Subject:	Tracking # for Admin Review for WRW2002009031 Olga Fedoryaka
From:	FIANCEWRW@state.gov
To:	Andrew DeFaria <Andrew@DeFaria.com>
Date:	7/25/2001 7:57 AM

Dear Mr. DeFaria:

Thank you for your correspondence dated July 23, 2001. We appreciate your interest and concern regarding your fiancee's petition.

INS approval of a petition does not guarantee visa issuance. The interview process is a final step to both establish the nature and bona fides of a relationship as well as gather all information pertaining to the applicant's case.

We have not denied the visa, but rather returned it to INS for administrative review. There is a difference. The petition was returned in light of facts which arose during the interview that the officer feels were unavailable to INS at the time of approval. Should INS find no grounds to reverse their approval, the petition will be returned to us for adjudication. Per your request we will initiate a trace of the file.

Sincerely, U.S. Embassy, Warsaw

CLASSIFICATION: UNCLASSIFIED This e-mail is unclassified based on the definitions provided in E.O. 12958i

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Notes:

1. It seems pretty apparent at this point that Warsaw will not address the issues that I raised and they will not tell me what this pertinent new facts supposedly  were.
2. I don't think that consulates are charged with the duty of adjudicating anything. They are in the business of issuing or refusing to issue visas when given a visa application - that's all (with respect to fiancée visas at least). If the issue then all is well. If they refuse then they must do so in writing. In my case they did neither - they neither issued nor refused my visa application. However they also did not issue me a written notice of why they refused. By using the term adjudication above it seems clear that they are attempting to play Department of Justice when they should stick to being in the Department of Defense!