Need help/advice: US citizen married with Peruvian lady

[richorozco]

I've searched thru older posts and couldn't find the form # needed.

Question/problem is that a friend ( US Citizen) married a Peruvian lady. Therefore, she is a US resident but does not want to or cant go to the US every 6 months. She wants to stay in Peru for 2 years and then go to the US AND not lose her residency.

The US customs agent said that she can fill a form out to stay in Peru for 2 years and not lose her residency.

She did not get the form or form number.

Does anybody know which immigrations this could be and can it be obtained at the US Embassy in Peru?

Thanks in advance. . . .

[MarcoPE]

I am thinking this may be what you are talking about?

INFO: http://www.uscis.gov/USCIS/Resources/B5en.pdf

FORM I-131: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD (Permit is valid for UP TO 2 years)

[richorozco]

Thanks MarcoPE!

This seems like the correct form.

Seems that the form is not needed if the person (new US resident who married a US citizen) visits the US once a year. However, if the person wants to be away from the US for more than a year (but less than 2 years) then they must apply for the I 131.

I think my friend was under the impression that his newlywed had to come to the US every 6 months to maintain the US residency.

I am going to call the 800# to find out if the US resident with an alien card has to come back to the US every 6 months or every year( not exceeding 1 year). If they plan on exceeding the 1 year stay, then they need to apply for I 131 before leaving the US.

I think I understand the rule now, but the legalese and all the other constraints seem confusing at first.

Any comments are appreciated since I know a lot of expats are very knowledgeable and may have experience with husbands and wuves not wanting to leave Peru right away.