Elena's Models about 
the new USA law on dating agencies
(The International Marriage Broker Regulation Act)

• Special announcement, 10 March 2006

• Frequently Asked Questions

Special announcement, 10 March 2006

We are still receiving some questions about the recently introduced Personal Disclosures for U.S.A. clients.

Let me give you some background on it first. 

The International Marriage Broker Regulation Act (IMBRA) was initially introduced in Congress in 2003 and its sponsors were unable to pass it for more than 2 years. In December 2005 however they "plugged it into" the universally applauded Violence Against Women and Children Act (VAWA), which was up for renewal. The voting happened in Congress on December 17th, the last day before Christmas holidays, without any hearing or debating. Thus IMBRA, which became a non-obtrusive Subtitle "D" to VAWA, got voted to life.

On January 5, 2006, President Bush signed VAWA (and IMBRA) with the enacting date of 6 March 2006, thus making it a fully valid law. 

From 6 March 2006 Elena's Models comply with this law in regard to our USA clients by requesting a Personal Disclosure form to be filled out on the site, which will be sent to all the ladies you want to contact, as according to the law. Elena's Models check the collected data against the database of sexual offenders (http://www.nsopr.gov) and presents the contents of the Personal Disclosure Statement in the native language of the lady. (PLEASE NOTE: Non-USA clients do not have to provide Disclosures and their service operates exactly in the same manner as before.) 

Fair or not, the law was voted to life by the Congress and signed by the President of the United States, and Elena's Models strive to comply with all applicable and relevant laws of all countries where we operate. We are a fully-licensed Introduction Agent of the State of Queensland, Australia, and we will NEVER intentionally violate any law of any country.

Fortunately for you, the latest edition of the law allows for the disclosure forms to be filled in and signed electronically, much in the same fashion you sign the website's Terms and Conditions when register.

This is quite simple and doesn't take lots of time.
It is easy for the ladies to sign your release form - they receive and sign your disclosure form online, and once they've done it, you can communicate without any problems.

You as a USA client will need to fill in the disclosure form only ONCE. (If you are from other country than USA, you do NOT need to fill in any disclosure forms. The law is not applicable to you. The distinction is done by the software by the field "Location" in your profile.)

Every time you want to contact a new lady, she will receive your disclosure form and she will be able to sign it online with one click of mouse. If she answers you positively, you can obtain her personal information or start communication through the website. We ask ladies to answer Personal Disclosures first, before doing anything else - reading messages, writing to men etc.

From your side, the main difference is that you need to fill in the disclosure form once.

As you know, Elena's Models ask the question about your criminal record for already more than a year in its standard form, and as unpleasant as it can be answering those questions, at the end of the day, honesty in relationships is the best policy.

We feel that having answers to those questions can actually make ladies more comfortable and secure in your communication, and it can be your great advantage.

I hope that this information makes you feel more comfortable knowing that Elena's Models is complying with the new law and your relationships with our ladies can still continue.

If you have any questions regarding the new law, you are welcome to contact us at Help Desk.

Regards,

Elena Petrova
ELENA'S MODELS
http://www.elenasmodels.com 

Frequently Asked Questions

• Elena's Models is not located in the USA. Why do you have to comply with the USA law?

• The new law was challenged in the court of law and I have heard it was suspended. Why do you still require Disclosures?

• Why do you say it is easier for Elena's Models to comply with the new law than for other agencies?

• If I have met someone through your website before 6 March 2006, will my relationship be affected by the new law?

• I saw USA-based agencies state they no longer serve non-USA clients. How about Elena's Models?

• I had a Driving Under Influence traffic violation many years ago. Will it be a problem?

• The new law is good in the respect that it protects the women but what about the men. What type of screening does Elena's Models do when a woman signs up?

• I want to open an email from a lady but she hasn't accepted my Disclosure yet. Can you let her know about that?

• I have been corresponding with a lady I met on your site for a while. I am going to visit her in the Ukraine. My question is what do we need to do to "document" my visit if we decide later to apply for a bridal visa for her?

• I don't know what the big upset is about this new law. I personally like it.
  

Q: Elena's Models is not located in the USA. Why do you have to comply with the USA law?

As we said, fair or nor, the law is the law is the law, and Elena's Models strive to comply with all relevant and applicable laws of all countries where we operate. 

The law imposes harsh penalties on dating agencies that are not complying with it (up to $25,000 fine or up to 5 years imprisonment, or both, for EACH infringement), whether or not they are located in the U.S.A. In other words, if a foreign-based agency dealing with American clients does not comply with the law, it can be sued and penalties can be imposed on it. Thus, any foreign-based agency has to comply with the law in their procedure in regard to serving American clients.

