' as I did.

5. In speaking with an attorney, they have essentially said that because I do not have the consent form, that my

only option is to convince USCIS that EM does not meet the definition of an IMB or at least qualifies for the

exception to this definition. Furthermore, I need objective evidence to support my claim that they are not an

IMB.

Sorry for the long post. So in short, I am looking for anyone who has had to prove this to the USCIS and what their experience was. Please note that this is not a topic of whether EM is an IMB. The correct answer will be who has had to prove to USCIS that EM was not an IMB, and what did they provide to support their argument?

[TBoneTX 45,663]

You seem to be overthinking this. Do what the other member did. Send him a PM for details.

Edited October 16, 2015 by TBoneTX

[pushbrk 13,011]

You seem to be overthinking this. Do what the other member did. Send him a PM for details.

Correct. Read the advice I gave in that thread, that it was followed, and that the petition was approved. If there's something specific you don't understand about what to do, ask a specific question. Otherwise, your situation is exactly the same, so no new or different advice to you, is likely to be forthcoming, since what works, works.

[shartman84 1]

Thank you TBoneTx and PB. Perhaps I may be overthinking this, and what the other couple accomplished did work. I have found a Report for Congressional Members dated December of 2014, that states the government is now going to 'crack down' on the IMBRA, as they feel the processing centers were not placing enough emphasis on this. I am including the link for your readers... http://www.gao.gov/products/GAO-15-3.

In this report, they outline that they are retraining their officers and will be issuing many more RFE's for IMBRA. They are going to be more reluctant to approve RFE replies unless the petitioner can make a solid case. Though I glossed over many items, it was an interesting read, and demonstrates what is now occurring at USCIS. This also answers for the influx of RFE's of late.

I will provide USCIS with anything and everything that I can find. I would rather give them too much then not enough))) With luck and God's help, they will approve this.

I am only waiting for a response from EM. In my letter to them, I indicated that this new push on IMBRA could impact business on their American clients. In response, they asked for a copy of my RFE. Because a good portions of EM's profits are from Americans, it would seem that EM would have an interest in providing some sort of digital form that their clients can electronically sign, and provide a link for the pamphlet. It would be an easy job for the IT folks. Then at least EM would be covered for any future clients that must endure this agony.

In any event, EM was postively responsive to my letter. I must assume that they are forwarding this to the necessary people and will provide me a letter. Once received, I will post it here for future readers!

I forgot to ask. Pardon my ignorance here, but what is a 'PM' that you referenced above....thanks!

[pushbrk 13,011]

Thank you TBoneTx and PB. Perhaps I may be overthinking this, and what the other couple accomplished did work. I have found a Report for Congressional Members dated December of 2014, that states the government is now going to 'crack down' on the IMBRA, as they feel the processing centers were not placing enough emphasis on this. I am including the link for your readers... http://www.gao.gov/products/GAO-15-3.

In this report, they outline that they are retraining their officers and will be issuing many more RFE's for IMBRA. They are going to be more reluctant to approve RFE replies unless the petitioner can make a solid case. Though I glossed over many items, it was an interesting read, and demonstrates what is now occurring at USCIS. This also answers for the influx of RFE's of late.

I will provide USCIS with anything and everything that I can find. I would rather give them too much then not enough))) With luck and God's help, they will approve this.

I am only waiting for a response from EM. In my letter to them, I indicated that this new push on IMBRA could impact business on their American clients. In response, they asked for a copy of my RFE. Because a good portions of EM's profits are from Americans, it would seem that EM would have an interest in providing some sort of digital form that their clients can electronically sign, and provide a link for the pamphlet. It would be an easy job for the IT folks. Then at least EM would be covered for any future clients that must endure this agony.

In any event, EM was postively responsive to my letter. I must assume that they are forwarding this to the necessary people and will provide me a letter. Once received, I will post it here for future readers!

I forgot to ask. Pardon my ignorance here, but what is a 'PM' that you referenced above....thanks!

The thread linked is quite recent, and EM is NOT and IMB.

[shartman84 1]

Thanks pushbrk. I agree with your opinion that EM is not an IMB. You would think that USCIS would have a database with this information! Instead, they create hurdles and unnecessary hardships for those of us placed in these positions.

I now feel qualifed to be an immigration lawyer after all the research that I have had to conduct regarding this. Hopefully my efforts will bear fruit. I would expect to see many more RFE's being issued in the future as the government pushes the USCIS for accountablility of IMBRA.

