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4 <title>601 Waiver Addendum</title>
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9 <meta name="author" content="Andrew DeFaria">
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12 Andrew DeFaria<br>
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13 6187 Ellerbrook Way<br>
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14 San Jose, CA 95123<br>
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17 <h2>Declaration of </h2>
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19 <h2>Andrew DeFaria</h2>
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22 <div align="center">
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23 <h2>RE: Olga A DeFaria</h2>
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25 <h2>A70 924 792</h2>
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27 <div align="left"><br>
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28 March 15, 2003<br>
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30 I, Andrew DeFaria, do hereby declare under penalty of perjury that the
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31 following is true and correct:<br>
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33 I married my wife, Olga A. DeFaria. While at first we had some hard
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34 times, our relationship has developed into good marriage. Together, we
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35 are helping to raise my 10 year old United States citizen daughter from
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36 a previous marriage.<br>
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38 My wife came to the United States from the Ukraine. Her father was an
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39 alcoholic. Olga's father was very abusive. He often attacked Olga's mother,
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40 sometimes with an ax. Her troubled father ended up committing suicide which
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41 Olga had witnessed. Her childhood was one of fear and depression<a
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42 href="#1"><sup>1</sup></a>. She ran away from home and was the victim of
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43 sexual abuse. She returned home and was sexually abused again. She is now
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44 a recovering alcoholic and under medical and psychological care<a
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45 href="#2"><sup>2</sup></a>. She is currently completing an Intensive Outpatient
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46 program<a href="#3"><sup>3</sup></a>. Together we are seeking therapy and
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47 treatment<a href="#4"><sup>4</sup></a>. <br>
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49 I love my wife very much. I am aware of her criminal history because
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50 I helped her in her criminal defense. I am aware of her medical problems,
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51 recovering alcoholic, depression, and suicidal attempts. Some people may
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52 wonder why I stay with her notwithstanding of all that has happened, the
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53 answer is clear - I stay because I love her and I am willing to work with
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54 her for her sake.<br>
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56 If my wife is not admitted and given legal residence and the waiver
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57 herein requested denied, I, a United States citizen, would suffer extreme
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58 hardships. In addition, my daughter, Olga's step daughter, is also becoming
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59 bonded and very attached. Each of us would suffer individually and we
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60 would suffer cumulatively if Olga was not granted a waiver.<br>
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62 The hardships we would suffer are as follows:<br>
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64 <h3>1 Emotional Hardship</h3>
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66 <h4>1a. Emotional hardship caused by separation</h4>
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67 If a waiver is not granted there will be a separation of my wife from
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68 me. All of my family and my daughter lives in the United States. I have
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69 lived here all my life. I have work here. Our daughter has her school,
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70 her friends and her life here.<br>
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72 In the Ukraine<a href="#5"><sup>5</sup></a> there is no work. There
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73 is a dangerous level of crime. The economy is in shambles. There is no
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74 work for a person with my skills. The political situation is unstable.
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75 Foreigners are not liked and not easily accepted into society. People
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76 live in fear of their lives from crime and poverty. There is little hope
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77 for anyone in Ukraine. I do not speak Russian. I would have to leave our
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78 daughter in the United States since the custody order does not allow our
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79 daughter to leave the country without a new order. My ex wife has legal
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80 custody of my daughter and would not allow me to take her to the Ukraine.
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81 Life in the Ukraine would not be an option for me nor our daughter.<br>
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83 Therefore, I could not go to live with my wife in the Ukraine. Furthermore,
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84 our daughter would not be allowed to join us in the Ukraine. If no waiver
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85 is granted our family will be forcefully separated.<br>
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87 Our family has suffered much already but together we have managed to
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88 be strong. To have suffered so much already and to be forcefully separated
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89 because of no waiver would be an incredible blow to our family.<br>
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91 On being separated the psychological pain would be great. My wife and
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92 I will miss the enriching bonding that a close family has to offer. I will
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93 be hurt and miss my wife. Our daughter will be hurt and miss her step
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94 mother. Both the psychological pain and loss of bonding would create an
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95 extreme hardship.<br>
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97 If we were separated I would only be able to call and occasionally visit
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98 my wife in the Ukraine. However the expense of international calls and
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99 international travel would require that this contact would be extremely
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100 limited. And my ex wife would be very reluctant to allow our daughter
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101 to even visit her step mom in the Ukraine, if she would allow it at all.
