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New laws and regulations applying to American Marriage agencies (H.R. 3402)

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Posted by: clever1

I came across this heading on a profile page, I wondered if anyone else has seen or heard of it ?

IMPORTANT!! THE BACKDOOR LAW THAT SABOTAGES INTERNATIONAL ROMANCE Dear Clients, please try to buy all addresses you need and spend all your addresses credits before March 1, 2006. Dear Non-USA clients, try to spend your addresses credits and mail-forwarding funds and establish a direct contact with the lady of your choice before this date. We won't be able to serve non-USA clients since March 2006 when most of the law's provisions go into effect. The law's intent is honorable, but it makes impossible for us to serve Non-USA clients after March 6 and serving USA clients is becoming much more complicated. According to this new law, we are required to check the National Sex Offender public registry and state public registry for each specific U.S. client, and to gather mandatory background information and documents on that particular U.S. client's past criminal history, including prostitution offenses, past domestic violence history, past marital and divorce history, past visa petition history, ages of any children under age 18, and all states and countries where the U.S. client lived since age 18. We must then provide that information to the lady in her native language and secure a signed, written consent from her before releasing her personal contact information to that specific U.S. client.

http://www.russian-women.net/ladies/ry1864.shtml

thats the web address I found it at.

John


Posted by: bingism

Glad to see you're not going for the "model" types we all get warned about... lol


Posted by: clever1

Quote:
Originally Posted by bingism
Glad to see you're not going for the "model" types we all get warned about... lol



Its on every profile page on that site, I just happened to copy it from that page.
But its the only site Iv'e seen it on, thats why I'm asking if anyone else has seen or heard of it.

John


Posted by: cedarwind

I looked on EM and they seem to know nothing of the rule?


Posted by: luckylucky

From what I can gather guys, this is a new regulation brought in by George W. I think it applies only to US based agencies and US citizens.

The webpage we are talking about is from an agency which is part of the Angelika network but it is a US agency. The UK based agencies do not have that warning on:

http://www.russian-brides-agency.co...es/ry1864.shtml

luckylucky


Posted by: Chrismc

It's a NEW US Law

International Marriage Broker Regulation Act of 2005

WHAT IS THIS NEW LAW? WHAT DROVE IT?...

Based on a very few unfortunate cases around the country of a foreign lady spouse who became a victim of domestic abuse, Congress passed a law to, understandably, offer some protection for these immigrant women. The law was passed as part of the passage of the Violence Against Women Act Reauthorization of 2005.

The new law is called the "International Marriage Broker Regulation Act of 2005". It requires all U.S. gentlemen who petition for a fiancee or spousal visa to provide more personal background information to Immigration Service and the State Department than ever before. It creates more restrictions in the process such as the number of fiancee or spousal petitions one can file, and how quickly a gentleman can file some visa petitions.

The law also requires a U.S. gentleman who wishes to meet his future fiancee or spouse through an "International Marriage Broker" to first submit extensive personal background information to the broker agency. The broker must then share that information with a future lady fiancee or spouse who must consent before the couple can start a communication and relationship.

WHY IS THIS LAW IMPORTANT? WHAT DOES IT MEAN FOR ME?

For the foreign ladies, the law is important because it tries to protect immigrant women by allowing them to review a potential gentleman suitor's background before starting a relationship. For the gentlemen, it means that they must be prepared to forego some privacy and offer some extensive background data. Perhaps, the best way to view this law is simply to acknowledge the obvious: in the long run, full disclosure is the best "relationship" policy.

WHAT EXACTLY ARE SOME OF THE PROVISIONS?

Some highlights of the new law:

1. NEW PETITION FORMS: New I-129F Fiancee and Spousal Visa petitions will require that the petitioner provide information on his criminal convictions for specified crimes, including violent offenses, domestic abuse and sexual assualt.

2. LIMIT ON NUMBER OF PETITIONS: Some petitioners will need to wait before they can successfully file for a fiancee visa. For example, if you filed two (2) or more fiancee visa petitions in the past, and at least one of them was approved, you must wait two (2) years from the filing date of the last approved petition before you can be successfully approved for another fiancee visa petition. (Exception: Under some circumstances, a petitioner may be able to obtain a "waiver".)

3. MULTIPLE VISA PETITION DATABASE: Any person approved for a second visa petition or filing a third visa petition will be notified by Immigration that their case has been put into a special visa petition database which will track multiple petition filers and help identify those who might be abusing the system.

4. DOMESTIC VIOLENCE PAMPHLET BROCHURE: Homeland Security will develop and make available on USCIS, State Department and Embassy websites a domestic violence pamphlet brochure in 14 languages and revised every 2 years which discusses the visa process, adjustment of status, conditional residency, marriage and visa fraud, domestic violence abuse rights, where and how to get help and other warnings and notifications.

5. CONSULAR INTERVIEW: The Consular Officer at interview will provide the visa applicant with a copy of the fiancee or spousal petition, and information and documents in her native language on any past marital and divorce history, past criminal history and past domestic violence history of the petitioner. The Consular Officer will also answer any questions about the domestic violence pamphlet brochure. The Consular Officer will also ask the visa applicant if the relationship was facilitated by an International Marriage Broker and , if so, confirm that the broker provided the applicant with information or documents about the petitioner's background.

6. REGULATION OF INTERNATIONAL MARRIAGE BROKERS (IMBs): IMBs are required to check the National Sex Offender public registry and state public registry for each specific U.S. client, and to gather mandatory background information and documents on that particular U.S. client's past criminal history, including prostitution offenses, past domestic violence history, past marital and divorce history, past visa petition history, ages of any children under age 18, and all states and countries where the U.S. client lived since age 18. IMBs must then provide that information to the foreign client lady in her native language and secure a signed, written consent from her before releasing her personal contact information to that specific U.S. client. The law imposes stiff civil and criminal penalties of up to $25,000 and up to 5 years in federal prison for each broker violation.

WHEN DOES THE LAW GO INTO EFFECT? WHAT SHOULD I DO?

Most of the new law's provisions go into effect in sixty (60) days after date of enactment, which is early March 2006. The bottom line for gentlemen and foreign ladies with an international romance and courtship is, if possible, to finalize their engagement and file their visa petitions as soon as possible.

WHAT IF I DISAGREE WITH THIS LAW? HOW DO I COMPLAIN ABOUT IT?

Many gentlemen value their rights of privacy. Many gentlemen feel that this new law might unduly impinge on their rights of free speech and free association as U.S. citizens. Perhaps, the law may also intrude on equal protection rights of U.S. citizens who are required to provide extensive background data for foreign romances but not for domestic dating. If you wish to register and voice your concerns and complaints about this law, please contact your federal Senator's or local Congressman's office.

SEE THIS LINK FOR HELP:

Contacting the Congress

WHAT NEXT?

Needless to say, this new law mandates a significant change in the way the fiancee and spousal visa process will take place. It poses new challenges to brokers, U.S. clients and foreign clients alike in the international romance field. In the coming days and weeks, we will together monitor and follow the roll-out of this new law. Your comments, suggestions and ideas are welcome.





Gary Bala
USA Immigration Attorney


Posted by: Chrismc

President Signs H.R. 3402, the "Violence Against Women and Department of Justice Reauthorization Act of 2005"






On January 5, 2006, the President has signed into law:

H.R. 3402, the "Violence Against Women and Department of Justice Reauthorization Act of 2005," which reauthorizes the Violence Against Women Act for FYs 2007-2011, makes amendments to criminal and immigration law, consolidates major law enforcement grant programs and authorizes appropriations for the Department of Justice for FYs 2006-2009.


http://www.whitehouse.gov/news/releases/2006/01/20060105-3.html


Posted by: bingism

So this is a US thing???? Oh to live in the World's great democracy... another case of "the actions of a few interrupt the lives of many"... it's the same in Blighty


Posted by: inlove

So, it is more hustle for the groom to go through, but at the end the law is intended to provide more information to the foreign party, so they can make their decision about the marriage with open eyes. Before this law the woman could not find out about his shady background sometimes before it is too late.

For the foreign ladies, the law is important because it tries to protect immigrant women by allowing them to review a potential gentleman suitor's background before starting a relationship. For the gentlemen, it means that they must be prepared to forego some privacy and offer some extensive background data. Perhaps, the best way to view this law is simply to acknowledge the obvious: in the long run, full disclosure is the best "relationship" policy.


Posted by: bingism

Quote:
Originally Posted by inlove
: in the long run, full disclosure is the best "relationship" policy.

100% InLove... I had vague ideas to hide some of my past! Wasn't worth the effort... everything on the table = a better relationship


Posted by: neil277

Hello.

This is good news, i am thankfull.

Ýòî õîðîøèå íîâîñòè! ß áëàãîäàðíà Áóøó èëè Ïóòèíó, èëè èì âìåñòå âçÿòûì.

Ñ íàèëó÷øèìè ïîæåëàíèÿìè, Íàòàøà.


