DS-3032

[CZEKing 0]

Hi everyone,

before I ask my question, I'll start from the start.

In 1996 my fiance's mother, Milena, left her husband (my fiance's father) and went to the USA. She married Jack there, he was Polish back then, now he - I think - is naturalized (is US citizen). She had green card. From time to time she visited her kids here in Czech Republic. In 2010 Milena and Jack had some big disputes, so Milena went to Czech Rep again. And she stayed here for some time - her mother got sick and she took care of her, kinda. Anyway, it's been over 2 years she's been here and she wants to go back. Her husband already filled i-130 and it was approved, case was send to NVC. Now to the question. She recieved DS-3032 form and there are several answers possible. It's all about choosing who will recieve correspondence, isnt it ? But one of answer options was "I have already legally..." and now the problem takes off, my soon-to-be mother-in-law is really stubborn and ...well she's mother-in-law, need to say more ? She insists that her green card is still valid (although she's been out of USA over 2 years and didnt fill any re-entry form on her departure whatsoever) and so she picked this answer !! (why would she even need to ask for visa if she had still valid green card, right ??)

So my question is, will they check whether her green card is valid and when they find out it's not, will they resend ds-3032 form to pick different answer ? (to appoint an agent ?) Or will it reset whole process of obtaining visa and we will have to enjoy her presence several months more ??

[Cathi 5,828]

First of all, this does not make sense at all. If she received a green card from her marriage to Jack, why is she now receiving a choice of agent form? If she received a green card way back when, her husband would have already filed the I-130 in 1996 and adjustement of status , that was how she got her green card. This entire thing just makes zero sense. If she actually did have a green card, she is not allowed to travel out of the US for more than 6 months at a time, leaving for longer than that is considered abandoning her green card, making her ineligible to re-enter the US.

[CZEKing 0]

She had green card, left in 2010 to Czech Rep. She's here since then (so yes, her green card isnt valid anymore but she insists it still is). In 2012 Jack filled I-130, got approved, now its on NVC. Recieved ds-3032 and Milena answered "I have already legally.." (which isn't the right answer because since filling the i-130 she did not recieve green card).

So I ask again, what will happen when they find out her green card (she filled its number in ds-3032) isnt valid.

[Cathi 5,828]

How did she get her original green card?(you never stated, your post leads us to believe her green card was granted from her marriage to Jack. when were they married?) Nothing will happen. She will have to wait for her interview Czech republic in order to obtain her visa to return to the US. She cannot return now, she has abandoned her green card status.

[CZEKing 0]

I dont rly know how she got her green card back then.

They married in 98 I think.

I do know she cant return. thats why I wish her to finish visa papers. I am asking what will happen (if any of you know) when they find out that the green card she put number in ds-3032 is not valid (and so she didnt legally immigrated to the USA blabla and actually doesnt have green card). Will they resend ds 3032 form ? Does it in any way delay the process or the process goes on and they just dont know who to send info to ?

---------

1996 left to the USA

1998 married

I guess she obtained green card in these first years

1996-2010 visited Czech Rep several times, always for 1-3 months

2010 came to the Czech Rep

after a year, in 2011 her green card no longer valid, right ?

2012 her husband filled i-130

several months later it got approved, now its in NVC

Dec 2012 received ds 3032 form to appoint an agent, Milena picked "ive already leggally immigrated to the usa.."

I guess they will find out that green card she filled in ds3032 isnt valid...what will happen next.

Edited January 22, 2013 by CZEKing

[dwheels76 5,484]

All the DS-3032 form is about is appointing like you said who is getting the correspondence. Since the petitioners and beneficiaries email was given when they got case# (I assume jack the husband called in and he did that) than its a moot point they both get everything. NVC corresponds via email.

The form isn't to see who is legal to get green card. If there was an issue the petition would have never been approved at USCIS.

And her visa is considered abandoned.

[Cathi 5,828]

What isn't making sense is that they married approx. 15 years ago, and he is just now applying for her I-130. It should have been done when they married back in 1998. You need to figure how she got her original green card, people don;t just come here to visit and and all of a sudden have a green card. If what she says is true, and she did have a green card, that means that someone in the family must have petitioned for her. Either that, or she came to visit, got married to Jack, they never filed the I130 or AOS, she never actually had a green card, and she has been out of status all these years. A lot of details are missing, and until we have the entire story, and facts, we can't give you advice because it would be mere speculation. It seems to me she married Jack, they never filed the I-130 or AOS and she never had a green card to begin with. Please try to find out how and why she got her original green card, and let us know. Either way she has been out of the US for 2 years and she cannot come back until she has a valid visa. Good luck and let us know!

Edited January 22, 2013 by mimolicious

[dwheels76 5,484]

I dont rly know how she got her green card back then.

They married in 98 I think.

I do know she cant return. thats why I wish her to finish visa papers. I am asking what will happen (if any of you know) when they find out that the green card she put number in ds-3032 is not valid (and so she didnt legally immigrated to the USA blabla and actually doesnt have green card). Will they resend ds 3032 form ? Does it in any way delay the process or the process goes on and they just dont know who to send info to ?

---------

1996 left to the USA

1998 married

I guess she obtained green card in these first years

1996-2010 visited Czech Rep several times, always for 1-3 months

2010 came to the Czech Rep

after a year, in 2011 her green card no longer valid, right ?

2012 her husband filled i-130

several months later it got approved, now its in NVC

Dec 2012 received ds 3032 form to appoint an agent, Milena picked "ive already leggally immigrated to the usa.."

I guess they will find out that green card she filled in ds3032 isnt valid...what will happen next.

I think you are confusing things. She immigrated here and got a green card nothing wrong with thaqt.

