Any Philippine Consulate General - NYC Experience for Permanent Residency (Newly Married)

[autosys 0]

Hi there! Any experiences you can share about Philippine Consulate General in NYC specifically on getting Permanent Residency? I'm a Philippine citizen and I am trying to get Permanent Residency for my wife (USC) so she can stay in the Philippines while we do DCF from there. Any experiences on that? I understand most people here are asking about the other way around (getting to the US) and I will ask those same questions too after getting back to the Philippines and work on my Immigration papers via DCF. But for now, my problem is getting permanent residency for my wife.

Short story, I'm a Philippine citizen and we got married here in the US a little over two weeks ago. We are thinking of doing DCF in Manila as opposed to CR-1 so we don't have to be apart and hence the question about PCG experiences.

Long story, we wanted to get married. And about the time we got engaged last year, my employer (a Philippine - US company) informed me that our US client would like me to be a permanent onsite resource thru H1B and absorb me to their company eventually. So now, we have two options of getting me here: H1B or K1. We decided to gamble and take H1B. Unfortunately, I was not picked in the lottery and hence didn't make the cut. So I came here in the US using my usual B1/B2 visa I've been using for my business trips here. And now that we are married, I'd like to take her to the Philippines so we could do DCF after the required number of months have passed.

So any thoughts on getting Permanent Residency? Also, this is the right kind of visa that my wife needs to be able to stay while we are processing DCF: http://newyorkpcg.org/our-services/visa/visa-classifications/immigrant-visa, right?

TIA everyone!

[Hank_ 9,174]

Hi there! Any experiences you can share about Philippine Consulate General in NYC specifically on getting Permanent Residency? I'm a Philippine citizen and I am trying to get Permanent Residency for my wife (USC) so she can stay in the Philippines while we do DCF from there. Any experiences on that? I understand most people here are asking about the other way around (getting to the US) and I will ask those same questions too after getting back to the Philippines and work on my Immigration papers via DCF. But for now, my problem is getting permanent residency for my wife.

Short story, I'm a Philippine citizen and we got married here in the US a little over two weeks ago. We are thinking of doing DCF in Manila as opposed to CR-1 so we don't have to be apart and hence the question about PCG experiences.

Long story, we wanted to get married. And about the time we got engaged last year, my employer (a Philippine - US company) informed me that our US client would like me to be a permanent onsite resource thru H1B and absorb me to their company eventually. So now, we have two options of getting me here: H1B or K1. We decided to gamble and take H1B. Unfortunately, I was not picked in the lottery and hence didn't make the cut. So I came here in the US using my usual B1/B2 visa I've been using for my business trips here. And now that we are married, I'd like to take her to the Philippines so we could do DCF after the required number of months have passed.

So any thoughts on getting Permanent Residency? Also, this is the right kind of visa that my wife needs to be able to stay while we are processing DCF: http://newyorkpcg.org/our-services/visa/visa-classifications/immigrant-visa, right?

TIA everyone!

Now that you are married simple to the Balikbayan stamp for your wife at the airport as your clear customs in the Philippines (carry a copy of your marriage certificate with you), that is good for a one year stay, which should be plenty for meeting the requirements for DCF and completing the process.

I know of a few that did DCF and were done in about 30 days.

[autosys 0]

Thanks for the quick reply! However, I'm not a balikbayan (I don't fall in any of these categories: http://www.immigration.gov.ph/index.php/faqs/visa-inquiry/balikbayan-previlege). I've only been out for a couple of months now. Thanks for input though. Any other thoughts?

[Hank_ 9,174]

Thanks for the quick reply! However, I'm not a balikbayan (I don't fall in any of these categories: http://www.immigration.gov.ph/index.php/faqs/visa-inquiry/balikbayan-previlege). I've only been out for a couple of months now. Thanks for input though. Any other thoughts?

You are mis-reading that. YOU ARE NOT the one to receive the Balikbayan stamp, your wife is, only requirement is she enter the country with you and request the stamp.

This is exactly want you want for your wife to stay in the Philippines for a year (minus one day) without issue.

[autosys 0]

Hmm, is says on 1. B. That it is for immediate family members of the balikbayan but my wife isn't as I'm not a balikbayan..

[Hank_ 9,174]

Hmm, is says on 1. B. That it is for immediate family members of the balikbayan but my wife isn't as I'm not a balikbayan..

Philippines citizens do NOT need a Balikbayan stamp to be in the Philippines.

This is done all the time, I will be doing it in a couple months.

