Balikbayan Visa?

[Hank_ 9,174]

Thanks for the encouragement! lol

Don't know what I'd do if was denied boarding the plane here in Virginia bound for our first stop in Korea!

This will be our FIRST flight together

Also we were a bit worried our trip would foul up ROC and later citizenship

But it is our understanding she can stay less than 6 months without repercussions

Thanks again yall

That is my understanding as well, need to be gone less than 6 mos.

[bxman 13]

That is my understanding as well, need to be gone less than 6 mos.

Thanks Hank!

You've ALWAYS been a great asset here to myself and many others

[yannix 24]

 

Thanks for the encouragement! lol

Don't know what I'd do if was denied boarding the plane here in Virginia bound for our first stop in Korea!

This will be our FIRST flight together

Like I mentioned, it's very unlikely that they will deny you boarding. If (big if) they do, the documents you have in hand should do the job to convince them. Once they give you your boarding passes, you're good to go. In Incheon, it's usually only a passport check (to see if your boarding pass matches the name). Have fun Edited July 10, 2014 by yannix

[Hank_ 9,174]

Thanks Hank!

You've ALWAYS been a great asset here to myself and many others

You made me go look, here is the wording, which affirms staying less than 6 months outside the USA:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12.html

"Applicants for naturalization under INA 316(a) are required to demonstrate physical presence in the United States for at least 30 months (at least 913 days) before filing the application.^[1]"

1. Absence of More than Six Months (but Less than One Year)

An absence of more than six months (more than 181 days but less than one year (less than 365 days)) during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship.^[10]

[Mike&Gina 7]

Hi Don & Jenny.....Mike & Gina here. I lived there in Cebu, Philippines for 6 months last year (Oct 13 - April 14) as I hate Winter here in Ohio. Loved it there but did get alittle homesick for family and friends here, and my nice home and life I have here. To make a long story shorter...I brought Gina here to USA on K-1 Fiance Visa. We just got married on June 14th, and filed her paperwork for her green card. We expect to have the green card in November or December at the latest?? (we hope!!). We also want to return at that time back to Cebu again to live for 4 months or so till April 2015. I also have many questions as well.... Balikbayan Visa?? Should I get Gina's Philippine Passport changed now here in the USA (Philippine Consulate - Chicago)from her maiden name to her new married name?? Can we travel back to the Philippines for a 4 or 5 month stay without any problems from USA or Philippine Officials for both of us - her and I??? last year when I was there, I had to go to the Philippine Consulate twice - every 59 days to EXTEND my Visa and stay. I hope I "qualify" for the free 1 year Visa because I am now the spouse of a Philippine Citizen - my new wife Gina? Any help will be greatly appreciated....and Hank (the expert), your advise and opinions are also welcomed and appreciated!! lol Mike & Gina.... hopefully heading back to Cebu!!!

[Greenbaum 12,260]

Mike&Gina, on 10 Jul 2014 - 8:38 PM, said:

Hi Don & Jenny.....Mike & Gina here. I lived there in Cebu, Philippines for 6 months last year (Oct 13 - April 14) as I hate Winter here in Ohio. Loved it there but did get alittle homesick for family and friends here, and my nice home and life I have here. To make a long story shorter...I brought Gina here to USA on K-1 Fiance Visa. We just got married on June 14th, and filed her paperwork for her green card. We expect to have the green card in November or December at the latest?? (we hope!!). We also want to return at that time back to Cebu again to live for 4 months or so till April 2015. I also have many questions as well.... Balikbayan Visa?? Should I get Gina's Philippine Passport changed now here in the USA (Philippine Consulate - Chicago)from her maiden name to her new married name?? Can we travel back to the Philippines for a 4 or 5 month stay without any problems from USA or Philippine Officials for both of us - her and I??? last year when I was there, I had to go to the Philippine Consulate twice - every 59 days to EXTEND my Visa and stay. I hope I "qualify" for the free 1 year Visa because I am now the spouse of a Philippine Citizen - my new wife Gina? Any help will be greatly appreciated....and Hank (the expert), your advise and opinions are also welcomed and appreciated!! lol Mike & Gina.... hopefully heading back to Cebu!!!

Mike.... Hank answered most of your concerns with references to the information that backs his answers. Take a read, it's about two or three entries back.

Yes you can avail yourself of the Balikbayan (See my answer on page 1) because you are married to Filipino. Just follow the instructions as put forth in my earlier reply. Yes you should not stay any longer than 5 months.

