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7 <meta name="author" content="Andrew DeFaria">
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8 <title>Administrative Review of Approved I-129F</title>
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12 <div align="Right"><small><font face="Helvetica, Arial, sans-serif">Andrew
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13 DeFaria</font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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14 </font></small><small><font face="Helvetica, Arial, sans-serif">
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15 6187 Ellerbrook Way</font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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16 </font></small><small><font face="Helvetica, Arial, sans-serif">
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17 San Jose, California 95123-5012</font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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18 </font></small><small><font face="Helvetica, Arial, sans-serif">
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19 Day Phone: (408)-855-8860x121</font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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20 </font></small><small><font face="Helvetica, Arial, sans-serif">
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21 Evening Phone: (408)-363-0562</font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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22 </font></small><small>Email: </small><small><a href="mailto:Andrew@DeFaria.com">
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23 Andrew@DeFaria.com</a>
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24 </small><small> </small><small><br>
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26 <div align="Justify"><small> </small>
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27 <p><small><font face="Arial, Helvetica, sans-serif">Senator Barbara Boxer<br>
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28 </font></small><small>1700 Montgomery Street,</small><small><br>
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29 </small><small> Suite 240</small><small><br>
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30 </small><small><font face="Arial, Helvetica, sans-serif">San Francisco, California
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31 94111</font></small></p>
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32 <small><small> </small></small><small><small> </small></small><small><small>
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33 </small></small><small><small> </small></small><small><small>
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34 </small></small><small><small> </small></small><small><small>
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35 </small></small><small><small> </small></small><small><small>
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36 </small></small><small><small> </small></small><small><small>
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37 </small></small><small><small> </small></small><small><small>
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38 </small></small><small><small> </small></small><small><small>
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39 </small></small><small><small> </small></small><small><small>
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40 </small></small><small><small> </small></small><small><small>
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41 </small></small><small><small> </small></small><small><small>
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42 </small></small><small><small> </small></small><small><small>
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43 </small></small><small><small> </small></small><small><small>
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44 </small></small><small><small> </small> </small><small><small>
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46 <table cellpadding="2" cellspacing="0" border="0">
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49 <td valign="Top"><small>Re:</small><small><br>
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50 </small><small> </small></td>
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51 <td valign="Top" colspan="2"><small><b>Administrative Review
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52 of Approved I-129F</b></small><small><br>
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53 </small><small> </small></td>
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56 <td valign="Top"><small><br>
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57 </small><small> </small></td>
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58 <td valign="Top"><small> </small>
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60 <div align="Left"><small><font face="Helvetica, Arial, sans-serif"><b>
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61 Petitioner:</b></font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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62 </font></small></div>
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63 <small> </small></td>
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64 <td valign="Top"><small><font face="Helvetica, Arial, sans-serif">
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65 Andrew DeFaria</font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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66 </font></small></td>
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69 <td valign="Top"><small><br>
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70 </small><small> </small></td>
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71 <td valign="Top"><small> </small>
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73 <div align="Left"><small><font face="Helvetica, Arial, sans-serif"><b>
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74 Beneficiary:</b></font></small><small><font face="Helvetica, Arial, sans-serif"><b><br>
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75 </b></font></small></div>
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76 <small> </small></td>
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77 <td valign="Top"><small><font face="Helvetica, Arial, sans-serif">
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78 Olga Fedoryaka</font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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79 </font></small></td>
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82 <td valign="Top"><small><br>
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83 </small><small> </small></td>
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84 <td valign="Top"><small> </small>
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86 <div align="Left"><small><font face="Helvetica, Arial, sans-serif"><b>
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87 CSC File #:</b></font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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88 </font></small></div>
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89 <small> </small></td>
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90 <td valign="Top"><small><font face="Helvetica, Arial, sans-serif">
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91 </font></small><small><font face="Helvetica, Arial, sans-serif">
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92 WAC0101653678</font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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93 </font></small></td>
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96 <td valign="Top"><small><br>
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97 </small><small> </small></td>
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98 <td valign="Top"><small> </small>
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100 <div align="Left"><small><font face="Helvetica, Arial, sans-serif"><b>
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101 Case ID #:</b></font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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102 </font></small></div>
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103 <small> </small></td>
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104 <td valign="Top"><small><font face="Helvetica, Arial, sans-serif">
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105 WRW2001009031</font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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106 </font></small></td>
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112 <small>Dear </small><small>Senator Barbara Boxer</small><small>
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115 <small>Let me be clear as to what assistance I am seeking from your office.
