Documentation of 2 Year Home Residency

[grinter 0]

Hello all,

I am in the process of petitioning to bring my wife (Peruvian) into the US on an IR-1 visa. We recently submitted our I-130.

My wife is subject to the 212(e) 2-year home residency requirement. We just heard from a fiend in Argentina who is going through the same process that my wife will need a document from Peruvian immigration officials certifying that she has spent her two years in Peru. Having spent a good amount of time searching these forums, I have never seen mention of this, nor do I see it listed on the DOS website. From what I have read, it is during the visa interview that the interviewer decides whether or not to go through the applicant's passport and count the days they have spent in their home country. So, my question is as follows:

Is there a form, stamp, or any type of official certification, other than the applicant's passport at the visa interview, required to demonstrate that the applicant has completed their two year requirement?

I would be especially interested in hearing from anyone who has gone through this process in Peru, but, of course, any responses will be greatly appreciated.

Thanks!

[Wayne and Claudia 40]

Where was your Peruvian wife before re-entering Peru? I would assume that she would have to meet Peru's requirement for residency before she can be claimed as Peruvian. But, those items vary widely from country to country. Some citizens never lose their residency status. If no other VJ members step in to the conversation I would either have your wife call the embassy or send them an email. Surely the date of entry (was it done on a Peruvian passport...in Colombia Colomianos are required to enter with their native passports...) would be the date I would start counting. Good luck to you

[grinter 0]

Thanks for the reply!

My wife was in the US on a J-1 visa. We are fairly certain that the issue is not whether she is considered a Peruvian resident, but rather that, after completing her degree in the US, the US requires a cumulative time of 2 years spent in here home country (Peru) before they will issue here a immigrant visa.

We don't want to show up at the Visa interview with only her passport to document this if she, in fact, also needs a form from Peruvian immigration as our Argentinian friend has suggested she will.

[Amy and Nick 37]

I was in the US on a J1 visa also, but was NOT subject to the 2 year residency requirement.

However, this didnt stop me researching excessively, just to make sure (why, i dont know!) and i have never heard of having to prove this before. Provided they took the i-94 out of her passport when she LEFT the USA, i dont really see there being a problem...

Good luck!