Another factor to consider is the change to immigration procedure, according to which a violation of this law can result in refusal of your fiancee visa petition down the line.

I have discussed this law with an immigration attorney Gary Bala, and he kindly commented on its provisions. 

According to the law, EVERY foreign fiance/fiancee will have to answer during the visa interview the question whether or not he/she met their USA boyfriend/girlfriend via a dating agency, and if yes, then they will have to disclose what dating agency it was and whether the agency was complying with the new law. 

Those questions are MANDATORY for all fiancee visa and spouse visa interviews for an entry visa to the USA.

If the dating agency was not complying with the new law, your visa petition may be considered invalid as the rights of the foreign fiance/fiancee were violated. 

Thus, there is a real possibility that if you meet someone through a dating agency that wasn't complying with the new law, you may NOT be able to bring her to the USA.

If the dating agency you are using does not require a Disclosure from you, they are probably violating the law. Ask them for a copy of the court restraining order that allows them not to comply with the law. See more information here

Q: The new law was challenged in the court of law and I have heard it was suspended. Why do you still require Disclosures?

A: The new law was indeed challenged in the court of law and the agency that filed the lawsuit (European Connections) received a temporary restraining order under which they were not obliged to ask for Disclosures, and for a few months this agency didn't request Personal Disclosure Statements from its clients. This restraining order has been lifted since. Now all agencies have to request a Personal Disclosure Statement from their U.S.A. clients.

If the agency you are using does not require a Disclosure from you, they ARE violating the law. As far as we know, no other agency was granted a restraining order although such attempts were made. Which means clearly, if your agency does not ask you for a Disclosure, the future of your relationship on their website is uncertain as it may be considered invalid when you file for a fiancee visa for your foreign girlfriend. 

According to the law, EVERY foreign fiance/fiancee will have to answer during the visa interview the question whether or not he/she met their USA boyfriend/girlfriend via a dating agency, and if yes, then they will have to disclose what dating agency it was and whether the agency was complying with the new law. 

Those questions are MANDATORY for all fiancee visa and spouse visa interviews for an entry visa to the USA. The authorities may also ask you what ID number/user name you had on the website, and may even contact the dating agency to confirm you were a part of their service.

If the dating agency was not complying with the new law, your visa petition may be considered invalid as the rights of the foreign fiance/fiancee were violated. 

Thus, there is a real possibility that if you meet someone through a dating agency that wasn't complying with the new law, you may NOT be able to bring her to the USA.

If you are unhappy with the request to provide a Disclosure, and consider it to be a violation of your rights to freedom of speech, freedom of association and privacy, please contact us at Help Desk and we will be happy to collect your affidavit to use in challenging the new law. You will need to provide your full name, contact details and the reasons why you consider this law unfair.

Q: Why do you say it is easier for Elena's Models to comply with the new law than for other agencies? 

A: On Elena's Models, women have direct access to their accounts - they check their messages themselves, change their profiles, upload new photos, write to men etc -- all by themselves. We encourage our ladies to write men in English, learn using computer and generally promote independent use of the service. Most other agencies don't give women access to their accounts. 

Q: If I have met someone through your website before 6 March 2006, will my relationship be affected by the new law?

A: Any relationships entered into before 6 March 2006 are not affected in terms of providing a personal disclosure BEFORE starting communication (you have already STARTED your communication, so you are ALREADY communicating personally). 

Elena's Models consider a relationship as having been established before the date if: 

• The lady has sent you a message through the website (she emailed you first, or answered your email) and you are NOT on her "Blocked senders" list.

In this case (ONLY!), we consider a relationship established and your communication will not be interrupted.

So, if you have sent an email through our website's messaging system (button "Email me") and the lady responded positively (she didn't use the function "Send polite "NO" and didn't block your emails), there will be NO change to your communication through our website from 6 March 2006.

If you simply retrieved the lady's address, this will not be considered as an established communication because there is no record on our site that the lady have agreed on receiving further communication from you. You will be able to continue your communication if you communicate with her directly by email or phone, but if you want to email her through the site, you will be required to send her a personal disclosure first (this will be provided automatically by our system once you fill in the Personal Disclosure form).

We have checked with an immigration attorney and we believe you are not obliged to provide any personal disclosure if you have met or started communication with a lady prior to 6 March 2006, but you are free to do so in your personal communication if you feel it's the right thing to do. Elena's Models encourages you to provide a personal disclosure to the ladies you are already communicating with.