Posted by: Khashyar

I think that since essentially all of us have never been arrested for abusing a spouse or other serious crimes, that we have nothing to worry about.

It might be more of a hastle for men applying for a fiance petition, but it does offer more protections for a foreign fiance.

However, the added requirements will make it much more difficult for "Marriage Brokers" to operate in the U.S., and I have a feeling that most Russian Agencies will move outside of the U.S.

However, my questions is what constitutes a "marriage borker"? Is yahoo.com a marriage broker since they facilitate many Russian-American relationships.

I remember reading soemwhere that match.com, yahoo and other large online dating agencies have been specifically excluded from these rules.

I know that if these ruels go into effect and apply to personals like the RMP personals, then Lena and I will definitely close our personals because of the added burdens and responsibilities.

Khashyar

Quote:
Originally Posted by inlove
So, it is more hustle for the groom to go through, but at the end the law is intended to provide more information to the foreign party, so they can make their decision about the marriage with open eyes. Before this law the woman could not find out about his shady background sometimes before it is too late.

For the foreign ladies, the law is important because it tries to protect immigrant women by allowing them to review a potential gentleman suitor's background before starting a relationship. For the gentlemen, it means that they must be prepared to forego some privacy and offer some extensive background data. Perhaps, the best way to view this law is simply to acknowledge the obvious: in the long run, full disclosure is the best "relationship" policy.



Posted by: Meico

Women in the US have the ability and the tools available to them to do background checks on prospective US partners before they accept a proposal. I think these precious women from FSU countries should have access to the same information before they give up their families, homeland, and friends to travel half way around the world and find themselves in a strange country with a less than desirable loser. They are entitled to and deserve the same protection as AW.

The majority of the burden seems to fall on the agencies which means they will have to earn their money the old fashion way…work for it. Who knows, in the long run it may even have a positive effect on the problem of scams? (the only limits are those of vision)

An honest man with sincere intentions will only have a few extra steps in the sometimes lengthy process of finding and meeting a FSU woman.

Our government makes the women of FSU countries jump through man “acceptability” hoops before they are granted a face to face interview for a visa. Seems only fair to me that they should only be courted by “acceptable” men.


Posted by: Khashyar

By the way, here is the full text of the bill:

http://www.govtrack.us/congress/bil...?bill=h109-3402


Posted by: Khashyar

This is the information that I found that specifically applies to American-based "international marriage brokers"--

Quote:

SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR
IMMIGRANTS AND REGULATION OF INTERNATIONAL
MARRIAGE BROKERS.
(a) INFORMATION FOR K NONIMMIGRANTS ON LEGAL RIGHTS
RESOURCES FOR IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE.--
AND
(1) IN GENERAL.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, shall develop an information pamphlet, as described
H. R. 3402--110

in paragraph (2), on legal rights and resources for immigrant
victims of domestic violence and distribute and make such
pamphlet available as described in paragraph (5). In preparing
such materials, the Secretary of Homeland Security shall con-
sult with nongovernmental organizations with expertise on the
legal rights of immigrant victims of battery, extreme cruelty,
sexual assault, and other crimes.
(2) INFORMATION PAMPHLET.--The information pamphlet
developed under paragraph (1) shall include information on
the following:
(A) The K nonimmigrant visa application process and
the marriage-based immigration process, including condi-
tional residence and adjustment of status.
(B) The illegality of domestic violence, sexual assault,
and child abuse in the United States and the dynamics
of domestic violence.
(C) Domestic violence and sexual assault services in
the United States, including the National Domestic
Violence Hotline and the National Sexual Assault Hotline.
(D) The legal rights of immigrant victims of abuse
and other crimes in immigration, criminal justice, family
law, and other matters, including access to protection
orders.
(E) The obligations of parents to provide child support
for children.
(F) Marriage fraud under United States immigration
laws and the penalties for committing such fraud.
(G) A warning concerning the potential use of K non-
immigrant visas by United States citizens who have a
history of committing domestic violence, sexual assault,
child abuse, or other crimes and an explanation that such
acts may not have resulted in a criminal record for such
a citizen.
(H) Notification of the requirement under subsection
(d)(3)(A) that international marriage brokers provide for-
eign national clients with background information gathered
on United States clients from searches of Federal and
State sex offender public registries and collected from
United States clients regarding their marital history and
domestic violence or other violent criminal history, but
that such information may not be complete or accurate
because the United States client may not have a criminal
record or may not have truthfully reported their marital
or criminal record.
(3) SUMMARIES.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, shall develop summaries of the pamphlet developed
under paragraph (1) that shall be used by Federal officials
when reviewing the pamphlet in interviews under subsection
(b).
(4) TRANSLATION.--
(A) IN GENERAL.--In order to best serve the language
groups having the greatest concentration of K non-
immigrant visa applicants, the information pamphlet devel-
oped under paragraph (1) shall, subject to subparagraph
(B), be translated by the Secretary of State into foreign
H. R. 3402--111

languages, including Russian, Spanish, Tagalog, Viet-
namese, Chinese, Ukrainian, Thai, Korean, Polish, Japa-
nese, French, Arabic, Portuguese, Hindi, and such other
languages as the Secretary of State, in the Secretary's
discretion, may specify.
(B) REVISION.--Every 2 years, the Secretary of Home-
land Security, in consultation with the Attorney General
and the Secretary of State, shall determine at least 14
specific languages into which the information pamphlet
is translated based on the languages spoken by the greatest
concentrations of K nonimmigrant visa applicants.
(5) AVAILABILITY AND DISTRIBUTION.--The information pam-
phlet developed under paragraph (1) shall be made available
and distributed as follows:
(A) MAILINGS TO K NONIMMIGRANT VISA APPLICANTS.--
(i) The pamphlet shall be mailed by the Secretary
of State to each applicant for a K nonimmigrant visa
at the same time that the instruction packet regarding
the visa application process is mailed to such applicant.
The pamphlet so mailed shall be in the primary lan-
guage of the applicant or in English if no translation
into the applicant's primary language is available.
(ii) The Secretary of Homeland Security shall pro-
vide to the Secretary of State, for inclusion in the
mailing under clause (i), a copy of the petition sub-
mitted by the petitioner for such applicant under sub-
section (d) or (r) of section 214 of such Act (8 U.S.C.
1184).
(iii) The Secretary of Homeland Security shall pro-
vide to the Secretary of State any criminal background
information the Secretary of Homeland Security pos-
sesses with respect to a petitioner under subsection
(d) or (r) of section 214 of such Act (8 U.S.C. 1184).
The Secretary of State, in turn, shall share any such
criminal background information that is in government
records or databases with the K nonimmigrant visa
applicant who is the beneficiary of the petition. The
visa applicant shall be informed that such criminal
background information is based on available records
and may not be complete. The Secretary of State also
shall provide for the disclosure of such criminal back-
ground information to the visa applicant at the con-
sular interview in the primary language of the visa
applicant. Nothing in this clause shall be construed
to authorize the Secretary of Homeland Security to
conduct any new or additional criminal background
check that is not otherwise conducted in the course
of adjudicating such petitions.
(B) CONSULAR ACCESS.--The pamphlet developed under
paragraph (1) shall be made available to the public at
all consular posts. The summaries described in paragraph
(3) shall be made available to foreign service officers at
all consular posts.
(C) POSTING ON FEDERAL WEBSITES.--The pamphlet
developed under paragraph (1) shall be posted on the
websites of the Department of State and the Department
of Homeland Security, as well as on the websites of all
H. R. 3402--112

consular posts processing applications for K nonimmigrant
visas.
(D) INTERNATIONAL MARRIAGE BROKERS AND VICTIM
ADVOCACY ORGANIZATIONS.--The pamphlet developed under
paragraph (1) shall be made available to any international
marriage broker, government agency, or nongovernmental
advocacy organization.
(6) DEADLINE FOR PAMPHLET DEVELOPMENT AND DISTRIBU-
TION.--The pamphlet developed under paragraph (1) shall be
distributed and made available (including in the languages
specified under paragraph (4)) not later than 120 days after
the date of the enactment of this Act.
(b) VISA AND ADJUSTMENT INTERVIEWS.--

