IMB RFE

[Elvis&Sky 26]

Hello! I need some help with this issue!

I received my RFE in the mail today and it says that the website my fiance and i met on, Plenty of Fish, is an IMB because it charges a fee to hook up U.S. citizens with foreigners, and it is asking for the contact info for the broker that my fiancé used. Neither my fiance nor I consulted a marriage broker, and we only used the free services of the website, not the paid services. I tried contacting POF, but I have heard nothing back, and the affiliated company, Match,com, is being less than hopeful.

The only thing I can think of to do, is to include the TOS from Plenty of Fish, even though I can't see where it specifically states it's not a broker, and the requirements of the IMB Act, highlighting that POF does not meet the requirements to be an international marriage broker. I was also thinking to include an expanded explanation of how we met, and that I was not able to get in contact with POF, and maybe include a signed statement from my fiance, stating that he did not use a broker.

Is there anything else I cnan do to help my case??

[Tricked 33]

I think the below section of the terms of service, is evidence it's not a marriage broker.

But wait for someone with more knowledge of the legal aspects to confirm.

https://www.pof.com/terms.aspx

INTERACTIONS WITH OTHER MEMBERS

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT PLENTYOFFISH CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. PLENTYOFFISH ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. PLENTYOFFISH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. PLENTYOFFISH RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

IN NO EVENT SHALL PLENTYOFFISH BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT PLENTYOFFISH MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.

[Elvis&Sky 26]

Thanks!!! I was thinking maybe that is it, but I wasn't sure! I just want this to be over with and move on to the next step in this soul killing process lol

[Everlast 49]

" Soul Killing Process" - Only if you want it to kill your soul.

Please persevere!! Quitters don't win, Winners do not quit!!!

But this made me laugh a bit. Do not get me wrong.

[phd1974 17]

You should also submit a short explanation to include with the TOS, that is easily understandable about why there is no marriage broker involved.

Definition of an International Marriage Broker. “International marriage broker” is defined as an entity (whether or not U.S.-based) that charges fees for providing matchmaking services or social referrals between U.S. citizens/permanent residents and foreign nationals. The definition also exempts non-profit religious or cultural matchmaking services, and dating services that do not match U.S. citizens/residents with aliens as their principal business and that charge comparable rates and offer comparable services to all clients, regardless of gender or country of citizenship.

[Elvis&Sky 26]

" Soul Killing Process" - Only if you want it to kill your soul.

Please persevere!! Quitters don't win, Winners do not quit!!!

But this made me laugh a bit. Do not get me wrong.

Yeah, that's true. I definitely won't give up, I want to be with my fiancé already, so I will continue through with the visa process for sure! I want to be a winner lol

You should also submit a short explanation to include with the TOS, that is easily understandable about why there is no marriage broker involved.

Definition of an International Marriage Broker. “International marriage broker” is defined as an entity (whether or not U.S.-based) that charges fees for providing matchmaking services or social referrals between U.S. citizens/permanent residents and foreign nationals. The definition also exempts non-profit religious or cultural matchmaking services, and dating services that do not match U.S. citizens/residents with aliens as their principal business and that charge comparable rates and offer comparable services to all clients, regardless of gender or country of citizenship.

Good idea. I can add it to the explanation of how we met. Thank you!! I wonder if I can include some more evidence of our ongoing relationship, or maybe I should just stick to responding to the RFE specifically....

[phd1974 17]

Only respond to the RFE ... you don't want something like an additional photo that the officer looks at and then has more questions because of something in the photo ... or something. Only provide the content that they are asking for.

[Elvis&Sky 26]

I drafted a letter to send with the rfe response. How does it sound?

I met my fiancé, Elvis xxxxxxxx, May 12, 2015 on the Plenty of Fish website. Plenty of Fish is a dating website that provides both free and paid services, of which I only used the free services. I had no interaction with any person or employee at POF that matched me with my current fiancé, nor have I paid any broker. I browsed the site at my own free will without guidance from any POF personnel, and when I started communicating with my current fiancé, again it was of my own free will.

I, Shakyra xxxxxxx, do state that Plenty of Fish is not an International Marriage Broker, and have attached a copy of the Terms of Service as proof. The IMBRA states,

Definition of an International Marriage Broker. “International marriage broker” is defined as an entity (whether or not U.S.-based) that charges fees for providing matchmaking services or social referrals between U.S. citizens/permanent residents and foreign nationals. The definition also exempts non-profit religious or cultural matchmaking services, and dating services that do not match U.S. citizens/residents with aliens as their principal business and that charge comparable rates and offer comparable services to all clients, regardless of gender or country of citizenship.

Therefore, POF is not an international marriage broker because it offers the same services to all countries and is not exclusive for the United States. It also offers the same rates for these services to all individuals, regardless of country of citizenship or gender. Plenty of Fish (POF) is not included in IMBRA due to those reasons. It is also not their principal business to provide services between the United States and foreign nationals as POOF provides services to citizens of all countries on an equal basis.

Regards,

Shakyraxxxxxxx

[phd1974 17]

You should look at this post as well to get ideas on how to formulate what you want to say.

http://www.visajourney.com/forums/topic/288075-i-129f-question-international-marriage-broker/

... and I would underline the part in the IMB definition about dating ... and you put POOF in there , instead of POF

[Elvis&Sky 26]

You should look at this post as well to get ideas on how to formulate what you want to say.

http://www.visajourney.com/forums/topic/288075-i-129f-question-international-marriage-broker/

... and I would underline the part in the IMB definition about dating ... and you put POOF in there , instead of POF

Thanks!! I saw that thread yesterday and it gave me a good idea! I sent off my response today, and I haven't heard from POF. So I restructured the letter, and erased POOF hahahahaha!!! Also I found an article online from a law service that states the requirements of online international marriage brokers, one of them being that they must run background checks, and check sex offender registries. So I highlighted that, and then highlited the part in the TOS that says they currently do not run background. I also wrote a letter signed by me stating that I didn't use an IMB.

Hopefully, that's enough info for them to decide that we didn't use an IMB!! Now I just wait...

[phd1974 17]

good luck

[Pitaya 2,577]

~Unrelated post moved to own thread.~

Pitaya

VJ Moderation

[Anything for Love 1]

Did your fiancé got the visa after all this?

[Elvis&Sky 26]

5 minutes ago, Geabel said:

Did your fiancé got the visa after all this?

He did! And he received his green card earlier this year, so no more paperwork for a while...

[Arnesh28 0]

On 3/22/2016 at 9:55 AM, Elvis&Sky said:

Thanks!! I saw that thread yesterday and it gave me a good idea! I sent off my response today, and I haven't heard from POF. So I restructured the letter, and erased POOF hahahahaha!!! Also I found an article online from a law service that states the requirements of online international marriage brokers, one of them being that they must run background checks, and check sex offender registries. So I highlighted that, and then highlited the part in the TOS that says they currently do not run background. I also wrote a letter signed by me stating that I didn't use an IMB.

Hopefully, that's enough info for them to decide that we didn't use an IMB!! Now I just wait...

Hi may i ask u if u dont mind because we have a same issue about your post i met my fiance in pof and were asking for IMBRA that to make sure pof not a marriage broker..how did u through about your case? Thank u