Q: I saw USA-based agencies state they no longer serve non-USA clients. How about Elena's Models?

A: Elena's Models continues to serve both our USA and non-USA clients.

Q: I had a Driving Under Influence traffic violation many years ago. Will it be a problem?

A: We are providing a special space on the disclosure form to explain the violation, if you had any. You will be able to include any relevant information there. Although nothing in the law says that having certain violations will be the reason for refusing you in an entry visa for your fiancee. You are only required to provide a disclosure about having the violation.

Q: The new law is good in the respect that it protects the women but what about the men. What type of screening does Elena's Models do when a woman signs up?

A: Women undertake a complete background check at the time of you filing for the fiancee visa to enter USA. 

When women apply to Elena's Models, we check their profiles to ensure they exist and sincerely look for a man to share their lives with. Elena's Models does not collect any special personal disclosure information in regard to women-applicants, except what is listed in their profiles, nor it is required to do so. The new law only requires background disclosure from USA clients (both men and women). You are free to request any information you are interested in from women during your correspondence.

Q: I want to open an email from a lady but she hasn't accepted my Disclosure yet. Can you let her know about that?

A: If you see the warning that you cannot read a certain email because this lady hasn't approved your personal disclosure statement yet, this means the lady has been sent a copy of your Disclosure already but she has not approved it yet. She also sees the warning she needs to approve your Disclosure when she logs into her account. If you would like to speed up the process, you can also send her an Expression of Interest, (a copy of Disclosure Statement is dispatched along with Expression of Interest). Women tend to answer EOI’s faster because their response rate is displayed on the site. 
(Read more about Expression of Interest service)


Q: I have been corresponding with a lady I met on your site for a while. I am going to visit her in the Ukraine. My question is what do we need to do to "document" my visit if we decide later to apply for a bridal visa for her? 

A: According to our information, you should save *everything* that is related to your relationship and not only to your visit overseas: your letters, emails, receipts for parcels, phone bills, your plane tickets, tickets to the places you visit together, your hotel bills, etc, etc. In our knowledge, the more documents you can produce that prove the length and intensity of your relationship, the easier it goes on the visa interview. It also helps if you attend the visa interview together with her, and if you have visited her several times, or have met in other countries (for example, you spent a vacation together).

Q: I don't know what the big upset is about this new law. I personally like it because it will protect the ladies from unscrupulous men just as the men have been somewhat protected from unscrupulous ladies. I wouldn't want to deal with an agency that didn't comply to this law because it would tell me that they must have something to hide.

A: We agree that the new law is not much trouble for good men although some people who had unfair arrests in the past (not leading to conviction) may suffer from it, and some people say the obligation to report arrests that didn't lead to conviction violates the individual's right to be considered innocent until proven guilty. Also some men could have violations or convictions many years ago, like 20 or 30 years ago when they were young, and now they have to report those offences, which they are not required to report anywhere else inside the U.S.

Also the new law is quite a change for dating agencies; there are lots of logistics involved in order to translate men's disclosure statements (they have to be presented to ladies in their native language), get them to sign the release and convey this information back to the man. We believe Elena's Models is in a fortunate position to handle this change smoothly because we have an appropriate system in place and ladies communicate through our site with men directly. Some other sites using agents to handle (and sometimes even answer) men's letters face a bigger challenge, as well as websites where men didn't fill in personal profiles. We again note here that this is a fully valid law and if your dating agency does not require a Disclosure from you, they are probably violating the law. Ask them for a copy of the court restraining order that allows them not to comply with the law. See more information here.

We understand your concerns and we want to assure you that we at Elena's Models are doing our best to ensure the transition to complying with the new law is as smooth as possible for both our male and female clients. Thank you for your continuous support.

READ ALSO:

• Wendy McElroy (the editor of iFeminist): Mail Order Bride Law Brands U.S. Men Abusers - The much-debated International Marriage Broker Regulation Act became an attachment to The Violence Against Women Act, which was signed by President Bush on January 5, 2006. Wendy McElroy (The American Daily) questions the value of such inclusion: “Government violates the privacy of its own citizens to benefit foreign individuals. … The "Ugly American" has become an article of federal law, supported by Congress.” 

• Immigration attorney Gary Bala: International marriage broker law and what it means for you - This law was passed on a voice vote after hours before Christmas weekend. It is speculated that many Congress members were not even aware they were voting for IMBRA, as it was quietly tucked as Subtitle "D" into the universally admired Violence Against Women Act, which was up for renewal.

Disclaimer: This page was compiled by Elena's Models for information purposes only, and does not constitute legal advice. For legal advice, please contact an immigration lawyer.