(1) FIANCE(E)S, SPOUSES AND THEIR DERIVATIVES.--During
an interview with an applicant for a K nonimmigrant visa,
a consular officers shall--
(A) provide information, in the primary language of
the visa applicant, on protection orders or criminal convic-
tions collected under subsection (a)(5)(A)(iii);
(B) provide a copy of the pamphlet developed under
subsection (a)(1) in English or another appropriate lan-
guage and provide an oral summary, in the primary lan-
guage of the visa applicant, of that pamphlet; and
(C) ask the applicant, in the primary language of the
applicant, whether an international marriage broker has
facilitated the relationship between the applicant and the
United States petitioner, and, if so, obtain the identity
of the international marriage broker from the applicant
and confirm that the international marriage broker pro-
vided to the applicant the information and materials
required under subsection (d)(3)(A)(iii).
(2) FAMILY-BASED APPLICANTS.--The pamphlet developed
under subsection (a)(1) shall be distributed directly to
applicants for family-based immigration petitions at all con-
sular and adjustment interviews for such visas. The Depart-
ment of State or Department of Homeland Security officer
conducting the interview shall review the summary of the pam-
phlet with the applicant orally in the applicant's primary lan-
guage, in addition to distributing the pamphlet to the applicant
in English or another appropriate language.
(c) CONFIDENTIALITY.--In fulfilling the requirements of this
section, no official of the Department of State or the Department
of Homeland Security shall disclose to a nonimmigrant visa
applicant the name or contact information of any person who was
granted a protection order or restraining order against the peti-
tioner or who was a victim of a crime of violence perpetrated
by the petitioner, but shall disclose the relationship of the person
to the petitioner.
(d) REGULATION OF INTERNATIONAL MARRIAGE BROKERS.--
(1) PROHIBITION ON MARKETING CHILDREN.--An inter-
national marriage broker shall not provide any individual or
entity with the personal contact information, photograph, or
general information about the background or interests of any
individual under the age of 18.
(2) REQUIREMENTS OF INTERNATIONAL MARRIAGE BROKERS
WITH RESPECT TO MANDATORY COLLECTION OF BACKGROUND
INFORMATION.--
H. R. 3402--113

(A) IN GENERAL.--
(i) SEARCH OF SEX OFFENDER PUBLIC REGISTRIES.--
Each international marriage broker shall search the
National Sex Offender Public Registry or State sex
offender public registry, as required under paragraph
(3)(A)(i).
(ii) COLLECTION OF BACKGROUND INFORMATION.--
Each international marriage broker shall also collect
the background information listed in subparagraph (B)
about the United States client to whom the personal
contact information of a foreign national client would
be provided.
(B) BACKGROUND INFORMATION.--The international
marriage broker shall collect a certification signed (in writ-
ten, electronic, or other form) by the United States client
accompanied by documentation or an attestation of the
following background information about the United States
client:
(i) Any temporary or permanent civil protection
order or restraining order issued against the United
States client.
(ii) Any Federal, State, or local arrest or conviction
of the United States client for homicide, murder, man-
slaughter, assault, battery, domestic violence, rape,
sexual assault, abusive sexual contact, sexual exploi-
tation, incest, child abuse or neglect, torture, traf-
ficking, peonage, holding hostage, involuntary ser-
vitude, slave trade, kidnapping, abduction, unlawful
criminal restraint, false imprisonment, or stalking.
(iii) Any Federal, State, or local arrest or conviction
of the United States client for--
(I) solely, principally, or incidentally engaging
in prostitution;
(II) a direct or indirect attempt to procure
prostitutes or persons for the purpose of prostitu-
tion; or
(III) receiving, in whole or in part, of the pro-
ceeds of prostitution.
(iv) Any Federal, State, or local arrest or conviction
of the United States client for offenses related to con-
trolled substances or alcohol.
(v) Marital history of the United States client,
including whether the client is currently married,
whether the client has previously been married and
how many times, how previous marriages of the client
were terminated and the date of termination, and
whether the client has previously sponsored an alien
to whom the client was engaged or married.
(vi) The ages of any of the United States client's
children who are under the age of 18.
(vii) All States and countries in which the United
States client has resided since the client was 18 years
of age.
(3) OBLIGATION OF INTERNATIONAL MARRIAGE BROKERS WITH
RESPECT TO INFORMED CONSENT.--
(A) LIMITATION ON SHARING INFORMATION ABOUT FOR-
EIGN NATIONAL CLIENTS.--An international marriage broker
H. R. 3402--114

shall not provide any United States client or representative
with the personal contact information of any foreign
national client unless and until the international marriage
broker has--
(i) performed a search of the National Sex Offender
Public Registry, or of the relevant State sex offender
public registry for any State not yet participating in
the National Sex Offender Public Registry in which
the United States client has resided during the pre-
vious 20 years, for information regarding the United
States client;
(ii) collected background information about the
United States client required under paragraph (2);
(iii) provided to the foreign national client--
(I) in the foreign national client's primary lan-
guage, a copy of any records retrieved from the
search required under paragraph (2)(A)(i) or docu-
mentation confirming that such search retrieved
no records;
(II) in the foreign national client's primary
language, a copy of the background information
collected by the international marriage broker
under paragraph (2)(B); and
(III) in the foreign national client's primary
language (or in English or other appropriate lan-
guage if there is no translation available into the
client's primary language), the pamphlet developed
under subsection (a)(1); and
(iv) received from the foreign national client a
signed, written consent, in the foreign national client's
primary language, to release the foreign national cli-
ent's personal contact information to the specific
United States client.
(B) CONFIDENTIALITY.--In fulfilling the requirements
of this paragraph, an international marriage broker shall
disclose the relationship of the United States client to
individuals who were issued a protection order or
restraining order as described in clause (i) of paragraph
(2)(B), or of any other victims of crimes as described in
clauses (ii) through (iv) of such paragraph, but shall not
disclose the name or location information of such individ-
uals.
(C) PENALTY FOR MISUSE OF INFORMATION.--A person
who knowingly discloses, uses, or causes to be used any
information obtained by an international marriage broker
as a result of the obligations imposed on it under paragraph
(2) and this paragraph for any purpose other than the
disclosures required under this paragraph shall be fined
in accordance with title 18, United States Code, or impris-
oned not more than 1 year, or both. These penalties are
in addition to any other civil or criminal liability under
Federal or State law which a person may be subject to
for the misuse of that information, including to threaten,
intimidate, or harass any individual. Nothing in this section
shall prevent the disclosure of such information to law
enforcement or pursuant to a court order.
H. R. 3402--115

(4) LIMITATION ON DISCLOSURE.--An international marriage
broker shall not provide the personal contact information of
any foreign national client to any person or entity other than
a United States client. Such information shall not be disclosed
to potential United States clients or individuals who are being
recruited to be United States clients or representatives.
(5) PENALTIES.--
(A) FEDERAL CIVIL PENALTY.--
(i) VIOLATION.--An international marriage broker
that violates (or attempts to violate) paragraph (1),
(2), (3), or (4) is subject to a civil penalty of not less
than $5,000 and not more than $25,000 for each such
violation.
(ii) PROCEDURES FOR IMPOSITION OF PENALTY.--
A penalty may be imposed under clause (i) by the
Attorney General only after notice and an opportunity
for an agency hearing on the record in accordance
with subchapter II of chapter 5 of title 5, United States
Code (popularly known as the Administrative Proce-
dure Act).
(B) FEDERAL CRIMINAL PENALTY.--In circumstances in
or affecting interstate or foreign commerce, an international
marriage broker that, within the special maritime and
territorial jurisdiction of the United States, violates (or
attempts to violate) paragraph (1), (2), (3), or (4) shall
be fined in accordance with title 18, United States Code,
or imprisoned for not more than 5 years, or both.
(C) ADDITIONAL REMEDIES.--The penalties and rem-
edies under this subsection are in addition to any other
penalties or remedies available under law.
(6) NONPREEMPTION.--Nothing in this subsection shall pre-
empt--
(A) any State law that provides additional protections
for aliens who are utilizing the services of an international
marriage broker; or
(B) any other or further right or remedy available
under law to any party utilizing the services of an inter-
national marriage broker.
(7) EFFECTIVE DATE.--
(A) IN GENERAL.--Except as provided in subparagraph
(B), this subsection shall take effect on the date that is
60 days after the date of the enactment of this Act.
(B) ADDITIONAL TIME ALLOWED FOR INFORMATION PAM-
PHLET.--The requirement for the distribution of the pam-
phlet developed under subsection (a)(1) shall not apply
until 30 days after the date of its development and initial
distribution under subsection (a)(6).
(e) DEFINITIONS.--In this section:
(1) CRIME OF VIOLENCE.--The term ``crime of violence'' has
the meaning given such term in section 16 of title 18, United
States Code.
(2) DOMESTIC VIOLENCE.--The term ``domestic violence'' has
the meaning given such term in section 3 of this Act.
(3) FOREIGN NATIONAL CLIENT.--The term ``foreign national
client'' means a person who is not a United States citizen
or national or an alien lawfully admitted to the United States
for permanent residence and who utilizes the services of an
H. R. 3402--116

international marriage broker. Such term includes an alien
residing in the United States who is in the United States
as a result of utilizing the services of an international marriage
broker and any alien recruited by an international marriage
broker or representative of such broker.
(4) INTERNATIONAL MARRIAGE BROKER.--
(A) IN GENERAL.--The term ``international marriage
broker'' means a corporation, partnership, business, indi-
vidual, 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 facili-
tating communication between individuals.
(B) EXCEPTIONS.--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.
(5) K NONIMMIGRANT VISA.--The term ``K nonimmigrant
visa'' means a nonimmigrant visa under clause (i) or (ii) of
section 101(a)(15)(K) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(K)).
(6) PERSONAL CONTACT INFORMATION.--
(A) IN GENERAL.--The term ``personal contact informa-
tion'' means information, or a forum to obtain such informa-
tion, that would permit individuals to contact each other,
including--
(i) the name or residential, postal, electronic mail,
or instant message address of an individual;
(ii) the telephone, pager, cellphone, or fax number,
or voice message mailbox of an individual; or
(iii) the provision of an opportunity for an in-person
meeting.
(B) EXCEPTION.--Such term does not include a photo-
graph or general information about the background or
interests of a person.
(7) REPRESENTATIVE.--The term ``representative'' means,
with respect to an international marriage broker, the person
or entity acting on behalf of such broker. Such a representative
may be a recruiter, agent, independent contractor, or other
international marriage broker or other person conveying
information about or to a United States client or foreign
national client, whether or not the person or entity receives
remuneration.
H. R. 3402--117

