Clueless

[steevo 0]

I am feeling very challenged with this whole process. There is so much I am clueless about. I have been looking around this site for a few days now and cannot seem to find answers to a couple of questions I have. I hope someone out there can help me. First off, I am thinking that it would be helpful for me to just call the Embassy and see if I can get in touch with a helpful person there. My past experience with government employees has given me more than my share of pessimism in that regard though.

OK, here are the two questions I am looking for answers to right now. Once I get married (here in Peru) will I have to have permanent residency for six months to apply for my new wife's visa at the Embassy here? I would love it if I could apply with my more than six months of living here without being a permanent resident. (I am here living and working at an orphange.)

And my second question is: Once we do get back to the States, how long will we have to live there for her to be legally a permanent resident? I think I read somewhere that we will not be able to return to Peru for a couple of years. And I also read something that said that we will need to spend a certain amount of time every year in the States to keep her status legal. This might not be realistic, but I would like it if we could get married here, then get her visa, go to the States to meet my family and hang out for a couple/few months, then come back here to work at the orphanage, and travel back and forth as much as we like. Is that a pipe dream?

OK, one more question. I asked a question last week on this forum and got a couple of really helpful responses, but I do not know how to find what I wrote, or what the responses were. Can someone help me with that too?

[SupastarsaM 7]

I believe the DCF will apply six months after the marriage date.

She would have her green card in the mail a few weeks after arrival to the United States. You adjust status after two years. I believe that she may travel to Peru as soon as she get's the green card in hand.

Third question i'm not sure of. Somebody will come in with more answers. Might be a quiet day since it's Thanksgiving tho.

Good Luck.

[Ning 619]

I am feeling very challenged with this whole process. There is so much I am clueless about. I have been looking around this site for a few days now and cannot seem to find answers to a couple of questions I have. I hope someone out there can help me. First off, I am thinking that it would be helpful for me to just call the Embassy and see if I can get in touch with a helpful person there. My past experience with government employees has given me more than my share of pessimism in that regard though.

OK, here are the two questions I am looking for answers to right now. Once I get married (here in Peru) will I have to have permanent residency for six months to apply for my new wife's visa at the Embassy here? I would love it if I could apply with my more than six months of living here without being a permanent resident. (I am here living and working at an orphange.)

And my second question is: Once we do get back to the States, how long will we have to live there for her to be legally a permanent resident? I think I read somewhere that we will not be able to return to Peru for a couple of years. And I also read something that said that we will need to spend a certain amount of time every year in the States to keep her status legal. This might not be realistic, but I would like it if we could get married here, then get her visa, go to the States to meet my family and hang out for a couple/few months, then come back here to work at the orphanage, and travel back and forth as much as we like. Is that a pipe dream?

OK, one more question. I asked a question last week on this forum and got a couple of really helpful responses, but I do not know how to find what I wrote, or what the responses were. Can someone help me with that too?

What is your present status in Peru? If you have legal status there that allows you to work it may be enough to use the DCF method. How long have you been there?

She becomes a LPR when she gets her green card. She can return to Peru any time after recieving her G C & stay out of the USA up to one year. However she must be careful not to give the impression she isnt a resident of the USA by staying out too long at a time & possibly by having a job outside the USA. She would get a two year G C at first. Then petition to remove conditions prior to the experation date.

Find your posts by clicking on your account & then " My content" which is under your account name. Or try typing your name in the search block.

[rayne_4 0]

From what I know..

If you are already a PR (or with any legal status) in Peru for more than 6 months you can already file the DCF. 6months rule don't start after the marriage but after your grant of legal status.

Once you have your CR-1 (if married less that 2 years) you can still go back to Peru but cannot be out of US for more than 1 year.

[steevo 0]

Thank you so much to those that responded. It is so helpful to hear from people that have experience!

[davido 0]

Steevo, not sure if you're still working on this issue, but I have an idea. It's something I'm trying to do.

1. GET VISA:

Get a IR-1 Visa (the USC needs 6 months of residency in Peru) by filing directly in Lima (in another words, DCF). This takes getting the I-130 petition approved (with the G-325a filled out for both of you), then you work with the Consular section at the embassy in Lima, and you apply for the official Immigrant visa (DS-230 parts I and II is the official visa application and the I-864 form to prove she won't be a financial burden to the US).

2. GO TO THE US:

Once you get the visa stamped in her passport, go the US with your wife, and once you pass through Customs, you'll get her green card in a few weeks.

3. PRESERVE RESIDENCY:

As others have said, you can only leave the US for up to one year to avoid your wife losing her green card... typically. It's actually safer to keep it under 6 months as there are even less requirements to prove you maintained permanent residency in the US. There are exceptions though for US military, US government workers, and missionaries or religious workers. If you officially work for a non-profit that is based in the US, you might be applicable. In order to be approved, you have to file the N-470 which is the "Application to Preserve Residency for Naturalization Purposes." In other words, as I understand it, that allows you to leave the US while not forfeiting your US residence because as they see it a viable US based organization sent you to work in Peru. The purpose of this is to eventually apply for US citizenship for your wife after she's been a LPR (Legal Permanent Resident) for 3 years.

4. GO BACK TO WORK IN PERU

5. APPLY FOR CITIZENSHIP

---------------

Another potentially easier option is to apply for a 2 year travel permit for your LPR wife when you are in the US. That extends the typical 1 yr max time allowed of the US to 2 years. You can only apply for this travel permit 3 times, though eventually they might get stricter as immigration laws could easily change.

Hope that helps, I'm currently researching all of this for myself and my Peruvian bride.