DS 3032 Agent of Choice

[TomD 4]

My wife live in the Philippines and does not want to assign me as agent of choice. Can you tell me what complication or delay in the VISA process this will result in should I not be able to change her mind.

Thanks

[Bleauwolf 9]

You didn't say much. I was just curious, if your wife doesn't have an attorney or visa agency working for her, is there any reason why she doesn't want to assign you as her choice of agent??

Anyway here's some feedback on your question.

Agent of Choice means exactly as it sounds.... Agent of CHOICE. There are basically 3 options.

1) Your wife can choose no agent. (which means: she chooses to continue her steps in the NVC process (i.e. DS-230, etc) by doing things herself).

2) Your wife can choose you (or anyone else such as a friend or family member, etc) as the "agent". (Which means all future NVC correspondence will be sent directly to you (or

friend, relative). Instead of your wife).

3) She can choose a professional "agent" to represent her: (such as an attorney or a professional company that provides visa services).

It will not complicate or delay the process as far as NVC (State Department) are concerned, Meaning: one choice or the other will not affect NVC. They just want to know how your wife wants to proceed, The DS-3032 tells NVC what choice has been made and where they should send the next instruction and papers related to your wife. Simply: they just want to know.... is she going to handle things herself or should they send it to an "agent" your wife has chosen. (that "agent" can also be you).

As I said, the choice made regarding the DS-3032 does not affect NVC one way or the other, However, you can have delays or complications merely by the choice made and circumstances.

Some things may include: longer waiting time because of foreign mail coming to the US / being sent to another country. Efficiency of the local postal system, government holiday schedules, and so on.

For example: Everything happening with NVC is here in the US until they receive everything they need, check the case, and send it on to the US embassy in the foreign country. So, if your wife wants to do things herself or use an agency or attorney there, there will naturally be a longer waiting time because the mail and correspondence has to go back and forth to the Philippines. Whereas, if you were her "choice of agent" it could save some time because you are here in the US and can send things faster from within the country. (Although there are some forms she must sign, you can still complete those on computer as a PDF file. Save it and email it to her to sign. Then she can print / sign / send by postal mail).

As far as your question about complications: Anytime a third party is involved it could naturally become more complicated partly because of what I just explained and also because if the third party makes a mistake that generates a RFE (request for evidence) by NVC. It will further delay the case. This doesn't mean that you shouldn't use a service or an attorney. It just means, if you (she) choose that road. Be careful. There are many good and legitimate services and attorneys out there. And then there are those who are about numbers and processing people = $$. So there can be a greater chance of mistake, etc.

Hopes this helps a little.

Best of Luck,

~Bleauwolf

[TomD 4]

You didn't say much. I was just curious, if your wife doesn't have an attorney or visa agency working for her, is there any reason why she doesn't want to assign you as her choice of agent??

Anyway here's some feedback on your question.

Agent of Choice means exactly as it sounds.... Agent of CHOICE. There are basically 3 options.

1) Your wife can choose no agent. (which means: she chooses to continue her steps in the NVC process (i.e. DS-230, etc) by doing things herself).

2) Your wife can choose you (or anyone else such as a friend or family member, etc) as the "agent". (Which means all future NVC correspondence will be sent directly to you (or

friend, relative). Instead of your wife).

3) She can choose a professional "agent" to represent her: (such as an attorney or a professional company that provides visa services).

It will not complicate or delay the process as far as NVC (State Department) are concerned, Meaning: one choice or the other will not affect NVC. They just want to know how your wife wants to proceed, The DS-3032 tells NVC what choice has been made and where they should send the next instruction and papers related to your wife. Simply: they just want to know.... is she going to handle things herself or should they send it to an "agent" your wife has chosen. (that "agent" can also be you).

As I said, the choice made regarding the DS-3032 does not affect NVC one way or the other, However, you can have delays or complications merely by the choice made and circumstances.

Some things may include: longer waiting time because of foreign mail coming to the US / being sent to another country. Efficiency of the local postal system, government holiday schedules, and so on.