Why do you say illegally immigrated?

so she is correct saying she immigrated. Just her green card is abandoned and that's why her husband is applying for a new visa for her.

Of course they will see she came here got a green card and they will more than likely ask her at interview what happened why didn't she go back. Considering she is married and has been awhile but been leaving apart from husband looks to me like a big red flag like she left having marital problems. How will that change when she comes back to US?

But she is fine with how she answered.

[Cathi 5,828]

All the DS-3032 form is about is appointing like you said who is getting the correspondence. Since the petitioners and beneficiaries email was given when they got case# (I assume jack the husband called in and he did that) than its a moot point they both get everything. NVC corresponds via email.

The form isn't to see who is legal to get green card. If there was an issue the petition would have never been approved at USCIS.

And her visa is considered abandoned.

His Mom came here back in 1996(not sure on what kind of visa)married Jack in 1998, and Jack just recently filed the i-130, hence the ds-3032.. So it seems she never had a green card and has been out of status all these years So there was no green card to abandon. Unless way back when someone else in the family filed a petition for her....his post is leaving out a lot =/

[dwheels76 5,484]

His Mom came here back in 1996(not sure on what kind of visa)married Jack in 1998, and Jack just recently filed the i-130, hence the ds-3032.. So it seems she never had a green card and has been out of status all these years So there was no green card to abandon. Unless way back when someone else in the family filed a petition for her....his post is leaving out a lot =/

mimolicious okay I need more coffee I am confused. That 1996 to 2010 she might have got a green card hmmm don't know.

Well goodness someone please fill the holes in this story. Trying to figure and help out on a phone is brutal. Yikes

[Cathi 5,828]

mimolicious okay I need more coffee I am confused. That 1996 to 2010 she might have got a green card hmmm don't know.

Well goodness someone please fill the holes in this story. Trying to figure and help out on a phone is brutal. Yikes

OP says she had a green card when she came back in 1996, but has no idea how...I'm thinking there wasn't one...OP really needs to fill in the holes before we can give advice that is of any use. And if she had one to begin with, why is her husband just now filing after 15 years? Is he filing just to get her back in the country?

[NikLR 13,232]

They will see her old green card isn't valid anymore and that she will applying for a new visa. She may be questioned more extensively at her interview because of an abandoned green card, I'm not sure. I really do not think she filled out the ds3032 properly. But the nvc will question it if it's wrong I think.

How I understand this situation...

His fiancee's mom came legally to the USA and had a green card. Because she went and lived in the Czech rep for 2 years her green card would have been considered abandoned by the US govt. His fiancee's mom thinks it's still a valid green card but it's not and is filing out the ds-3032 incorrectly. He wants to know what will happen if its filled out and sent with incorrect information because she doesn't understand her green card is no longer valid.

[CZEKing 0]

ok, so again

In 1996 she went to USA, in 1998 she married Jack. In these years, dont know when, she got green card and had it since then. She lived happily, visited her kids in Czech Rep few times.

She still had it when she went (again) for a visit to the Czech Rep in 2010 to see her kids. But she stayed here, in the Czech Rep, for too long (for many reasons) and thus lost her green card (right ? cause you cant be that long out of US). So her husband filled i-130 to get her immigrant visa (cause she doesnt have valid green card anymore !). In the process of getting it (i-130 approved), the case was forwarded to NVC, they sent ds 3032 form...

Is it clear now ?

They will see her old green card isn't valid anymore and that she will applying for a new visa. She may be questioned more extensively at her interview because of an abandoned green card, I'm not sure. I really do not think she filled out the ds3032 properly. But the nvc will question it if it's wrong I think.

How I understand this situation...

His fiancee's mom came legally to the USA and had a green card. Because she went and lived in the Czech rep for 2 years her green card would have been considered abandoned by the US govt. His fiancee's mom thinks it's still a valid green card but it's not and is filing out the ds-3032 incorrectly. He wants to know what will happen if its filled out and sent with incorrect information because she doesn't understand her green card is no longer valid.

Love you Yeah, this is it !

[Cathi 5,828]

ok, so again

In 1996 she went to USA, in 1998 she married Jack. In these years, dont know when, she got green card and had it since then. She lived happily, visited her kids in Czech Rep few times.

She still had it when she went (again) for a visit to the Czech Rep in 2010 to see her kids. But she stayed here, in the Czech Rep, for too long (for many reasons) and thus lost her green card (right ? cause you cant be that long out of US). So her husband filled i-130 to get her immigrant visa (cause she doesnt have valid green card anymore !). In the process of getting it (i-130 approved), the case was forwarded to NVC, they sent ds 3032 form...

Is it clear now ?

Love you Yeah, this is it !

OK now I understand. OK, the ds-3032 is just a choice of agent, she assigns a person in the US to be a liaison to the NVC on her behalf, they can;t telll what her green card status is from that form When she goes to the interview she will have to explain why she didn't return(illness of relative ect.). As I stated before, she has been out of the country for 2 years so he green card status is considered abandoned, she cannot return until a new visa is granted. If she tries to enter the US on an abandoned green card she will be refused entry and sent back on the next plane. Perhaps you can suggest to her that when she returns to the US that she apply for citizenship so this won't be an issue again if she needs to travel out of the country for an extended amount of time. She will be eligible for citizenship 3 years from the date she enters/returns to the US, as long as she has continuously kept her residence in the US for those 3 years. Good luck!

Edited January 22, 2013 by mimolicious

[CZEKing 0]

Thx a lot all of you, it helps me to know it wont cancel the process or anything link that. I know its not nice of me to say this but she drives me crazy and I rly love her to go back to the US

They (she and Jack) had some problems and then, when she was already here, her mother got sick (and then died, but it was already more than a year so thats why the visa).

Once again, thx a lot.