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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
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28 Dianne Feinstein<br>
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29 One Post Street, Suite 2450<br>
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30 San Francisco, CA 94104</font></small></p>
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31 <small><small> </small></small><small><small> </small></small><small><small>
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32 </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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45 <table cellpadding="2" cellspacing="0" border="0">
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48 <td valign="Top"><small>Re:</small><small><br>
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49 </small><small> </small></td>
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50 <td valign="Top" colspan="2"><small><b>Administrative Review
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51 of Approved I-129F</b></small><small><br>
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52 </small><small> </small></td>
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55 <td valign="Top"><small><br>
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56 </small><small> </small></td>
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57 <td valign="Top"><small> </small>
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59 <div align="Left"><small><font face="Helvetica, Arial, sans-serif"><b>
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60 Petitioner:</b></font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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61 </font></small></div>
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62 <small> </small></td>
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63 <td valign="Top"><small><font face="Helvetica, Arial, sans-serif">
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64 Andrew DeFaria</font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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65 </font></small></td>
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68 <td valign="Top"><small><br>
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69 </small><small> </small></td>
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70 <td valign="Top"><small> </small>
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72 <div align="Left"><small><font face="Helvetica, Arial, sans-serif"><b>
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73 Beneficiary:</b></font></small><small><font face="Helvetica, Arial, sans-serif"><b><br>
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74 </b></font></small></div>
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75 <small> </small></td>
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76 <td valign="Top"><small><font face="Helvetica, Arial, sans-serif">
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77 Olga Fedoryaka</font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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78 </font></small></td>
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81 <td valign="Top"><small><br>
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82 </small><small> </small></td>
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83 <td valign="Top"><small> </small>
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85 <div align="Left"><small><font face="Helvetica, Arial, sans-serif"><b>
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86 CSC File #:</b></font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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87 </font></small></div>
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88 <small> </small></td>
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89 <td valign="Top"><small><font face="Helvetica, Arial, sans-serif">
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90 </font></small><small><font face="Helvetica, Arial, sans-serif">
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91 WAC0101653678</font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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92 </font></small></td>
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95 <td valign="Top"><small><br>
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96 </small><small> </small></td>
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97 <td valign="Top"><small> </small>
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99 <div align="Left"><small><font face="Helvetica, Arial, sans-serif"><b>
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100 Case ID #:</b></font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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101 </font></small></div>
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102 <small> </small></td>
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103 <td valign="Top"><small><font face="Helvetica, Arial, sans-serif">
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104 WRW2001009031</font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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105 </font></small></td>
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111 <small>Dear Senator Diane Feinstein,</small><br>
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113 <font face="Helvetica, Arial, sans-serif"><small>Thank you for your
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114 voice mail dated January 29, 2002 however I am sorry to say th</small><small>
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115 at I find the answer insufficient. Let me again attempt to be clear as to
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116 what a</small><small>ssistance I am seeking from your office. Feel free to
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117 contact me if you need fur</small><small>ther clarification of any of the
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118 following. I am seeking to obtain answers to th</small><small>e following
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119 questions:</small><small><br>
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122 <li><small>The date that the California Service Center received my
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123 petition. You seem to be reluctant to obtain this information for me. Forgive
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124 me but your voice mail message was not very clear. It seemed as if you were
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125 saying that you cannot tell me when the INS received my returned petition
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126 because they have not entered it into their computer system. Yet you also
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127 mention that processing of returned petitions can take from 24 - 30 months.
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128 My question is simple: 24 - 30 months from <b>when?!?</b> In other words how
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129 does one determine a 24 - 30 month time period has ended when one does not
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130 known from what date to start counting from?!? I do not know how I could be
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131 clearer on this issue. If you are still confused then please tell me what
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132 is confusing you here. It feels like you are intentionally being elusi</small><small>
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133 ve about this issue. Why?</small><br>
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135 <li><small>You stated that the California Service Center is backlogged
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136 several months. How many months is the California Service Center backlogged?