I'd be real careful about another trip after this one as things start to look "fishy" to USCIS for GC purposes.

You can get Gina's passport changed to reflect her new married name, but keep in mind that it will take 4-6 weeks to process.

[dvc 11]

NSO marriage certificate is the CEMAR, same as the CENOMAR only not. If you did your Report of Marriage through the consulate near you then NSO has that information. But not sure why you want it.

Because if the immigration officer is in a bad mood or fishing for a bribe he is within his rights to demand either an NSO certificate or a philippine-embassy-authenticated foreign certificate. And since your entry is dependent on satisfying them, its best to have all your ducks in a row.

Edited July 11, 2014 by dvc

[Hank_ 9,174]

Many travel to the Philippines using a simple copy of their marriage certificate from the USA and get the Balikbayan stamp without issue. Never read of anyone being denied for not having an NSO copy.

[dvc 11]

Many travel to the Philippines using a simple copy of their marriage certificate from the USA and get the Balikbayan stamp without issue. Never read of anyone being denied for not having an NSO copy.

I know of only one instance personally, the guy was a bit of a jerk in general, so I don't know whether he just pissed the officer off or not. He refuses to pay bribes though so he entered on a 21 day waiver and took the financial hits of extensions.

Having an NSO certificate can't really hurt. They don't seem to have an issue date printed on them so no real validity expiration unless the security paper is changed. The OP's wife will need to have one for her next passport renewal anyway so not likely there will be any economic loss.

[Hank_ 9,174]

I know of only one instance personally, the guy was a bit of a jerk in general, so I don't know whether he just pissed the officer off or not. He refuses to pay bribes though so he entered on a 21 day waiver and took the financial hits of extensions.

Having an NSO certificate can't really hurt. They don't seem to have an issue date printed on them so no real validity expiration unless the security paper is changed. The OP's wife will need to have one for her next passport renewal anyway so not likely there will be any economic loss.

Nope she won't, she does her passport renewal at the consulate serving the area where she lives, the consulate does not ask for an NSO document, only that ROM has been completed IF she wants to renew her passport in her married name.

[bxman 13]

Hi Don & Jenny.....Mike & Gina here. I lived there in Cebu, Philippines for 6 months last year (Oct 13 - April 14) as I hate Winter here in Ohio. Loved it there but did get alittle homesick for family and friends here, and my nice home and life I have here. To make a long story shorter...I brought Gina here to USA on K-1 Fiance Visa. We just got married on June 14th, and filed her paperwork for her green card. We expect to have the green card in November or December at the latest?? (we hope!!). We also want to return at that time back to Cebu again to live for 4 months or so till April 2015. I also have many questions as well.... Balikbayan Visa?? Should I get Gina's Philippine Passport changed now here in the USA (Philippine Consulate - Chicago)from her maiden name to her new married name?? Can we travel back to the Philippines for a 4 or 5 month stay without any problems from USA or Philippine Officials for both of us - her and I??? last year when I was there, I had to go to the Philippine Consulate twice - every 59 days to EXTEND my Visa and stay. I hope I "qualify" for the free 1 year Visa because I am now the spouse of a Philippine Citizen - my new wife Gina? Any help will be greatly appreciated....and Hank (the expert), your advise and opinions are also welcomed and appreciated!! lol Mike & Gina.... hopefully heading back to Cebu!!!

Hey Mike & Gina

I would keep Gina's passport just the way it is unless it's ready to expire in the next few months

When you & Gina arrive in Cebu TOGETHER stay in line TOGETHER and when you both get to the immigration officer Gina w ill request you as her husband be allowed to enter the Philippines under the Babikbayan statue. As her passport has her maiden name you will need to show your Marriage Certificate as proof of being married

You will then receive the bailikbayan dated stamp on your passport which allows you to stay up to a year for free

Many here with much more knowledge than me have posted more detail and links that spell it all out much better than me

Did you rent an apartment in Cebu?

What part and how much did you pay?

[bxman 13]

Because if the immigration officer is in a bad mood or fishing for a bribe he is within his rights to demand either an NSO certificate or a philippine-embassy-authenticated foreign certificate. And since your entry is dependent on satisfying them, its best to have all your ducks in a row.

Did you mean to say "Bucks in a row"? lol

[Hank_ 9,174]

... ducks in a row. ( The expression “ducks in a row” means to be well organized… because as everyone knows, when your ducks are standing in a circle, it means either a) your life is chaotic or b) you’re in preschool playing duck, duck, goose.)