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116 I am seeking to obtain answers to the following questions:<br>
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120 <li><small>The date that the California Service Center received my
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121 petition</small><small><br>
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123 <li><small>Whether a new case number or file number has been assigned
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124 to my case or should I continue to identify my case by the above identifiers.</small></li>
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125 <li><small>A definitive statement of what the problem is with my petition</small></li>
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126 <li><small>The current status of my petition; if under investigation
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127 then the current status of the investigation</small></li>
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128 <li><small>A reasonable estimate of when a decision will be reached</small></li>
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129 <li><small>Whether I will be permitted to introduce any evidence or
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130 additional information to support my case and if so how and where </small></li>
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133 <small>As for #1 above, I've been given extremely rough estimates of
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134 how long this process takes. I assume that these time estimates start when
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135 the service center receives the petition back. As such the date the service
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136 center received the petition is important.</small><small><br>
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137 </small><small><br>
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138 </small><small>As for #3, I had received a statement from the Warsaw
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139 consulate that vaguely mentioned what </small><small><i> might</i></small><small>
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140 be the problem. I have also heard from INS people that the problem is
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141 probably that they are investigating my fiancée's prior marriages
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142 to US Citizen's as possibly being fraudulent. But to date I have never
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143 received anything official stating that indeed my problem was that. I would
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144 like an official statement stating exactly what the problem is. I do not
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145 think that this is too much to ask for.</small><small><br>
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146 </small><small><br>
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147 </small><small>Regarding #4 above, I would like to know what status my
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148 petition is in as well as some indication of what steps are ahead. I have
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149 no foreknowledge of the steps and procedures that the INS takes in these
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150 matters. I am trying to understand this process, where I am in this process,
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151 what's next and what other steps lie ahead. Again I do not think that this
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152 is too much to ask for.</small><small><br>
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153 </small><small><br>
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154 </small><small>I think I deserve a reasonable estimate as to when a decision
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155 will be made in my case. From what I've been able to ascertain so far my
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156 petition arrived in the service center sometime in the early summer of 2001.
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157 From that time until now, as far as I can tell, it has just sat there! Sitting
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158 there with absolutely nothing being done to it, not even notifying me,
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159 that the petition has arrived back to the service center is simply unacceptable.
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160 Also, as far as I can tell, nothing will be done with my petition unless
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161 somebody like you inquires about my petition, it's status and asks when it
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162 will be processed. I've contacted the INS many times. And many times they
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163 told me that they had no plans on doing </small><small><b>anything</b></small><small>
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164 with my petition. They were of the opinion that they already done all
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165 that they will do with my petition. This too is unacceptable. I need your
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166 assistance to get the INS to work on my petition because, again, they have
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167 told me that they will not work on it.</small><small><br>
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168 </small><small><br>
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169 </small><small>I also feel that I should be allowed the opportunity to
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170 present evidence and/or additional information to support my case. I was
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171 told, on a number of occasions by the Warsaw Embassy that I can submit
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172 additional evidence however I was never told how I can do that nor where
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173 I should submit the evidence. Can I or can I not submit evidence to support
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174 my case? If I cannot then why did the embassy tell me, several times mind
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175 you, that I could?</small><br>
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177 <small>I find it disturbing that your office treats me as if my fiancée
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178 and I are guilty as charged and should be forced to wait and endure much
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179 hardship and pain. It's as if they believe we are common criminals. I know
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180 that I, as a US Citizen, have the right to be seen as innocent until proven
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181 guilty. I realize that my fiancée, not being a US Citizen does not
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182 have that right yet. However I believe that she and I deserve at least some
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183 common courtesy and respect that perhaps we are indeed telling the truth,
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184 that my fiancée did not try to commit fraud and that we should get
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185 to the bottom of this issue observing the facts before making any judgments,
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186 especially since such prejudgments profoundly effect the life of one of
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187 your constituents. I am asking for my case to be heard, not for my case to
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188 be pushed through the system without scrutiny.</small><small><br>
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189 </small><small><br>
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190 </small><small>I do believe that I am being unfairly judged and that
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191 I was unfairly treated by the embassy. I have already filed a complaint
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192 about the consular who treated me very disrespectfully, intimidating me
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193 and being downright rude. I also feel I've been treated with disrespect
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194 by INS officials too. I would like to be treated with respect from your
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195 office and the people that work there.</small><small><br>
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196 </small><small><br>
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197 </small><small>And I do believe that my petition should not have been
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198 returned by the embassy, that there was not a legal basis for the consular
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199 to return the petition. I say so because of the following section from the
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200 Foreign Affairs Manual (</small><small>9 FAM 42.43 N2.1 Petitions Approved
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201 in Error): </small>
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202 <blockquote><small>The approval of a petition is usually considered to be
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203 prima facie evidence that the alien beneficiary has met the petition requirements.