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137 Because I've already been waiting 9 months. In a few more months it'll be
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138 a year! What is going to be done to stop these unnecessary delays?</small></li>
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139 <li><small>I still do not have a definitive statement of what the
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140 problem is with my petition. You mean to tell me that I'm to be kept separated
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141 from my fiancee for more than 2 years and I will not be told why? How could
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142 this be right? How can this be just? How can you let your constituents suffer
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143 such pain? As a United States Citizen I demand to know why I am being persecuted
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144 for years without a known just cause! This is similar to a Writ of Habeus
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145 Corpus</small></li>
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146 <li><small>According to Lisa Piascik <PiascikL@state.gov> of
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147 the Visa Services in the state department there is a difference between an
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148 approved petition and an approved visa application. The embassy takes the
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149 visa application and must either issue or refuse the visa. My fiancée's
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150 visa was refused. According to Lisa the embassy must issue a written explanation
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151 why they refused the visa ("New facts arose..." doesn't cut it because there
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152 are no new facts! See below). My fiancée and I never received the
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153 written explanation. Now I know your office approached the embassy inquiring
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154 on my behalf as to the reasons my petition was returned for administrative
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155 review but only managed to receive a vague response. Now I am asking you
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156 to get this written explanation about why my fiancée's visa was refused.</small>
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157 <small>I want a written explanation from the embassy.</small></li>
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160 <small>Following are a few points that remain unanswered from my last
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161 fax. Why do you continue to not answer these?<br>
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164 <li><small>I would still like to know what status my petition is in as
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165 well as some indication of what steps are ahead. I have no foreknowledge
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166 of the steps and procedures that the INS takes in these matters. I am trying
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167 to understand this process, where I am in this process, what's next and
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168 what other steps lie ahead. Again I do not think that this is too much
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169 to ask for. </small></li>
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170 <li><small>I also feel that I should be allowed the opportunity to present
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171 evidence and/or additional information to support my case. I was told,
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172 on a number of occasions by the Warsaw Embassy that I can submit additional
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173 evidence however I was never told how I can do that nor where I should submit
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174 the evidence. Can I or can I not submit evidence to support my case? If
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175 I cannot then why did the embassy tell me, several times mind you, that
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176 I could?</small></li>
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178 <small>And although the following is rather lengthy I feel it is still pertinent
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179 and as such I ask you to respond to it again. Make no mistake about it I
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180 will continue to ask these questions and push these issues until they are
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181 addressed. They are important to me and if you were in my shoes I'm sure
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182 you would do likewise. I feel like I have been treated unfairly and I have
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183 been pleading with your office for assistance so that this wrong can be righted.
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186 I do believe that I am being unfairly judged and that I was unfairly treated
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187 by the embassy. I have already filed a complaint about the consular who
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188 treated me very disrespectfully, intimidating me and being downright rude.
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189 I also feel I've been treated with disrespect by INS officials too. I would
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190 like to be treated with respect from your office and the people that work
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191 there.</small><small><br>
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192 </small><small><br>
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193 </small><small>And I do believe that my petition should not have been
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194 returned by the embassy, that there was not a legal basis for the consular
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195 to return the petition. I say so because of the following section from
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196 the Foreign Affairs Manual (</small><small>9 FAM 42.43 N2.1 Petitions Approved
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197 in Error): </small>
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198 <blockquote><small>The approval of a petition is usually considered to be
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199 prima facie evidence that the alien beneficiary has met the petition requirements.
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200 Unless a petition has been approved in error, the petition can only be returned
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201 if the consular officer knows, or has reason to believe, that the beneficiary
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202 is not entitled to status. Knowledge and reason to believe must be based
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203 upon evidence that the INS did not have available at the time of adjudication.
