Senator Barbara Boxer
1700 Montgomery Street,
Suite 240
San Francisco, California 94111

Re:	Administrative Review of Approved I-129F
	Petitioner:	Andrew DeFaria
	Beneficiary:	Olga Fedoryaka
	CSC File #:	WAC0101653678
	Case ID #:	WRW2001009031

Dear Senator Barbara Boxer ,

I received your response the other day. Thanks. All I can say is that I am totally stunned by it. 3 YEARS!!! Surely they can't be serious! I find it totally unacceptable that I am being punished and forced to wait for 3+ years just to get my paperwork processed! This is inhuman! They say that consular returns are low priority for them. What exactly does that mean? What is it but an excuse for them to take even more time? Why should consular returns be any lower of a priority than anything else? The assumption is that either the petitioner or the beneficiary has done something wrong. Well what if the mistake was not with either the petitioner or the beneficiary? Indeed the mere fact that the petition was returned indicates that the consulate believes that the INS did something wrong! And if my petition were looked at I'm sure that they will find that there is nothing wrong at all!

QUESTION: Do you believe that a 3 year wait is acceptable or not?

I'm sure you're aware of the LIFE act and the new K3 petitions. Why did they come into existence? They came in to existence because Congress realized that the INS was taking in excess of 2 years to process spousal visas and in the interest of family unity they came up with the K3 visa which allows the spouse to reunite with the family and wait out the excessive processing times here in the US. In other words Congress gave relief from what they saw as excessive INS processing times. And these were only 2 year waits. Yet here I'm being told of a 3 year wait.

QUESTION: Why must I be forced to wait for 3 years just to process my petition?

QUESTION: Will I be afforded any relief from this excessive wait time?

I am NOT asking to be processed before anybody else. On the contrary I believe that my petition, as well as any other petition that has been similarly returned, be processed within a reasonable amount of time. What is a reasonable amount of time? I would say no more than 2 months. That is more than enough time to process a petition. I am NOT asking to be given special treatment or to be somehow pre approved. On the contrary I am asking to have my petition processed on its own merits because I feel confident that there is nothing wrong going on here. I would expect expedited service when my petition is reapproved since I was unduly delayed causing me and my family much unnecessary pain. I find it totally unacceptable to be told that I have to wait 3 years for my petition to be processed and kept in the dark as to what the "charges" are against me. Make no mistake about it I am indeed suffering through this. I effectively have been just handed a 3 year sentence of continued suffering without knowing why, without benefit of due process and without trial. There is no way that this can be right, just or moral.

What I'd like to know is what is your office going to do for me? How will they assist me in this matter? Because so far it seems like they have likewise convicted me and seem to have no problems with letting their constituate suffer for another 3 years in the dark.

QUESTION: What will your office do to assist me in this matter?

Finally, as is apparently common, and for reasons that are totally beyond me, consistently the questions that I ask are not answered thoroughly at all. I specifically asked what date did the California Service Center receive my petition back from the consulate. Why does everybody conveniently forget to answer that question? The date that they received the petition back is very important and I have specifically asked for that date and yet you neglect to answer that question! Why? As such I will, yet again ask it:

QUESTION: WHAT WAS THE DATE THAT THE CALIFORNIA SERVICE CENTER RECEIVED MY PETITION?

OK, now is there any way I can make myself clearer on that question?

Also, the processing times are consistently getting longer and longer. Initially I was told 6 months, then 1 year, then 18 months. In fact, as recently as January 7, 2002 a representative of your office, Gabrielle, told me 18 months. Then I hear 2 years and then 2 years and 6 months. Now 3 years. I think it more than mere coincidence that the estimates keep going up by 6 months. Also what I find hard to believe is that the time keeps getting longer! I mean I've already waited approximately 9 months. The time should be getting shorter not longer! And these estimates are estimates from what start date? Logic suggests from the date the petition was returned to the California Service Center. So hopefully you can see why I believe that date to be particularly important to me. Please include that date with your response, OK?

Note: The questions above denoted with the word QUESTION are NOT rhetorical! I am requesting an answer for them specifically.
 

Very truly yours,

Andrew DeFaria