Consular Section 
U.S. Embassy Warsaw
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00-540 Warsaw
Fax: +48 (22) 625-7290

Re:	Administrative Review of Approved I-129F
	Petitioner:	Andrew DeFaria
	Beneficiary:	Olga Fedoryaka
	CSC File #:	WAC0101653678
	Case ID #:	WRW2001008031

Dear Sirs,

Recently I finally received the OF-194 form. Thank you. I wish I could say it was helpful but it is not. Missing is, of course, the important information and that would be WHY the case requires an administrative review!

At the bottom of the page were these foreboding words:

*WARNING: IF YOU FAIL TO TAKE THE ACTION REQUESTED WITHIN ONE YEAR FOLLOWING VISA DENIAL UNDER SECTION 221(G) OF THE IMMIGRATION AND NATIONALITY ACT, SECTION 203(G) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED.

As we approach the one year anniversary I would like to emphatically state that I DO NOT WANT MY APPLICATION TO BE CANCELLED!!! I've been trying, by all means at my disposal, to get my petition processed by the INS including, but not limited to, calling, writing letters, 4 different immigration attorneys, enlisting the help of my Congressional representative and both of my Senators as well as driven down to Laguna Niguel to attempt to speak to somebody in person. Nothing has been effective in getting the INS to review my petition! I would also like to bring to your attention that there is no "action" requested on the OF-194 form that I have any control over. The action is for a third party, the INS, and it is beyond my control to compel them to act.

Section 203(G) of the INA is sufficiently vague with respect to this:

(g) Lists.- For purposes of carrying out the Secretary's responsibilities in the orderly administration of this section, the Secretary of State may make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within each of the categories under subsections (a), (b), and (c) and to rely upon such estimates in authorizing the issuance of visas. The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien's control.

The only part that appears to be relevant to a one year deadline is last sentence which explicitly mentions "availability of such visa". This is confusing? Is a visa available for my fiancée or not? If so then give it to us so I can bring her here. If not then how does this section apply.

The other portion that seems relevant is "failure to apply was due to circumstances beyond the alien's control". Seems to me that circumstances are not only beyond my control (the US citizen) it is also beyond her control (a Ukrainian citizen).

I'm just really concerned that if we do not do the proper thing by the one year anniversary that my petition will be canceled causing yet further delay in the process. Please contact me letting me know if there is anything that I need to do to prevent this. Email would be quick and ideal. Respond to me if I need to do anything. Also respond to me if I don't need to do anything and things are OK. Either way respond to me. It is important. Otherwise I do not know the answer and it will cause me further unnecessary and unneeded worry. 

Sincerely

Andrew DeFaria