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204 Unless a petition has been approved in error, the petition can only be
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205 returned if the consular officer knows, or has reason to believe, that the
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206 beneficiary is not entitled to status. Knowledge and reason to believe must
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207 be based upon evidence that the INS did not have available at the time of
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208 adjudication. This evidence often arises as a result of or during the consular
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209 officer’s interview. </small><b><small><u>Reason to believe must be more
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210 than mere conjecture or speculation</u></small></b><small>—there must exist
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211 probability, </small><b><small><u> supported by evidence</u></small></b><small>
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212 that the alien is not entitled to status.</small></blockquote>
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213 <small> And 9 FAM 42.43 N2.2 Cases of Sham Marriages: </small>
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215 <blockquote><small>INS has minimum evidentiary standards that must be established
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216 before revocation proceedings may begin. These minimum evidentiary standards
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218 <p><small>(1) A written statement from one or both of the parties to the
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219 marriage or documentary evidence that money exchanged hands; or </small></p>
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221 <p><small>(2) </small><b><small><u>Factual evidence developed by the consular
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222 officer that would convince a reasonable person that the marriage was a
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223 sham marriage entered into to evade immigration laws.</u></small></b></p>
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227 <small>It is clear that the wording of these clauses is
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228 fairly strong and that the intention was to stress that the consular officer
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229 should not be second guessing the decisions made by the INS unless there
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230 exists <u><b>factual evidence developed by the consular officer</b></u> to
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231 indicate otherwise. Further it is expressly mentioned that <u><b>conjecture
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232 or speculation</b></u> is not enough to return a petition, that there must
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233 be probability <u><b>supported by evidence</b></u> before the consular should
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234 consider returning the petition. It seems clear that the INS knows that such
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235 returned petitions can cause undue hardships and delays. </small><small><br>
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236 </small><small><br>
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237 </small><small>And yet I feel strongly that the consular did return
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238 my petition without sufficient factual evidence. This is why I had tried
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239 so hard to find out what factual evidence they were basing their decision
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240 to return the petition on. You see I was at the interview and I heard what
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241 the consular heard. My petition had clearly disclosed both of my fiancée's
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242 prior marriages, their start and end dates as well as both of her divorce
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243 decrees. For the life of me I cannot fathom what new facts the consular thought
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244 arose at the interview that the INS did not have available at the time of
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245 adjudication. There were no new facts. I feel confident when I say that I
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246 believe the consular return the petition based on conjecture and speculation
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247 that my fiancée must have married solely for the purposes of obtaining
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248 an immigration benefit and if he sent back my petition then surely the INS
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249 would find something.</small><small><br>
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250 </small><small><br>
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251 </small><small>However they will find that they are mistaken because
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252 I have already researched this, obtained a Freedom Of Information Act (FIOA)
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253 file that clearly shows the record and there is no evidence in the record
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254 that my fiancée ever even applied for an immigration benefit based
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255 on her second marriage (her first marriage was a K1 so obviously they applied
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256 for AOS for her first marriage but I feel that the consular was clearly questioning
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257 her second marriage not her first and I know the first marriage was not
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258 entered into fraudulently either).</small><small><br>
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259 </small><small><br>
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260 </small><small>I fail to understand what is so secretive about these
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261 new facts that I cannot be made aware of them. This is definitely not a matter
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262 of national security and there isn't even a hint of a terrorist threat or
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263 anything like that. Yet the embassy will not tell me what these supposed
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264 new facts are and I believe that this is because they don't have any new
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265 facts and to admit that would be to admit that they did not follow the proper
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266 procedures.</small><small><br>
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267 </small><small><br>
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268 </small><small>While I may not be privileged enough to be told these
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269 facts perhaps you and your office can be told what these facts really are.
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270 If so then I'm sure that you would see that my petition was erroneously returned
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271 in violation of the regulations and you might better understand my anger
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272 over being put though this pain for unjust causes. Could you find out these
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273 facts for me, tell me them if you can or keep them to yourselves if you must,
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274 but at least become aware of them so you can see my viewpoint?</small><small><br>
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275 </small><small><br>
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276 </small><small>Further, I have already spoken with both of my fiancée's
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277 ex husband's. Neither of them feel that their marriages were entered into
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278 solely for the purpose of frauding the INS for an immigration benefit. My
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279 fiancée states that the purposes of her marriages were not solely
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280 for an immigration benefit, the record shows she didn't even apply for a visa
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281 for her second marriage and she even left the country on her own accord in
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282 good terms with the hopes of someday finding her true love and returning to
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283 America. She's found her true love in me. And now we are waiting for my government
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284 to allow her to return. You can help correct this wrong I feel that has been
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285 perpetrated on us.</small><small><br>
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286 </small><small><br>
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287 </small><small>I await your response.</small>
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288 <blockquote><small><small> </small></small>
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290 <blockquote><small><small> </small></small>
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292 <blockquote><small><small> </small></small>
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294 <blockquote><small><small> </small></small>
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297 <p><small><font face="Helvetica, Arial, sans-serif">Very truly
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298 yours,</font></small></p>
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302 <p><small><font face="Helvetica, Arial, sans-serif"><img src="/Images/Signature.gif" alt="Andrew DeFaria" width="200" height="37">
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303 </font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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304 </font></small><small><font face="Helvetica, Arial, sans-serif">
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305 Andrew DeFaria</font></small></p>
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306 <small> </small></blockquote>
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307 <small> </small></blockquote>
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308 <small> </small></blockquote>
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309 <small> </small></blockquote>
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310 <small> </small><small><font face="Helvetica, Arial, sans-serif"><br>
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311 </font></small><small><br>
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312 </small><small> </small><small><font face="Helvetica, Arial, sans-serif"><br>
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313 </font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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314 </font></small></div>
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315 <small> </small></div>
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