(8) STATE.--The term ``State'' includes the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Northern Mariana Islands.
(9) UNITED STATES.--The term ``United States'', when used
in a geographic sense, includes all the States.
(10) UNITED STATES CLIENT.--The term ``United States
client'' means a United States citizen or other individual who
resides in the United States and who utilizes the services
of an international marriage broker, if a payment is made
or a debt is incurred to utilize such services.
(f) GAO STUDY AND REPORT.--
(1) STUDY.--The Comptroller General of the United States
shall conduct a study--
(A) on the impact of this section and section 832 on
the K nonimmigrant visa process, including specifically--
(i) annual numerical changes in petitions for K
nonimmigrant visas;
(ii) the annual number (and percentage) of such
petitions that are denied under subsection (d)(2) or
(r) of section 214 of the Immigration and Nationality
Act (8 U.S.C. 1184), as amended by this Act;
(iii) the annual number of waiver applications sub-
mitted under such a subsection, the number (and
percentage) of such applications granted or denied,
and the reasons for such decisions;
(iv) the annual number (and percentage) of cases
in which the criminal background information collected
and provided to the applicant as required by subsection
(a)(5)(A)(iii) contains one or more convictions;
(v) the annual number and percentage of cases
described in clause (iv) that were granted or were
denied waivers under section 214(d)(2) of the Immigra-
tion and Nationality Act, as amended by this Act;

(vi) the annual number of fiance(e) and spousal
K nonimmigrant visa petitions or family-based
immigration petitions filed by petitioners or applicants

who have previously filed other fiance(e) or spousal
K nonimmigrant visa petitions or family-based
immigration petitions;

(vii) the annual number of fiance(e) and spousal
K nonimmigrant visa petitions or family-based
immigration petitions filed by petitioners or applicants

who have concurrently filed other fiance(e) or spousal
K nonimmigrant visa petitioners or family-based
immigration petitions; and
(viii) the annual and cumulative number of peti-
tioners and applicants tracked in the multiple filings
database established under paragraph (4) of section
214(r) of the Immigration and Nationality Act, as
added by this Act;
(B) regarding the number of international marriage
brokers doing business in the United States, the number
of marriages resulting from the services provided, and the
extent of compliance with the applicable requirements of
this section;
(C) that assesses the accuracy and completeness of
information gathered under section 832 and this section
H. R. 3402--118

from clients and petitioners by international marriage bro-
kers, the Department of State, or the Department of Home-
land Security;
(D) that examines, based on the information gathered,
the extent to which persons with a history of violence
are using either the K nonimmigrant visa process or the
services of international marriage brokers, or both, and
the extent to which such persons are providing accurate
and complete information to the Department of State or
the Department of Homeland Security and to international
marriage brokers in accordance with subsections (a) and
(d)(2)(B); and
(E) that assesses the accuracy and completeness of
the criminal background check performed by the Secretary
of Homeland Security at identifying past instances of
domestic violence.
(2) REPORT.--Not later than 2 years after the date of enact-
ment of this Act, the Comptroller General shall submit to
the Committee on the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of Representatives a
report setting forth the results of the study conducted under
paragraph (1).
(3) DATA COLLECTION.--The Secretary of Homeland Secu-
rity and the Secretary of State shall collect and maintain the
data necessary for the Comptroller General of the United States
to conduct the study required by paragraph (1).
(g) REPEAL OF MAIL-ORDER BRIDE PROVISION.--Section 652 of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104208; 8 U.S.C. 1375) is
hereby repealed.



Posted by: Khashyar

The new American law goes into effect 60 days after it was passed (January 5, 2006).

So, American-based Russian Marriage agencies will have to comply as of approximately March 5, 2006.

We will see how this affects the U.S.-based marriage agencies like "A Foreign Affair."

I know that the law does NOT apply to a "Russian" marriage agency if it does not charge its clients.

But, I feel that this will probably affect American-based agencies, as it is time-consuming and costly to check the background of every many who registers with an agency.

Again, since Lena and I charge very little for the use our Personals, and we do not have the time to check every man's background, we will most likely close the RMP personals.

But, of course, our website and forum will remain open and free.

Khashyar


Posted by: Spakoyna

Kashyar
I understand what you are saying. I will be honest. It was kind of a fluke I met my wife. I had no idea I would end up writing...let alone end up traveling to Russia to met my now wife! If I had to jump through all the hoops this law requires we would never have corresponded. It is a sad fact that 1 out of 1000+ sorry bad apple has to ruin things for so many people.


Posted by: Khashyar

Quote:
Originally Posted by Spakoyna
Kashyar
I understand what you are saying. I will be honest. It was kind of a fluke I met my wife. I had no idea I would end up writing...let alone end up traveling to Russia to met my now wife! If I had to jump through all the hoops this law requires we would never have corresponded. It is a sad fact that 1 out of 1000+ sorry bad apple has to ruin things for so many people.


Well, I don't think that the American Government (as much as some politicians may like to) can regulate foreign-based businesses.

So, if a marriage agency is based in England or Russia, I don't believe that there is a way for this new law to affect Americans registering and dealing with non-American marriage agencies.

I think that it will just put American-based agencies out of business.

However, I read a provision in the law that EXCLUDES marriage agencies that do not charge any fees.

So, perhaps Lena and I will eventually make our personals completely free, so that the law will not apply to us, and so we may still be able to offer a service to people.

Khashyar


Posted by: cedarwind

Quote:
Originally Posted by Spakoyna
Kashyar
If I had to jump through all the hoops this law requires we would never have corresponded. It is a sad fact that 1 out of 1000+ sorry bad apple has to ruin things for so many people.


I think that it is a good law and have no objections about it. (My state senator helped to craft the bill and it has been talked about in the Seattle area for some time).

I already have sent information regarding theses things to my GF and told her about different rights she would have if we marry and she was to move to the US. I think this actually helped to advance our relationship as it made her feel more secure in the thought of moving to the US by knowing what her rights would be and it made her trust me much more as I was on my own telling her such things.

I do think that many of the US men who are not so serious but just thinking about a RW will now be deterred by the new law as it is just one more step.

The hardest part I have found in the RW AM relationship was just getting started and with the added step many will never pass go. But that is not all bad.


Posted by: Eryk

>>Women in the US have the ability and the tools available to them to do >>background checks on prospective US partners before they accept a >>proposal.

That would hold water only if "private detective" investigations were the normal pre-marital procedure for US citizens and foreign citizens were prohibitied from taking such precautions. Both propositions are demonstrably false.

>> to travel half way around the world

Anchorage is a lot closer to Russia than it is to Florida. If you want to make "distance" the issue then set a Federally mandated "dating radius" for everyone to adhere to.

>>They are entitled to and deserve the same protection as AW.

Indeed they are and that works in both directions. Either these precautions are desirable and should be applied to all "dating agencies" (and why stop there? Why not make these checks a mandatory part of the Marriage License for everyone?) irrespective of their sphere of operation or they are yet another example of Government meddling in areas it has no business interfering with.

Creating an intermediate position is untenable. I am sure that the de facto creation of additional obstacles to immigration is entirely unintentional and in no way implies any xenophobic intent or pandering to Southern racists like the "Minutemen" [1]. Naturally significant Federal funding for programmes designed to rescue victims of abuses like trafficking for purposes of forced prostitution will follow in short order - how could it be otherwise?

>>The majority of the burden seems to fall on the agencies which means >>they will have to earn their money the old fashion way…work for it.

No, the burden falls on the individuals involved because they are the ones who are effectively having their 4th Amendment rights violated.

>>An honest man with sincere intentions will only have a few extra steps in >>the sometimes lengthy process of finding and meeting a FSU woman.

"If you have done nothing wrong then you have nothing to fear." - where have I heard that before ???

Eryk

[1] I always find that label amusing since where I come from "Minuteman" denotes a person (man) with the ....errr ...."sexual stamina" of about "One Minute"


Posted by: mistermopar

Quote:
I know that if these ruels go into effect and apply to personals like the RMP personals, then Lena and I will definitely close our personals because of the added burdens and responsibilities.