For example: Everything happening with NVC is here in the US until they receive everything they need, check the case, and send it on to the US embassy in the foreign country. So, if your wife wants to do things herself or use an agency or attorney there, there will naturally be a longer waiting time because the mail and correspondence has to go back and forth to the Philippines. Whereas, if you were her "choice of agent" it could save some time because you are here in the US and can send things faster from within the country. (Although there are some forms she must sign, you can still complete those on computer as a PDF file. Save it and email it to her to sign. Then she can print / sign / send by postal mail).

As far as your question about complications: Anytime a third party is involved it could naturally become more complicated partly because of what I just explained and also because if the third party makes a mistake that generates a RFE (request for evidence) by NVC. It will further delay the case. This doesn't mean that you shouldn't use a service or an attorney. It just means, if you (she) choose that road. Be careful. There are many good and legitimate services and attorneys out there. And then there are those who are about numbers and processing people = $$. So there can be a greater chance of mistake, etc.

Hopes this helps a little.

Best of Luck,

~Bleauwolf

Bleauwolf,

Thanks for your time. I didn't say much cause I dont know much. I am waiting for her to respond as to why she is resisting. I am clueless.

Thanks You have explained it just as I understand it. I think she is under faults impressions of giving up power or something to that effect.She also fails to understand that the billing would go to the Agent of choice as well.

Oh well another one of life's little mysteries.

Thanks again

[Bleauwolf 9]

Hi again TomD,

Your welcome, anytime.

I had thought of something after replying to your post... then I found it. I'm going to include here a quote from NVC. (I received this when they sent me notice of the AOS fee to be paid). In fact I'm cutting and pasting it directly from the document from NVC. The following was sent to me by NVC notifying me that my wife was being sent the DS-3032 form by email. They also sent me a copy of the blank DS-3032 form as well as an information sheet. The following is part of the statement made on the info sheet from NVC: (I have bold typed the specific things pertaining to your situation. Note: the underlined word "encourage" near the end is NVC's underline; NOT mine).

"The DS-3032 permits the applicant to name an agent to receive correspondence from NVC and requires applicants still interested in immigrating to tell NVC where to send mail about their visa request. The letter tells the applicant that they may choose someone, including the petitioner or a non-profit organization, to be their agent or they may elect to continue receiving the correspondence themselves. The applicant must complete and sign the DS-3032 and return it to NVC before processing can continue. Given the difficulties often encountered with international mail, we encourage applicants to seek an agent with a US postal address."

I think the information your already know. But, I consider you're trying to communicate (or convince) your wife about the "choice of agent" I thought this portion from the NVC information guide would be helpful to you as it is NVC's words.

Hope all goes well with talking to her.

Best of Luck!

~Bleauwolf

Edited May 12, 2010 by Bleauwolf

[Darnell 8,478]

I have a different spin on this, TomD -

without having the 'agent of choice' form at NVC -

the US petitioner can still follow MOST of the steps with NVC

http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467

the USC is to send in the I-864, regardless of Agent Choice, and the online payment portal fees can be paid by USC without the Agent of Choice document. IMO, without the Agent of Choice in place, the foreign spouse sends in the DS-230 to NVC, and that's IT.

There's some gray area, for me, though, about finding out about case status, when talking to an NVC Operator - but if you are following status on the payment portal, is mostly moot (except if any RFEs).

I will suggest to you, if she is being obstinate about this, then she is being coached by someone in the PI, or via some online portal that she subscribes to.

Good Luck! However it turns out !

[TomD 4]

I have a different spin on this, TomD -

without having the 'agent of choice' form at NVC -

the US petitioner can still follow MOST of the steps with NVC

http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467

the USC is to send in the I-864, regardless of Agent Choice, and the online payment portal fees can be paid by USC without the Agent of Choice document. IMO, without the Agent of Choice in place, the foreign spouse sends in the DS-230 to NVC, and that's IT.

