Andrew DeFaria
6187 Ellerbrook Way
San Jose, California 95123-5012
Day Phone: (408)-855-8860x121
Evening Phone: (408)-363-0562
Email: Andrew@DeFaria.com

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 beg of you to please hear my story and to help me. At this point you are about the last person who I can turn to for such help. As a compassionate human being I beg of you to help me. Please do not turn away from me and cause me continuing pain and heartache! A short and simple letter from you to the right person can ease my suffering and help right a wrong that I feel is being done to me, putting myself and my family through much pain, frustration and anguish and unite a family, which has been something I've been trying to do for many years now.

My problem is that my petition for my fiancée is in a bueacratic black hole. I followed all the proper procedures and my petition was approved, way back on the 2nd of January, 2001. We had disclosed all of the information required, we have never hid anything and we have been truthful. But at the Warsaw embassy interview in April 2001 the consular decided to send the petition back to California for "administrative review". I have been trying to no avail since then to get information, any information from both the embassy and the INS. The embassy is very vague about the problem. Your office did manage to get some information from them and I thank you for that. But I have not heard from the INS at all since January! Not one response. Not a letter. Nothing. And there is no way for me to contact them. There is only one phone number and it's busy all day. One day in May, when I was unemployed (and almost lost my house) I dialed and redialed for 3 hours straight finally managing to get through only to hear "I'm sorry but your petition is not in our computer". I finally got a job and I can't spend 3 hours dialing the INS during work if I want to keep my house.

After talking to another immigration attorney recently I was told that it may take an additional 18 months! My fiancée and I are being kept apart by my own government for possibly 2 years! The attorney tells me that such cases are not a high priority for the INS. I can assure you that this case is indeed a high priority for me and my family. It seems almost criminal to keep two people destined to become a loving family from each other simply because of beaucratic red tape for such a long period of time.

The consular seems to be questioning my fiancée's former marriages as possibly being fraudulent. I have managed to obtain the files for both me and my fiancée through the Freedom of Information Act and had gone over these files with an immigration attorney. We cannot find anything in the record to substantiate a claim of fraudulent marriage. I have also talked on the phone with my fiancée's former husbands and neither of them feel that their prior marriage to my fiancée was fraudulent. In other words nobody involved believes that fraud occurred and there is nothing in the record to suggest that it did. But my petition is stuck at the California Service Center and may not even be looked at for another year! I'm certain if the INS would just look at my case they can easily determine that my petition should be reaffirmed and moved on but I wait because nobody cares and there is no mechansim for me to get any service from the service center. There is no way for me to get some action on this. But if you wrote a simple letter to them I'm positive that this would get some action. Would you please, please help me here? I beg of you. If you do help I'd even name my next daughter Diane!

To get a little bit of an idea of how this feels picture your loved ones separated from you, in a foriegn country, forced to live on a farm with an outhouse and no running hot water. They have no job because it's next to impossible to find work in that country. They cannot call you. You can only call them and that is your only means of relating to them. They will be stuck there for years because your government will not let them come here. They cannot get a tourist visa to visit here, tourist visas are rarely given out. You have limited funds and cannot easily travel there to visit them. And there is nothing really wrong with your wishes to get them back, it's just that your government decides that your request is not important to them and you'll just have to wait another year or two. How can the government say they believe in family values when they keep families apart?

Again, I beg of you to please take a few moments to send a letter to the INS asking them to process my case and to respond to me. I am not asking you to ask them to approve me, just to process the case on it's own merits. I agree with you about visas, foreigners and terrorists but this is not a terrorist situation - this is a family visa issue. This is an act of uniting a family.

Very truly yours,

Andrew DeFaria
Andrew DeFaria





Administrative Review of Approved I-129F
Andrew DeFaria
6187 Ellerbrook Way
San Jose, California 95123-5012
Phone: (408)-363-0562
Email: Andrew@DeFaria.com

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 #:
WRW2001008031

Dear Senator Barbara Boxer,

I beg of you to please hear my story and to help me. At this point you are about the last person who I can turn to for such help. As a compassionate human being I beg of you to help me. Please do not turn away from me and cause me continuing pain and heartache! A short and simple letter from you to the right person can ease my suffering and help right a wrong that I feel is being done to me, putting myself and my family through much pain, frustration and anguish and unite a family, which has been something I've been trying to do for many years now.

My problem is that my petition for my fiancée is in a bueacratic black hole. I followed all the proper procedures and my petition was approved, way back on the 2nd of January, 2001. We had disclosed all of the information required, we have never hid anything and we have been truthful. But at the Warsaw embassy interview in April 2001 the consular decided to send the petition back to California for "administrative review". I have been trying to no avail since then to get information, any information from both the embassy and the INS. The embassy is very vague about the problem. Your office did manage to get some information from them and I thank you for that. But I have not heard from the INS at all since January! Not one response. Not a letter. Nothing. And there is no way for me to contact them. There is only one phone number and it's busy all day. One day in May, when I was unemployed (and almost lost my house) I dialed and redialed for 3 hours straight finally managing to get through only to hear "I'm sorry but your petition is not in our computer". I finally got a job and I can't spend 3 hours dialing the INS during work if I want to keep my house.

After talking to another immigration attorney recently I was told that it may take an additional 18 months! My fiancée and I are being kept apart by my own government for possibly 2 years! The attorney tells me that such cases are not a high priority for the INS. I can assure you that this case is indeed a high priority for me and my family. It seems almost criminal to keep two people destined to become a loving family from each other simply because of beaucratic red tape for such a long period of time.

The consular seems to be questioning my fiancée's former marriages as possibly being fraudulent. I have managed to obtain the files for both me and my fiancée through the Freedom of Information Act and had gone over these files with an immigration attorney. We cannot find anything in the record to substantiate a claim of fraudulent marriage. I have also talked on the phone with my fiancée's former husbands and neither of them feel that their prior marriage to my fiancée was fraudulent. In other words nobody involved believes that fraud occurred and there is nothing in the record to suggest that it did. But my petition is stuck at the California Service Center and may not even be looked at for another year! I'm certain if the INS would just look at my case they can easily determine that my petition should be reaffirmed and moved on but I wait because nobody cares and there is no mechansim for me to get any service from the service center. There is no way for me to get some action on this. But if you wrote a simple letter to them I'm positive that this would get some action. Would you please, please help me here? I beg of you. If you do help I'd even name my next daughter Diane!

To get a little bit of an idea of how this feels picture your loved ones separated from you, in a foriegn country, forced to live on a farm with an outhouse and no running hot water. They have no job because it's next to impossible to find work in that country. They cannot call you. You can only call them and that is your only means of relating to them. They will be stuck there for years because your government will not let them come here. They cannot get a tourist visa to visit here, tourist visas are rarely given out. You have limited funds and cannot easily travel there to visit them. And there is nothing really wrong with your wishes to get them back, it's just that your government decides that your request is not important to them and you'll just have to wait another year or two. How can the government say they believe in family values when they keep families apart?

Again, I beg of you to please take a few moments to send a letter to the INS asking them to process my case and to respond to me. I am not asking you to ask them to approve me, just to process the case on it's own merits. I agree with you about visas, foreigners and terrorists but this is not a terrorist situation - this is a family visa issue. This is an act of uniting a family.

Very truly yours,

Andrew DeFaria
Andrew DeFaria