Khashyar,would you not be able to run the RMP personals through Belarus,therefore avoiding the hastle of the new law?

Also,how will this affect men from other countries using US based agencies?
Will we no longer be able to use them,or they will not have the autority to run a check on us since we are not US citizens.

Randy


Posted by: Khashyar

Hi Randy,

There are very strict rules from the Belarusian Government requiring licenses, etc for running an agency vias Belarus.

I think that Lena and I may offer a dedicated free personals in the future.

As of today, Lena and I are not accepting any more new paying clients to the RMP personals because of the new law. We will probbly eventually transition into a completely free personals within the year.

Khashyar


Posted by: mistermopar

Quote:
We will probbly eventually transition into a completely free personals within the year.

So as a free personals,you are not subject the these new laws?

Randy


Posted by: clever1

Quote:
(4) INTERNATIONAL MARRIAGE BROKER.--
(A) IN GENERAL.--The term ``international marriage
broker'' means a corporation, partnership, business, indi-
vidual, 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 facili-
tating communication between individuals.
(B) EXCEPTIONS.--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.


According to that then, free dating sites aren't included.

I think the part about applying for numerous visa's is to stem the flow of women into the sex trade.

John


Posted by: clever1

Quote:
(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.


Is that the "COP" out clause for yahoo, and the other big dating sites, as they can claim that their principal business is not with US citizens ?

John


Posted by: clever1

Just a thought Kash, if you give all the Brits, Aussies, Canadians and other none US members free memebership to the personals, you could claim exemption by the fact your principal business is not with US citizens.

Bet I get for that one .................lol

John


Posted by: Texas Proud

Quote:
Originally Posted by clever1
Is that the "COP" out clause for yahoo, and the other big dating sites, as they can claim that their principal business is not with US citizens ?

John


Clever... no, Yahoo mostly is with US citizens...

I think they can say their principal business is not international dating.. their site is for in country dating... also, I think they do charge everybody which appears to be another out...


Posted by: Spakoyna

I am not saying perhaps some regulation is not needed. I personally think this should be on the visa level myself. Forcing agencies to require extensive background checks before correspondence is permitted is absolutely rediculous in my opinion. Please do not take what I am saying the wrong way, but I believe the majority of quality WM/RW marriages come from people who are not actively seaching for a "Russian Bride" or whatever nationality. Some will say I am making a sweeping generalization. Almost all the couples we have met who have a good marriage, the men were not playing the game of I am shopping for a Russian wife. This is just a small sample of the many who do this but this is our experience. It is a given, the more hoops a person has to jump through the less people will jump through the hoops! The part of the law directed at the agencies is total bureacratic BS that will have little or no effect on the people(sex offenders or trafficers) it is directed at. My wife believes the law is directed at stopping AM from marrying RW. It would be interesting to know if the driving support behind the creation of this law was by disgruntled American women.


Posted by: mistermopar

Quote:
My wife believes the law is directed at stopping AM from marrying RW. It would be interesting to know if the driving support behind the creation of this law was by disgruntled American women.


Could be part of it,who knows.

I wonder if they are going to play fair on both sides here,if they are going to check AM that are interested in writing RW....are they going to check AW that are interested in writing RM.It would only be fair,no discrimanation.

Randy


Posted by: Khashyar

Yes, I think that Yahoo would be excluded because most of its clients are Americans seeking other Americans.

I think that this is going to move nearly all of the Russian-Americans dating agencies out of the U.S.

But, the services will still exist, yet will be based outside of the U.S. and in countries where the laws are not so prohibitive.

Again, at some point, we may offer our personals for free so that the law wouldn't apply to us.

Khashyar


Posted by: neil277

Hello.

I feel you have to find a loop hole, dating sites where you can send e.mails to each other will theses come under theses laws?

Another way to check is to install a data base which can check there back ground against there bank card and home address?

Anyone who sends payment for a ladies address has to tick the box to say the have know convictions etc, etc i had to do this with the home office in Croydon and for work at the M.O.D.

Or you could transfer all data to a www.********.ru?

The internet chat rooms 10 years ago were very good but some people cannot be trusted and laws have to be brought in and good people have to pay the price, the same old story in any country.

Regards.

Neil


Posted by: Khashyar

Thanks for the ideas, Chris.

I believe that the new laws require a criminal background check for each male paying member, which is too much of an expense and a burden for most marriage agencies in the U.S.

As long as the U.S. Govt. can trace an agency (even one at a foreign domain) to a U.S. address or owner, then that owner is libel for $25,000 per violation of the new law.

$25,000 per violation is a lot to risk.

But, I think that people visiting on our site will benefit even more from a dedicated FREE personals.

Khashyar


Posted by: Jim_FL

Quote:
Originally Posted by Khashyar
$25,000 per violation is a lot to risk.

But, I think that people visiting on our site will benefit even more from a dedicated FREE personals.

Khashyar


If this site's personals are "free" then it seems you'd be exempt under this clause:

Quote:
(10) UNITED STATES CLIENT.--The term ``United States
client'' means a United States citizen or other individual who
resides in the United States and who utilizes the services
of an international marriage broker, if a payment is made
or a debt is incurred to utilize such services.


I'd been fighting to make this law "comprehensive" for over a year now, suggesting that this should be a prerequisite for obtaining a marriage license for AM/AW relationships and a visa for international relationships. It is absolutely ludacris to make this a condition of initial contact. My guess is that sex tourism is going to be way up over the next year. Offshore agencies will shift marketing strategy to show large revenues from int'l travel bookings, with free meetings once you get off the plane as an "added bonus" to cultural tours of the MOB hotspots around the world. Further, the agencies with the worst rputations will flourish under this new law, as they already restrict the transfer of personal contact information between clients. At first glance this law looks fairly iron clad, but as always, the devil is in the details, and there are a hundred different loopholes in this thing!


Posted by: ham

aah!
big brother needs new "slaves" to free & new "inequalities" to redress!
what a joke.
they obviously want to wipe away small-medium competitors & free the market for their giant dating ( Y@hoo, M@atch-com etc ) clients.

All in all it sounds fair...end to all those time wasting oddballs playing dr.Jekyll & mr.Hyde over the internet with an undisclosed past.
HOWEVER
the same should be done with WOMEN because men are not alone in eventually trying to hide a previous marriage or a conviction...or as good hippie lefties with the bible in their pocket, do they think women just cannot do that?

Another nail in the coffin of the diseased MOB industry.


Posted by: ham

Quote:
Such term includes an alien
residing in the United States who is in the United States
as a result of utilizing the services of an international marriage
broker and any alien recruited by an international marriage
broker or representative of such broker.


hmm
at first glance this means an end to networked agencies, ads for socials, fake beauty pageants & other obvious practices deemed as "recruitment"...that is "convincing" a person to enroll on the basis of an external solicitation...
But i don't think y@hoo styled junk dating farms can be said to "recruit"...


Posted by: neil277

The new law is called the "International Marriage Broker Regulation Act of 2005". It requires all U.S. gentlemen who petition for a fiancee or spousal visa to provide more personal background information to Immigration Service and the State Department than ever before. It creates more restrictions in the process such as the number of fiancee or spousal petitions one can file, and how quickly a gentleman can file some visa petitions.

The law also requires a U.S. gentleman who wishes to meet his future fiancee or spouse through an "International Marriage Broker" to first submit extensive personal background information to the broker agency. The broker must then share that information with a future lady fiancee or spouse who must consent before the couple can start a communication and relationship.

I feel this law is a good law for many years now some Marriage Agencies have not cared about their ladies or their customers, if a lady comes from a very poor back ground she will jump at the chance of going to America or any other country even if they feel the man could be dangerous.

I have read a few years back that men who like very young children marry Russian Women so they can be more close to there step-child and some Russian Women allow this to go on because they dont want to go back to the hole thay have just come from.

Will this law work yes and no if the Russian Meeting Place can allow customers to get the ladies address for free where is the point of this law?

If the law came down hard on people who cause missery to other people then we would not have this problem, i think they call it democracy even in England now we dont have the same freedom of speech now as we use to.

It sounds to me they are passing the buck and its true if your honest you have know worries about meeting a Russian Wife their is always a loop hole.

I feel the Russian Meeting Place should use this law to their advantage and try another way to charge for their services, you do not need to charge big money to make a profit.

And please how many Russian Women cause American Men problems when they get to the Country, i would look at the age gap and if the age gap is to wide, i would decline the first visa she applied for in her country.

And if a man is a sex beast what does he get a few years in jail and then allowed out into the real world again, and in England allowed to work in schools with children, the law is an ass.

Regards.

Neil


Posted by: Khashyar

Quote:
Originally Posted by neil277

Will this law work yes and no if the Russian Meeting Place can allow customers to get the ladies address for free where is the point of this law?.......