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102 The separation would be an extreme hardship, being away from my wife that
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103 I love dearly would be very hard.<br>
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105 <h4>1b. Separation of our daughter from her step-mother </h4>
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106 For the factual reasons noted above, our daughter would also have to
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107 stay in the United States. If her step-mother had to depart, the separation
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108 would be an extreme hardship. There is a psychological bonding and security
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109 as well as a growing love between them. If separated, our daughter would
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110 not only suffer greatly but it will have a devastating impact on her for
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111 the rest of her life. The result would be that my daughter and wife would
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112 suffer greatly.<br>
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114 <h4>1c. Cumulative effect of the separation</h4>
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115 With the separation of my wife from our family I would suffer and my
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116 daughter will suffer as noted above, but furthermore I would suffer additionally
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117 at seeing our daughter suffering at being separated from Olga. And our
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118 daughter would suffer at seeing me suffer because of the separation between
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119 Olga and I. There would be great suffering from all three of us which would
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120 make each of us suffer more.<br>
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122 <h3>Economic Hardship</h3>
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124 <h4>2a Economic hardship to me</h4>
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125 If a waiver is not granted I would suffer great economic hardship. If
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126 my wife is in the Ukraine I would have to support her there. As noted
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127 above the economy is bad and my wife would be unable to support herself.
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128 Also as noted above, my wife has special medical and psychological needs.
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129 I would have to send her the funds to pay for very expensive treatments
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130 in the Ukraine. The expense of providing a second household and medical
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131 care would be extremely high. I do not know how I would be able to provide
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132 her with the funds she needs.<br>
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134 In the year 2000 I made over $180,000.00 but in 2001 I only made $64,774.
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135 This year my taxable income is $31,035. This economic downturn has effected
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136 my profession very much.<br>
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138 While I am not poor, I am managing to get by with this bad U.S. economy.
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139 I would be hard pressed to provide Olga with the funds she would need.<br>
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141 <h4>2b. Economic hardship to our daughter<br>
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143 If a waiver is not granted our daughter would suffer extremely. Not
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144 only would the household suffer as noted above, but the reduction of funds
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145 in my household would be felt by our daughter. No longer would I be able
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146 to provide the small things which the children need, like money for sports,
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147 family outings and our daughter's own small desires.<br>
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149 Our daughter now has a happy and comfortable life which would change
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150 and then would become one of grim and strict budgeting and doing without
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151 in order for me to support my wife living in another country and provide
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152 for her medical and psychological treatments.<br>
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154 If I were to consider moving to the Ukraine and separating from our daughter,
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155 even if I managed to find a job in the Ukraine, I do not know how I would
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156 be able to pay my court mandated child support of approximately $1000/month
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157 as I do not think that I would be able to obtain employment in the Ukraine
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158 for even that much of a monthly salary, never mind make money above that
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159 figure to be able to afford to pay for the medical attention my wife would
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160 need and to be able to survive in the Ukraine. Not being able to pay my
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161 child support would be an extreme hardship on our daughter and on my ex
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162 wife and her family as they use that money to provide for our daughter.
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163 Lack of these funds would additionally throw another family of United States
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164 citizens into financial turmoil. Again, my moving to the Ukraine is not
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165 a very viable option for me.<br>
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167 The economic hardship to the household finances would cause us to suffer
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168 as noted herein a very extreme hardship.<br>
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170 <h4>2c. Cumulative effect of economic hardship</h4>
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171 Lastly, and not to be overlooked, is that with the change in our household's
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172 economic situation, there would be other hardships. I would suffer at
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173 knowing I could not give our daughter all that I have given her in the
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174 past. There would be an extreme feeling of guilt. My daughter may even
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175 develop resentment toward Olga and even myself because of what the drain
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176 of resources would do to our former way of life. This too would be an
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177 extreme hardship.<br>
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179 <h3>3 Psychological Hardship</h3>
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181 <h4>3a. Psychological hardship on me</h4>
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182 If a waiver is not granted I would suffer psychologically, different
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183 from emotional harm, the psychological harm of being away from the one
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184 you love. The psychological harm in the worry of not knowing how your
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185 spouse is doing day in and day out. The worry that the economy is poor
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186 and my wife would not have a place to live or work. With the previous problems
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187 she has had home she clearly would be unable to return to her parent's
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190 My wife's medical and psychological needs are being covered here in
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191 the United States through my Kaiser coverage. In the Ukraine this type
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192 of care may exist but would be out of our reach economically. The treatment
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193 my wife now has is making all the difference in the world from keeping
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194 her from being depressed, sober and non suicidal. Without this treatment
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195 living in the Ukraine would be devastating to my wife's progress. Furthermore,
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196 returning to the Ukraine would be returning to the environment which created
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197 all the medical and psychological problems which she developed. Clearly
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198 this is of great harm. With me knowing this I would get very depressed
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199 thinking of these possibilities. I would be very worried that such an environment
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200 and separation from her loving husband and family, faced with the same
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201 environment in which her previous sexual attackers still reside and without
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202 proper medical and psychological attention she needs, that she would become
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203 extremely depressed and suicidal again. In fact, I have been seeking psychological
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204 consultation and medication myself trying to cope with the possibility
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205 of this waiver being denied and having my family broken up as described
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208 <h4>3b Psychological hardship on our daughter<br>
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210 If a waiver is not granted there would be great psychological harm to
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211 our daughter. Not only would the psychological harm parallel the emotional
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212 harm, but our daughter would be emotionally traumatized if she were to
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213 be separated from someone with whom she is developing such a good and
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214 deep loving relationship. The psychological harm will be great and certainly
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215 reach the level of extreme hardship to my daughter.<br>
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217 <h4>3c. Cumulative effect of psychological hardship</h4>
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218 If a wavier is not granted and I see our daughter suffer as described
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219 above I would be further harmed psychologically. My daughter would also
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220 suffer psychologically at seeing me suffer psychologically. The cumulative
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221 effect of the psychological hardship would create an additional extreme
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222 hardship to me and my daughter alike.<br>
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224 <h3>Other Hardships</h3>
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227 <li>Loss of opportunities. My wife's health is improving, she is so
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228 much better. She is at the point in her recovery that she is now looking
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229 for employment. With her employment she will become a stronger person
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230 and be able to contribute to our family's economy. Therefore, if she was
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231 forced to leave there would be a loss of these opportunities to our household.