There's some gray area, for me, though, about finding out about case status, when talking to an NVC Operator - but if you are following status on the payment portal, is mostly moot (except if any RFEs).

I will suggest to you, if she is being obstinate about this, then she is being coached by someone in the PI, or via some online portal that she subscribes to.

Good Luck! However it turns out !

Thanks Darnell, That was my read initially also. I even ask her if she was being coached. I just got a email back from her and she was totally frustrated. I think she is just melting down trying to do too much at work and not taking this VISA thing seriously. I am hoping I have calmed, take a leave of absence for a year from her job and focus on Visa situation but time will tell. If she cant see the light soon then I will withdraw my application.

[Bleauwolf 9]

Hey TomD!

I think your initial question was about 'choice of agent' and the situation of your wife taking a decision.

I take Darnell's point. But it is two different things being talked about. Just as Darnell pointed out... it is true that the NVC part of the process essentially breaks down into two mini processes going on at the same time. i.e. The petitioner (with tasks to complete) / The beneficiary with (their own separate tasks to complete) with everything coming together at the end when all tasks are completed.

Correct: you can still push forward with your tasks as the petitioner i.e. AOS fee / I-864 / Supporting Docs, etc. HOWEVER, she can't continue her part of the process until she takes a decision on 'proof of agent' and submits the DS-3032. Without doing that, she (or her agent) will not receive the DS-230 (visa application) and any relevant instructions. So, you can complete all that you want on your side (and that would at least get your part out of the way). But, it will be moot, if she doesn't complete her part (at minimum the DS-3032).

As far as pushing things through; while I agree with Darnell that you have to be a bit pushy with NVC, at the same time I wouldn't recommend sending things before you receive instructions to do so. All over NVC's literature and State Department's website it clearly states not to take steps before you're instructed to do so. Or it may / will cause a delay in the process. Whether the system is fee money driven or not, the bottom line is those are the instructions given all over the place. In that light I would consider this: there are plenty of posts on VJ with people's complaints about the competence of NVC operators. I can vouch for it because I have run into the same problem with multiple calls to NVC. While the case itself is being handled by someone else who, I'm sure, is probably more competent than the operators who answer our calls. I would bare in mind that incompetence before taking certain actions before you are instructed to do so.

(A little side bar... a bit off the topic): One thing I can vouch for (at least in my experience) is that the NVC supervisors are infinitely more knowledgeable than the operators. In fact, I've tested 4 different supervisors at different days and times. (Even asking questions that were previously answered). I found all four to be extremely consistent in their answers. Just a helpful hint if you end up getting nowhere with a regular NVC operator.

That being said, I do encourage regular follow-up calls to NVC when a bit of time goes by and you haven't heard anything from them. In that sense you should follow up and often you will find that your phone call helps to keep things rolling if it's been stagnant. I agree with Darnell that it's kind of your effort and follow-up that keeps things going.

Anyway, it sounds at the moment you have a bigger issue to deal with... that is, the communication and understanding between you and your wife. Hope all goes well and that you reach some understanding and harmony together. I can imagine you must feel quite confused right now.

I wish you the very best.

~Bleauwolf

[Petition2252 7]

Bleauwolf,

Thanks for your time. I didn't say much cause I dont know much. I am waiting for her to respond as to why she is resisting. I am clueless.

Thanks You have explained it just as I understand it. I think she is under faults impressions of giving up power or something to that effect.She also fails to understand that the billing would go to the Agent of choice as well.

Oh well another one of life's little mysteries.

Thanks again

I think she is misinterpreting it as power of attorney or something. All the "Agent" designation does is directs where mail goes. It would be faster to us a US address but it is her choice.

[Darnell 8,478]

Hey TomD - any news? Did she grant you 'immeasurable power' on that DS-3032 thingie, or no ?

[sparker42 7]

Ok I have a question ....pre-reading comments below: So what if the foreign spouse is in a country where there is no addresses for the residents homes, how will the NVC contact the spouse regarding the agent of choice?