.....I feel the Russian Meeting Place should use this law to their advantage and try another way to charge for their services, you do not need to charge big money to make a profit.


Hi Neil,

It is very expensive and time-consuming for Lena and I, for example, to check the criminal background of every man who submits a profile to our personals. It is just not feasible for us.

Also, I believe that if a man has a choice of signing with an agency based in England (where similar criminal background requirements do not exist), and an agency in the U.S. where they need to send the agency their Social Security number and birthdate so that we can check their criminal backgrounds, then they will choose the foreign-based agency.

If we receive 100 new clients in a week, it would take a full time employee to research all of these men's criminal backgrounds.

It simply is not feasible, since the Personals here were meant as a service, and Lena and I have other careers that we are pursuing. The personals cannot be a full-time job for us, which I believe is probably true for most if not all small to medium dating agencies in the U.S.. Under the new requirements of this new law, most of our time would be spent checking new male client's backgrounds, and then translating and sending copies of these to EVERY female client that he wishes to contact.

And yes, if the law truly and practically is in place to protect foreign women (which I support), then Yahoo.com should be required to do background checks on any man interested in contacting foreign women on their website. I do feel that this law unfairly discriminates against small agencies that specialize in foreign dating. I am sure that a large percentage of men meet foreign women through Yahoo.com or other large U.S.-based personals, so this loophole of not making Yahoo conduct the same background checks on men communicating with foreign women is not fair, and leaves an avenue open through Yahoo.com for American criminals to potentially victimize foreign women.

I would bet that Yahoo.com and lavalife did some lobbying in Congress, and sent some campaign contributions to Congressmen and Congresswomen, so that an exemption could be included for them.

Doing a criminal background check (and translating the results of the check into the native woman's language) does require some expense- perhaps $30-50 per person, or more?, as well as Lena or my time. Lena and I don't have this extra time, and we don't think that men want to pay this extra expense, nor have their personal information (like social security numbers, birthdates) sent to another party just for the purpose of dating.

Lena and I simply don't want to take on this burden.

I believe that background checks should be done by an organization that is better able to conduct them: the U.S. Government, as they process a fiance visa. (I believe that the U.S. Government is also checking criminal backgrounds as a part of this new law).

I don't believe that the burden should be placed on the small dating agency, which is an unfair burden on small businesses, and should rather be placed on the U.S. Government, as they process fiacne visas.

Also, if the U.S. Government is going to place this background-checking burden on small-medium dating agencies, then let's place similar burdens on other U.S. businesses with the intention of protecting others. Let's have U.S. pharmacies check the backgrounds (to check for drug abuse, or drug trafficking convictions) of any person who is asking for a drug prescription to be filled. Let's ask computer companies check the criminal backgrounds of people who purchase computers to see if they have been convicted of a sex crime or for child pornography. Let's require real estate agencies to check the criminal backgrounds of anyone interested in buying a home near a school to check for any crimes against children. I am sure that we could think of many other unfair examples which placed an unreasonable burden on U.S. businesses. The burden to check for criminal backgrounds should be placed on the Government, and not on small to medium-sized businesses.

What this law is going to do is to move the international dating industry outside of the United States, which will make it LESS easy to monitor, and will lead to MORE abuses of unscrupulous marriage agencies, since the U.S. government cannot regulate or prosecute businesses outside of its borders. I think that American men had greater protections if they can hold American Dating agencies accountable for improper acts. Because of this, an American male could have more trust in dealing with an American-based agency, since if there was any improper behaviour on the part of the agency, then they could prosecute the American-based agency, or call the Attorney General in that company's state to file a complaint. There are no such protections for American clients for an agency based overseas.

I do agree that it is good for the government to do background checks on Americans filing for fiance visas (since the Russian woman is required to have her criminal background checked in her country). However, it is not effective nor fair to require an additional background check be conducted by the American-based dating agency.

Khashyar


Posted by: Jim_FL

very very well put Khashyar!


Posted by: Khashyar

Another aspect of this:

Because American-based foreign dating agencies are required to send the results of the criminal background check to the women who the man wishes to contact (and translated into that woman's native language), the American male would no longer be able to contact any Russian female client that he wishes to, without first having the agency be an intermediary, and first sending the American male client's criminial background check results to each female client that he wishes to contact.

This, actually, stifles free communication between the American male and the Russian female (or American woman and Russian male).

If I were an American man looking to join an agency, I would rather join a foreign-based dating agency where I could contact any foreign person that I wanted, when I wanted, and as many as I wanted, without the American agency first having to translate the results of my criminal background check and send it to EACH woman that I wanted to contact.

This law does not take into account the speed of internet dating, where we are able to quickly contact and communicate with others internationally through the internet.

Again, I understand the need and sense in protecting Russian women who may not be aware of a propsective American man's criminal background. However, this law puts too much of a burden on the American dating agency, which has to:

1) research the criminal background of each male who registers on their website

2) translate the result of each American male's criminal background into the woman's native language (Russian and/or Ukrainian?)

and 3) puts the burden on the agency to be an intermediary between the American man and EACH foreign woman that the man wishes to contact, and to supply the results of the man's criminal background to EACH woman that he wishes to contact.

With the recent technological advances in international communication, no man is going to want to sign up with an American dating agency.

Khashyar


Posted by: neil277

Hello Khashyar

I uderstand what you are saying but also they are trying to close down marriage agencies in Belarus and over the last 2 years the loot paper in England have very few e.mail addreess of Russian Women, to what they had before.

In my view i feel that many marriage agencies will close within 6 months and even on this fourm you have to set your accounts against google and other serach engines depending on your clicks and how much you pay per-day.

The fourm has to earn money, to keep running and the U.S Goverment say things have to be free so you dont pay fine or Prison but from the days of www.russianblacklist.com, Bob use to have a small donation to keep the website running is this is something which could be considererd.

This is only my point of view.

I also understand you have to be careful, you and Lena have jobs and Lena does not want to see you go to jail.

Regards.

Neil


Posted by: Khashyar

Hi Neil,

Yes, I respect your point of view, and I understand your perspective.

By the way, Lena and I pay to maintain our discussion forum ourselves, and we don't pay for any advertising on Google or through other sources. (We only received a very small amount of money from the personals, which did help us maintain the website. However, we will continue to pay to maintain the website ourselves. We used to have a donation button at the bottom of our forum, and perhaps I will add that button at the very bottom of the forum again).

Our discussion forum will always be free, and Lena and I will continue to offer it as a free service to everyone who needs it.

Khashyar



Quote:
Originally Posted by neil277
Hello Khashyar

I uderstand what you are saying but also they are trying to close down marriage agencies in Belarus and over the last 2 years the loot paper in England have very few e.mail addreess of Russian Women, to what they had before.

In my view i feel that many marriage agencies will close within 6 months and even on this fourm you have to set your accounts against google and other serach engines depending on your clicks and how much you pay per-day.

The fourm has to earn money to keep running and they say things have to be free but from the days of www.russianblacklist.com, Bob use to have a small donation to keep the website running is this is something which could be considererd.

This is only my point of view.

Regards.

Neil



Posted by: Khashyar

Quote:
Originally Posted by neil277

I also understand you have to be careful, you and Lena have jobs and Lena does not want to see you go to jail.


Yes, I don't want to see me go to jail either

I believe that the biggest risk and penalty would be the $25,000 fine per violation of the law, rather than a real risk of going to jail.

Khashyar


Posted by: neil277

Hello Khashyar

Also you have Top 100 websites and other websites, are you liable for them also, i have checked you have page rank of 4/10 which is good.

I hope the fourm keeps going and perhaps one day this law will be lifted.

Regards.

Neil


Posted by: Khashyar

Hi Neil,

I don't think that we can be held libel for linking to other dating sites.

I believe that the law applies if we provide dating services ourselves, and charge clients for those services.

Khashyar


Posted by: clever1

I don't know how much it would cost Khashyar, but maybe you need to consult a lawyer, to see if you can exploit a loophole like Yahoo, and such like, or at least find out exactly where you stand with the site as it is.

John


Posted by: jeffs

Quote:
Originally Posted by Khashyar
I believe that the new laws require a criminal background check for each male paying member, which is too much of an expense and a burden for most marriage agencies in the U.S.


Any attorneys out there? This can't hold up if challanged if you ask me... and the reason is in bold. If a female uses the service (US) then this would be legislated discrimination.

I agree that the stopping illegal trafficing is a GOOD thing. And I'm not the biggest fan agencies. (I've never used one, so I try and keep an open mind.) However this is lengthening the visa process. It's also discriminating against men who want to marry. I mean to keep this all on the UP and UP and to REALLY protect women... maybe we should be required to submit to criminal background checks and hand over driving records, credit reports, criminal database search results, employment history, DNA samples and blood tests to be able to date or marry any woman including those in the US.

So if we've got any attorneys out there I'd love to hear how the bold part fits in with Equal Protection Clause of the 14th Amendment.