I had mentioned it above, but TBone TX has not had a chance to reply. What is 'PM' that he mentioned above?

[pushbrk 13,011]

PM is personal message. If USCIS is under pressure, they may simply be issuing unnecessary RFE's to meet some arbitrary quota connected with the pressure. Wrong of them? Sure, you bet. Doesn't mean that's not exactly what they're doing. In a couple months it will be a different website. Luck of the draw.

[shartman84 1]

I think you nailed it with your last statement. They must demonstrate to DHS that they are enforcing this. If it means RFE's then we as petitioners must find a way to comply. As you said, just a matter of bad timing.

I feel comfortable with the information that I have gathered. I am only waiting on the letter from EM. I also drafted a letter for my fiancee for her to sign that states she is familiar with IMBRA. I am pasting that letter here as a template so that your readers can use to help with their IMBRA experiences...

{your address}

{date}

Department of Homeland Security

U.S. Citizenship and Immigration Services

California Service Center

P.O. Box 10590

LaGuna Niguel, CA 92607-0590

Dear Department of Homeland Security,

SUBJECT: Request for Evidence (Receipt # xxxxxxxxxxxx)

I am writing in response to your Request for Evidence that you sent to my fiancé’ (petitioner) dated 7 October 2015.

Your letter is requesting from XXXXX a copy of a written consent form that the alleged International Marriage Broker (IMB) Elena’s Models had me sign in order to release my personal information to XXXXX.

Please be advised that Elena’s Models never provided me with any consent form for the release of personal information. Per the dating sites Terms of Agreement, Legal Disclaimer, and Privacy Policy, they are not allowed to release personal information to prospective clients. It is my decision to release my personal information upon speaking with a person of interest.

XXXXX and I meet on Elena’s Models in late January 2015. After a short correspondence, we agreed to mutually exchange personal contact information. Since that time, we have deleted our accounts on Elena’s Models and have been speaking exclusively. We desire to be married, hence our application that is pending in your office.

I do wish to inform you that XXXXX has explained to me why our I-129F has been delayed. Furthermore, he explained to me what the International Marriage Broker Regulation Act was, and provided me with a link to review the pamphlet on domestic abuse, and what my rights are if I were victimized. My signature below acknowledges that I have read and understand my rights under IMBRA. Additionally, I am aware of the services that are available to me.

Sincerely,

[shartman84 1]

I received approval of the I-129F Petition today. They did not bother to notify me if the RFE had been accepted. They went forward with the processing and it is now off to Moscow!!!

It seems that the DHS and USCIS is sending RFE's for any sort of relationship that is formed on the basis of meeting on the Internet. The burden of proof falls on you to show that the website is not an IMB. Because of the constantly changing element of this business, USCIS cannot stay on top of who alledges to be what. So you must become your own attorney to prove your case.

There are many resources available to you. For me, I had some free telephone consultations with attorneys. They did not specifically tell me what to do, but I was able to read between the lines. For all of you that have received an RFE based on IMBRA, here is what I successfully did (all 53 pages worth)!!!

1. Letter from Elena's Models stating that they are not an IMB or provide consent forms. I had this signed by a director and their stamp applied.

2. I had my fiance' write a letter (also stamped) that she received no consent letter and that we met online and mutually agreed to exchange personal contact information. Furthermore, that I provided her a link to the IMBRA pamphlet and that she is aware of her rights and services available if she were to be a victim of domestic violence.

3. I created my own affidavit indicating that I had no criminal history, and outlined again the history of our meeting, and that she was aware of IMBRA and her rights. This was signed and notarized.

4. Printed all Terms of Use, Privacy Policy, and any other legal disclaimers. I read through it all, and highlighted anything that would prove they were only a dating site and not an IMB.

I sent my reply in the same format at I did the I-129F. I included a cover letter and referenced the case number on all documents. Sent it out USPS certified mail. Within 10 days it was approved.

Based on my experience, if you receive an RFE and do not have the required documents. Then I would reply in the fashion that I did. Give them everything and anything. The important thing is to prove to the USCIS that a particular website is not an IMB. This can normally be resolved with a letter from the agency and printing out all the small print for the website. The additional items such as affidavit, and notarized letters may or may not be necessary. However, it demonstrates that you have exhausted all resources to prove your case. Be methodical in your reply, as you were with your I-129F.

[TBoneTX 45,663]

Thanks for the update with the good news and for your exhaustive description. Best of luck with the next phases!