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232 We would lose a stronger wife/mother and lose her economic support.</li>
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233 <li>The whole experience I have suffered with my wife and her problems
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234 have left an injury in me psychologically. I am on medication, Wellbutren,
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235 for my depression. My depression all stems from the possibility of losing
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236 my wife and the destruction of my family. If my wife were to leave I know
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237 I would suffer additional depression as the fears that are driving my
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238 depression become a reality. I am uncertain as to the level of harm I
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239 would suffer, but it is foreseeable that I would need more medication
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240 and therapy.</li>
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241 <li>My fear for her safety. I am scared for my wife's safety. I fear
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242 she will face so many problems, as noted above, that she may become suicidal
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243 again. I fear because of the level of crime in her country. I fear for
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244 the very real possibility of her coming into contact with the same persons
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245 that previously attacked her. I do not think that she could be safe in
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249 In summary, if my wife were denied this waiver:<br>
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251 <li>I would suffer extreme hardship due to forced separation from my wife</li>
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252 <li>Joining my wife in the Ukraine would not be a viable option because
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253 I do not speak Russian, the ability to obtain employment is very limited
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254 in my field and I could not afford to support my wife and myself and support
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255 our daughter back in the United States if I were to move to the Ukraine.</li>
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256 <li>I would be forced to choose between a relationship with my wife and
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257 a relationship with our daughter.</li>
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258 <li>It would be very difficult to have more children, a primary goal for
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259 both of us when we decided to marry, in an international, long distance relationship.<br>
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261 <li>If I were to choose our daughter then contact and communication with
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262 my wife would be severely limited due to expense and logistics.</li>
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263 <li>Our daughter would suffer emotionally and psychologically due to the
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264 breaking of the bond between her and her step-mother.</li>
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265 <li>Forced separation would have a cumulative effect on the emotional suffering
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266 of our daughter and I.<br>
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268 <li>It would be an extreme hardship on me financially to attempt to afford
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269 a second household to support my wife, with her additional medical and treatment
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270 needs, in the Ukraine and our daughter in the US.</li>
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271 <li>Our daughter would suffer economically as a forced separation would
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272 drastically increase the financial load on our family.</li>
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273 <li>I would worry greatly about the lack of treatment that my wife would
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274 be able to get in the Ukraine, that she might come into contact with the
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275 very people and situations that have caused her so much psychological harm
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276 before. It is a very real possibility that she might become suicidal again. </li>
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277 <li>I would suffer additional psychological problems and need even more
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278 treatment than I have already sought due to my worry of separation from my
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279 wife and the possibility of her becoming suicidal again.</li>
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280 <li>Our family would lose a strong wife and mother and economic opportunities
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281 that she brings to the family.</li>
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282 <li>I would fear for my wife's safety in the Ukraine and I would not be
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283 able to protect and provide for her adequately.<br>
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286 As a family we are doing well in all respects. As a family we have a stable
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287 and secure home. If my wife were denied the waiver then I would be forced
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288 into a terrible choice: To be permanently separated from my wife since
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289 there would be no other way for her to immigrate, or to join her in such
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290 a dire, bleak life as described above and be permanently separated from
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291 our daughter and causing further harm to our daughter and disruption of
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292 her financial well being not to mention being unable to fulfill my financial
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293 and court ordered obligation to provide financial support for our daughter.
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294 In both options our daughter and I would suffer greatly, emotionally,
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295 economically, psychologically and physically. The end result of the waiver
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296 not being granted would be to destroy a happy home and cause a loss of
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297 love, bonding and security. If the waiver is not granted it would condemn
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298 me to poverty and a life of no hope as a separated family.<br>
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301 Andrew DeFaria<br>
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304 <h5>Footnotes:</h5>
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307 <li><a name="1"></a>See personal statement attachment 1 for more details</li>
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308 <li><a name="2"></a>See attached Kaiser medical records</li>
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309 <li><a name="3"></a>See IOP program description and noted treatment</li>
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310 <li><a name="4"></a>See Kaiser notes and treatment</li>
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311 <li><a name="5"></a>See attached country conditions<br>
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