Posted by: EasyTarget

I was thinking about this and I don’t like this law for several reasons.

[tirade /on]

1. It is a law with no teeth. There are no provisions to fund the enforcing of the law. It is a federal law but no tax-money has been provided to any federal agencies to enforce the law. So it is a law that exists where no one will be enforcing it and no will get prosecuted by it.

2. It was a knee-jerk reaction to an isolated incident. It makes the local politicians get some positive press and makes them look good.

3. The law doesn’t implicitly determine what constitutes a criminal background check. Does a search on google count? What if you search google AND yahoo?

4. No plausible way to verify an individual’s identity. Most online transactions are separated from the website where the business is being conducted. Example if you buy something from amazon.com your CC information is then sent through to a third-party ACH clearing house (vital or certigy then on to VISA) to verify fund availability. Most websites do not store your CC information. Now with the new CISP requirements from the VISA police (visa credit card police, not the immigration folks) retailers do not want to store the CC verification information. What is that all mean? Most people could sign up with a website with just small enough differences in their online profile from their CC information and any criminal background check would be clean and the CC transactions would be verified.

5. A good percentage of international dating sites are located outside of the US and owned by non US citizens. And any that are not located outside of the US can very quickly change their hosting location and MAY be exempt from the law. Current federal guidelines are very fuzzy about nexus and obligation. Example, if you are a US citizen and own a gambling website that is hosted outside of the US borders you MAY still be held accountable for running a gambling website and income deviation from said site. There has been no clear court case to clarify nexus and obligation. BUT all international dating sites that are located outside of the US and owned by non US citizens are exempt from the law and can do what they want.

6. What about non US citizens registering on a US web site? How would you verify their information and identity?

7. It is VERY easy to hide who the real owner of a website is. It is very easy to register under a “corporate” name with no clear individual ownership. The law doesn’t state whether the corporation, the corporation’s board or individual owners would be held liable. They don’t clearly define what the scope of the liability is either. It would be hard to prosecute with such ambiguity in the law. If you were found guilty you could just dissolve the corporation (ch.7 bankruptcy), move the website database and move on with your life.

Living in an internet world with laws written for a brick and mortar world does not help anybody.

[tirade /off]


Posted by: inlove

Quote:
Originally Posted by EasyTarget
I was thinking about this and I don’t like this law for several reasons.

[tirade /on]

1. It is a law with no teeth. There are no provisions to fund the enforcing of the law. It is a federal law but no tax-money has been provided to any federal agencies to enforce the law. So it is a law that exists where no one will be enforcing it and no will get prosecuted by it.

2. It was a knee-jerk reaction to an isolated incident. It makes the local politicians get some positive press and makes them look good.

3. The law doesn’t implicitly determine what constitutes a criminal background check. Does a search on google count? What if you search google AND yahoo?

4. No plausible way to verify an individual’s identity. Most online transactions are separated from the website where the business is being conducted. Example if you buy something from amazon.com your CC information is then sent through to a third-party ACH clearing house (vital or certigy then on to VISA) to verify fund availability. Most websites do not store your CC information. Now with the new CISP requirements from the VISA police (visa credit card police, not the immigration folks) retailers do not want to store the CC verification information. What is that all mean? Most people could sign up with a website with just small enough differences in their online profile from their CC information and any criminal background check would be clean and the CC transactions would be verified.

5. A good percentage of international dating sites are located outside of the US and owned by non US citizens. And any that are not located outside of the US can very quickly change their hosting location and MAY be exempt from the law. Current federal guidelines are very fuzzy about nexus and obligation. Example, if you are a US citizen and own a gambling website that is hosted outside of the US borders you MAY still be held accountable for running a gambling website and income deviation from said site. There has been no clear court case to clarify nexus and obligation. BUT all international dating sites that are located outside of the US and owned by non US citizens are exempt from the law and can do what they want.

6. What about non US citizens registering on a US web site? How would you verify their information and identity?

7. It is VERY easy to hide who the real owner of a website is. It is very easy to register under a “corporate” name with no clear individual ownership. The law doesn’t state whether the corporation, the corporation’s board or individual owners would be held liable. They don’t clearly define what the scope of the liability is either. It would be hard to prosecute with such ambiguity in the law. If you were found guilty you could just dissolve the corporation (ch.7 bankruptcy), move the website database and move on with your life.

Living in an internet world with laws written for a brick and mortar world does not help anybody.

[tirade /off]


You made interesting observations. I have not read the law in all entirity, but i would think that the issue will come up during abuse hearings and such. It is very unlikely that the goverment will be througoutly checking business practices of each and single agency, unless there is a problem.
It is assumed that the agencies should collect a true personal information about a customer, and verify his identity. Maybe even with SSN.. The background check itself is a little more than just a google search, but not that expesive and complicated either. Criminal history and credit history are the matters of public record and easily verifiable.
The law cannot be streched to the dating agencies located outside of the US. It is like with online gambling. While illegal in the US, it is legal in other places, and the US citizens gambling on off shore sites are not being prosecuted for it.


Posted by: ham

Quote:
ok.
but when you have to verify hundreds or thousands of people?
check the costs online from the cheapest provider of full background checks...


Sorry Ham, I screwed up your posting by mistake. Pushed a wrong button.
Please repost your thoughts, if possible.

inlove


Posted by: Raspberry

And just wondering if the law will be applied equally to ALL countries, and not just Russia and Ukraine. Keep in mind that a lot of the agencies are geared towards Colombian and Philippine women. Will there be unequal treatment?


Posted by: ham

Quote:
Originally Posted by Raspberry
And just wondering if the law will be applied equally to ALL countries, and not just Russia and Ukraine. Keep in mind that a lot of the agencies are geared towards Colombian and Philippine women. Will there be unequal treatment?



according to official INS studies (although a few years old), FSU-MOBs roughly account for 1/3 only of the overall, the rest being from Asia (mostly) or South America...
yes, that should be considered.

Sorry Ham, I screwed up your posting by mistake. Pushed a wrong button.

you said it was cheap to run background checks...no more than a google search.
i replied what if there are thousands upon thousands of people to screen?
checking even tha most reasonable fee from online providers, that builds up to a fortune quickly.


Posted by: Raspberry

What's also interesting is that of all the agency sites that I am looking at, only one has made a statement concerning potential problems with this new legislation....


Posted by: clever1

Quote:
Originally Posted by ham
you said it was cheap to run background checks...no more than a google search.


I found someone who does checks.
Out of curiosity, I asked how much to verify that the woman I went to see actually lives at the address she gave me, they said $60, to be paid after they find out.

Also asked me what agency it was and would get feedback on them too.

Not sure if thats good or bad ?

would appreciate some thoughts on it.

John

PS if anyone wants the email addy of this service let me know, I'll pass it on for a small fee, got to cover my search costs .......lol


Posted by: mistermopar

John,that would be good if you were only going to check one lady,but if you are going to start doing that for many women that will cost a lot of money.

How reliable is the person that is doing the checking?

Randy


Posted by: clever1

True Randy, as for your Question.

Thats just it, how do you check out the checker ?
Could be just another scam.

John


Posted by: Kev23

As you can see, I'm new to this forum and the Photo Personals site. I have to say that it's a great source of information and personal experience, thanks to everyone, but particularly Lena and Khashyar for giving their time to host this site.

I am from the UK and I notice that they are not taking paid members due to H.R. 3402.

I am interested in contacting some of the ladies on the site, particularly from Lena's hometown. I feel more comfortable contacting those ladies as they are known to Lena.

Are there any near term plans for enabling contact for new members, or should we just wait for a future evolution of the site that... complies with H.R. 3402?

Thanks,
Kev


Posted by: mistermopar

Hi Kev23,welcome to the RMP.

I read somewhere that they will have a free personals site,maybe some of these ladies will still be on it.
You can always PM Khashyar and ask him.

Randy


Posted by: Chrismc

Elena's Models about the new USA law on dating agencies

Special announcement, 06 February 2006

We have many questions regarding the recently passed USA law about international dating agencies (International Marriage Broker Regulation Act of 2005), which was signed by President Bush on 5th January 2006.

Both USA clients and non-USA clients are asking questions about how it will affect the way we conduct business at Elena's Models.

This information is for you to answer your worries and concerns, so you understand Elena's Models position in regard to this law.
Fair or not, this law has been passed by the majority of votes in Congress and signed by the President of the United States.

This means it is a LAW, 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.
In other words, Elena's Models will slightly modify its operation in regard to our USA clients ONLY. Clients from other countries than USA shall not worry.
The most debated issue of this law was the personal disclosure of a man, which was supposed to be signed by the lady before any contact between a man and a woman could occur.

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.
And we already have a mechanism in place that will allow those forms to be signed easily - Expression of Interest.

It will be as easy as that for the ladies to sign your release form - they receive your Expression of Interest, and sign your disclosure form online, and 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.)