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204 This evidence often arises as a result of or during the consular officer’s
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205 interview. </small><b><small><u>Reason to believe must be more than mere
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206 conjecture or speculation</u></small></b><small>—there must exist probability,
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207 </small><b><small><u> supported by evidence</u></small></b><small> that
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208 the alien is not entitled to status.</small></blockquote>
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209 <small> And 9 FAM 42.43 N2.2 Cases of Sham Marriages: </small>
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211 <blockquote><small>INS has minimum evidentiary standards that must be established
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212 before revocation proceedings may begin. These minimum evidentiary standards
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214 <p><small>(1) A written statement from one or both of the parties to
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215 the marriage or documentary evidence that money exchanged hands; or </small></p>
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217 <p><small>(2) </small><b><small><u>Factual evidence developed by the
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218 consular officer that would convince a reasonable person that the marriage
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219 was a sham marriage entered into to evade immigration laws.</u></small></b></p>
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223 <small>It is clear that the wording of these clauses is
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224 fairly strong and that the intention was to stress that the consular officer
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225 should not be second guessing the decisions made by the INS unless there
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226 exists <u><b>factual evidence developed by the consular officer</b></u>
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227 to indicate otherwise. Further it is expressly mentioned that <u><b>conjecture
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228 or speculation</b></u> is not enough to return a petition, that there must
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229 be probability <u><b>supported by evidence</b></u> before the consular
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230 should consider returning the petition. It seems clear that the INS knows
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231 that such returned petitions can cause undue hardships and delays. </small><small><br>
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232 </small><small><br>
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233 </small><small>And yet I feel strongly that the consular did return
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234 my petition without sufficient factual evidence. This is why I had tried
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235 so hard to find out what factual evidence they were basing their decision
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236 to return the petition on. You see I was at the interview and I heard what
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237 the consular heard. My petition had clearly disclosed both of my fiancée's
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238 prior marriages, their start and end dates as well as both of her divorce
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239 decrees. For the life of me I cannot fathom what new facts the consular
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240 thought arose at the interview that the INS did not have available at the
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241 time of adjudication. There were no new facts. I feel confident when I say
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242 that I believe the consular return the petition based on conjecture and speculation
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243 that my fiancée must have married solely for the purposes of obtaining
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244 an immigration benefit and if he sent back my petition then surely the INS
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245 would find something.</small><small><br>
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246 </small><small><br>
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247 </small><small>However they will find that they are mistaken because
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248 I have already researched this, obtained a Freedom Of Information Act (FIOA)
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249 file that clearly shows the record and there is no evidence in the record
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250 that my fiancée ever even applied for an immigration benefit based
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251 on her second marriage (her first marriage was a K1 so obviously they applied
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252 for AOS for her first marriage but I feel that the consular was clearly
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253 questioning her second marriage not her first and I know the first marriage
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254 was not entered into fraudulently either).</small><small><br>
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255 </small><small><br>
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256 </small><small>I fail to understand what is so secretive about these
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257 new facts that I cannot be made aware of them. This is definitely not a
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258 matter of national security and there isn't even a hint of a terrorist threat
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259 or anything like that. Yet the embassy will not tell me what these supposed
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260 new facts are and I believe that this is because they don't have any new
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261 facts and to admit that would be to admit that they did not follow the proper
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262 procedures.</small><small><br>
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263 </small><small><br>
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264 </small><small>While I may not be privileged enough to be told these
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265 facts perhaps you and your office can be told what these facts really are.
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266 If so then I'm sure that you would see that my petition was erroneously
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267 returned in violation of the regulations and you might better understand
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268 my anger over being put though this pain for unjust causes. Could you find
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269 out these facts for me, tell me them if you can or keep them to yourselves
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270 if you must, but at least become aware of them so you can see my viewpoint?</small><small><br>
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271 </small><small><br>
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272 </small><small>Further, I have already spoken with both of my fiancée's
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273 ex husband's. Neither of them feel that their marriages were entered into
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274 solely for the purpose of frauding the INS for an immigration benefit.
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275 My fiancée states that the purposes of her marriages were not solely
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276 for an immigration benefit, the record shows she didn't even apply for a
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277 visa for her second marriage and she even left the country on her own accord
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278 in good terms with the hopes of someday finding her true love and returning
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279 to America. She's found her true love in me. And now we are waiting for my
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280 government to allow her to return. You can help correct this wrong I feel
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281 that has been perpetrated on us.</small><small><br>
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282 </small><small><br>
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283 </small><small>I await your response.</small>
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284 <blockquote><small><small> </small></small>
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286 <blockquote><small><small> </small></small>
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288 <blockquote><small><small> </small></small>
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291 <blockquote><small><small> </small></small>
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294 <p><small><font face="Helvetica, Arial, sans-serif">Very truly
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295 yours,</font></small></p>
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299 <p><small><font face="Helvetica, Arial, sans-serif"><img src="/Images/Signature.gif" alt="Andrew DeFaria" width="200" height="37">
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300 </font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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301 </font></small><small><font face="Helvetica, Arial, sans-serif">
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302 Andrew DeFaria</font></small></p>
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303 <small> </small></blockquote>
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304 <small> </small></blockquote>
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305 <small> </small></blockquote>
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306 <small> </small></blockquote>
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307 <small> </small><small><font face="Helvetica, Arial, sans-serif"><br>
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308 </font></small><small><br>
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309 </small><small> </small><small><font face="Helvetica, Arial, sans-serif"><br>
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310 </font></small><small><font face="Helvetica, Arial, sans-serif"><br>
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311 </font></small></div>
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312 <small> </small></div>
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