This is a draft version of how your disclosure form will look to a lady*
(substitute answers for your own personal information):

Previous marriages: 1 marriage: Divorced in 1999
Are you married currently? No
Children under the age of 18: 1 child: 15 years old (born 1991)
Criminal arrests or convictions: No
Drug or alcohol related arrests or convictions: No
Prostitution-related arrests or convictions: No
Any court orders: No
States lived in: California, Nevada
* The actual form may look slightly different as we are currently working on it, but it will be very similar to what you see here. The form will be translated to the native language of the lady.

So, the process will be as simple as that:

You as a USA client fill in the disclosure form once, and every time you want to contact a new lady, she will receive your disclosure form along with your Expression of Interest. If she answers you positively, you can obtain her personal information or start communication through the website.

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

The new law will take effect from 6 March 2006, and we will be releasing disclosure forms about 2 weeks before the date, so you can have them ready for 6 March when we actually will start using them for USA clients.

When the software for filling in the disclosure forms is ready, we will notify you via email, and include a note on top of your Home page, so you can see it straight away when you login to the site.

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 have discussed this law with an immigration lawyer 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 will be 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.

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

If you have any additional questions about the new law, please read Gary Bala's website at: http://usaimmigrationattorney.com/nucleus/index.php

++++++


P.S. There is an opinion that the new law (International Marriage Broker Regulation Act) violates your privacy rights and should be repealed. If you believe that your rights are in any way violated by this law, there is a Petition filed by the immigration lawyer Gary Bala:
http://www.petitiononline.com/imbra05/petition.html

As at the moment of writing this information, the Petition has 760 signatures. You can review the signatures and the comments of other people, men and women, about this new law on the petition website.


Elenas Models


Posted by: bill99

Hell yeah, thats great news to me. I was scammed by a Russian Ukrainian scum bag ***** that I married. I know that all they want is a green card anyway. I feel sorry for the poor guys that have to go through the ripp off phase. I think the only way a Russian lady should be allowed over is if she pays her own way, goes right back to odessa if there is a divorce and that the man whom marries her does not have to give her one dam cent.
My wife also scamed alot more people than me. lucky for me I was married almost two years, no sex. That was awsome why???????? BECAUSE SHE HAD
MEDICINE FOR A CONTAGIOUS DESIESE THAT SHE HAD WHEN SHE CAME OVER!!! Now you say well they check for this, oh yeah they also take bribes and know how to defeat those test!!!! Do not forget the rubbers. May I suggest a full body condom?
Bill


Posted by: Samurai_Bob

"Here little mouse-e, come play with kitty..."


Posted by: Khashyar

Quote:
Originally Posted by bill99
Hell yeah, thats great news to me. I was scammed by a Russian Ukrainian scum bag whore that I married. I know that all they want is a green card anyway. I feel sorry for the poor guys that have to go through the ripp off phase. I think the only way a Russian lady should be allowed over is if she pays her own way, goes right back to odessa if there is a divorce and that the man whom marries her does not have to give her one dam cent.
My wife also scamed alot more people than me. lucky for me I was married almost two years, no sex. That was awsome why???????? BECAUSE SHE HAD
MEDICINE FOR A CONTAGIOUS DESIESE THAT SHE HAD WHEN SHE CAME OVER!!! Now you say well they check for this, oh yeah they also take bribes and know how to defeat those test!!!! Do not forget the rubbers. May I suggest a full body condom?
Bill


Hi Bill...

Calm down a bit, and then read the thread that I started from your other thread about your "bad" experience with a Russian woman.

I know you feel upset about your experience... but try to express yourself more clearly, beginning in this other thread that I started about your situation:

http://russianmeetingplace.com/foru...read.php?t=7937

And, also, keep the language clean please as per our forum guidelines.

Thanks Bill.

Khashyar


Posted by: Samurai_Bob

Quote:
Originally Posted by bill99
Hell yeah, thats great news to me. I was scammed by a Russian Ukrainian scum bag whore that I married. I know that all they want is a green card anyway. I feel sorry for the poor guys that have to go through the ripp off phase. I think the only way a Russian lady should be allowed over is if she pays her own way, goes right back to odessa if there is a divorce and that the man whom marries her does not have to give her one dam cent.
My wife also scamed alot more people than me. lucky for me I was married almost two years, no sex. That was awsome why???????? BECAUSE SHE HAD
MEDICINE FOR A CONTAGIOUS DESIESE THAT SHE HAD WHEN SHE CAME OVER!!! Now you say well they check for this, oh yeah they also take bribes and know how to defeat those test!!!! Do not forget the rubbers. May I suggest a full body condom?
Bill



The founder of our website has taken an interest in you bill99.

All joking aside, go to your orginial post and speak with him.
We would like to know your story.


Posted by: BradIL

inlove... the backgrounds of American men (especially criminal convictions) is easily retrieved. There is no mystery in this. The REGIS system, and better the NCIC (National Criminal Information Center) maintains logs on the CRIMINAL CONVICTIONS of any U-S citizen.

Foreign brides can obtain the information, its an action of a public court, therefore, public information discoverable via the U-S Freedom of Information Act.

What concerns me are the ARREST RECORDS. You can be ***ARRESTED*** on suspicion of any number of crimes, but unless convicted it means nothing. In more than few states it is well known that some arrests have political and social implications that go well beyond the commission of a crime.

ARREST RECORDS are out of bounds, and under civil law in Illinois, can be the basis of libel, defamation of character, and a host of other civil actions. There are prohibitions on the distribution of arrest records, although, they haven't been used much recently (perhaps a few cases should be filed to keep the watchers honest).

IMBRA/Cantwell's law CAN NOT abuse the right to privacy in the U-S Constitution (amendment 9, numerous other references)... and can spell BIG TROUBLE for its abuse if the aggreived sues via civil action, or it gets before the wrong grand jury.

The law should stick to criminal convictions and registered sex offender records, it puts it square with public information, etc. Credit scoring information, medical information, etc. remains private and off-limits. Its not for general search and retrieve inquiries and is ultimately maintained by the person it reflects.


Posted by: Jim_FL

Quote:
Originally Posted by bill99
I think the only way a Russian lady should be allowed over is if she pays her own way, goes right back to odessa if there is a divorce and that the man whom marries her does not have to give her one dam cent.


Ummm Bill? What if she wasn't FROM Odessa to start with?


Posted by: neil277

Quote:
Originally Posted by bill99
Hell yeah, thats great news to me. I was scammed by a Russian Ukrainian scum bag ***** that I married. I know that all they want is a green card anyway. I feel sorry for the poor guys that have to go through the ripp off phase. I think the only way a Russian lady should be allowed over is if she pays her own way, goes right back to odessa if there is a divorce and that the man whom marries her does not have to give her one dam cent.
My wife also scamed alot more people than me. lucky for me I was married almost two years, no sex. That was awsome why???????? BECAUSE SHE HAD
MEDICINE FOR A CONTAGIOUS DESIESE THAT SHE HAD WHEN SHE CAME OVER!!! Now you say well they check for this, oh yeah they also take bribes and know how to defeat those test!!!! Do not forget the rubbers. May I suggest a full body condom?
Bill


Hello Bill

First i would read your own letter yourself all the answers are in there for you, to be honest you were not compatible and on the other hand you are acting like a child no wonder things did not work out, no sex for two years this would have told myself my marriage was over, and Bill a Russian Lady wants a strong calm man who thinks straight and tries hard in life to better himself, not the money he can provide.

If i was you, i would not try looking for another lady in the east just find yourself before you find your soul mate.

Regards.

Neil


Posted by: BradIL

Khersongirls is distributing an e-mail in re HR 03657 (I don't know where HR 3402 originates) saying there is a one-time $15 fee for registering to write ladies, in addition to submitting a completed questionnaire.

I recognize the 15 bucks as the exact cost to run an NCIC (National Criminal Information Center) inquiry on an individual. The FBI can do this for qualified parties.

I have not e-mailed Kevin about it... but he is a registered member of the RMP... and perhaps we can get him to post something about the fee.

I have ***NOT*** seen proposed/final/promulgated rules for the administration of this law... and the bill mentions its assigned to the Department of Homeland Security.

BTW... background searching is a uniquely AMERICAN facet to all this... as is the law... so Candians and Euros and others don't have to sweat any of this!
****O SAY CAN YOU SEEeeeeeeeeee.... "


Posted by: BradIL

Quote:
Originally Posted by Jim_FL
Ummm Bill? What if she wasn't FROM Odessa to start with?

Now are you paranoid, Bill?


Posted by: RRR

Guess this law has just been put on hold?... haven't heard anywhere else but on RW.net site.


Posted by: Raspberry

It is surprising that AFA hasn't said anything yet.


Posted by: Zorn

As far as many learned about IMBRA Act,this bill was set after one American guy,Indle King of Seattle,WA,murdered his Russian young wife,Anastasia Solovieva/King.Indle King, according to court, police,and other investigating reports, had violent history in the his early past.
See also WAVA Act,might be related to IMBRA.