This is all that applies in your situation

3. What are the privileges of a Balikbayan?

Those who are admitted as Balikbayans are given an initial stay of one (1) year. They may extend their stay for another one (1), two (2) or six (6) months provided that they present their valid passport and filled out the visa extension form and submit it to the Visa Extension Section in the BI Main Office or any BI Offices nationwide. An additional requirement will be ask for Balikbayans who have stayed in the Philippines after thirty six (36) months.

4. Can a foreigner spouse or child of a Balikbayan avail this privilege when traveling to the Philippines alone?

A foreign national spouse and/or child of a Balikbayan may only be given the said privilege if he/she is traveling with his/her Balikbayan spouse or parent.

- trust me I am NOT with the government.

Edited December 15, 2014 by Hank_

[Greenbaum 12,262]

Hank is right. Your the Filipino and your wife is the USC. She travels with you and presents her passport and your official marriage certificate and she gets the Balikbayans Stamp in her passport. Simple!! DONE!

She is in for 364 days. To renew if needed buy a cheap ticket to HK or Singapore and return the next day and present the same documents and request the Balikbayan Visa. Her passport is stamped and you are on the clock again for another 364 days. Leave at anytime... No problem.

Unless we are missing something that you haven't said, then this is the answer to your question. As they say.... take it or leave it.

Balikbayan one-year visa-free stay

Balikbayans – any overseas Filipino returning to the Philippines, including former Filipinos who have acquired foreign citizenship – can stay in the Philippines without a visa for a period of one year. The balikbayan visa-free stay privilege is extended to the balikbayan’s non-Filipino spouse and children, provided they enter the Philippines with the balikbayan.

Former Filipino Balikbayans traveling to the Philippines are advised to bring either their old Philippine passport or copy of Philippine birth certificate as proof of their former Philippine citizenship. Accompanying family members of the balikbayan can bring appropriate supporting documents:

• For the spouse: copy of marriage certificate
• For each child: copy of birth certificate
• For adopted children: copy of adoption papers Philippine Law (R.A. 9174) provides benefits to baikbayans:
• Tax-exempt maximum purchases in the amount of USD 1,500, or the equivalent in Philippine and other currency, at Philippine Government–operated duty free shops
• Exemption from Travel Tax, provided that their stay in the Philippines is one year or less. If their stay in the Philippines exceeds one year, Travel tax will apply to them.

From: http://www.philippineconsulate.com.au/balikbayan-one-year-visa-free-stay.html

Edited December 16, 2014 by Greenbaum

[autosys 0]

thank you so much for all the replies. Highly appreciate it all.

Yup I understand that it's only my wife who will be receiving that visa (I'm a Filipino citizen anyway so I don't really need it). However, for the balikbayan visa to apply to her, as per this, she needs to be married to a balikbayan which I'm not. A balikbayan is defined as (it's at the top of that page):

a. A Balikbayan, who may be either one of the following:

i. A Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year;

ii. A Filipino overseas worker;

iii. A former Filipino citizen and his family who had been naturalized in a foreign country and comes or returns to the Philippines.

And I'm not any of those. I have been only out of the country for a few months, not an overseas worker and definitely not a former Filipino Citizen.

So, since I'm not a balikbayan, that visa doesn't apply to her, isn't it? Or it doesn't matter if I'm a balikbayan or not? Again, thanks for your input.

[Hank_ 9,174]

thank you so much for all the replies. Highly appreciate it all.

Yup I understand that it's only my wife who will be receiving that visa (I'm a Filipino citizen anyway so I don't really need it). However, for the balikbayan visa to apply to her, as per this, she needs to be married to a balikbayan which I'm not. A balikbayan is defined as (it's at the top of that page):

And I'm not any of those. I have been only out of the country for a few months, not an overseas worker and definitely not a former Filipino Citizen.

So, since I'm not a balikbayan, that visa doesn't apply to her, isn't it? Or it doesn't matter if I'm a balikbayan or not? Again, thanks for your input.

You are grabbing the wrong bone and running with it... let that go. Serious.

[autosys 0]

I know I keep on harping on this but on that page, could you tell me which part says that being married to a Filipino qualifies her for that visa regardless if I'm a balikbayan or not? Because if I read 1. B. It says immediate family of a balikbayan (and again, I am not a balikbayan) hence it doesn't qualify her doesn't it?

[Hank_ 9,174]

I know I keep on harping on this but on that page, could you tell me which part says that being married to a Filipino qualifies her for that visa regardless if I'm a balikbayan or not? Because if I read 1. B. It says immediate family of a balikbayan (and again, I am not a balikbayan) hence it doesn't qualify her doesn't it?

...each section is a category of it's own, don't mix them.

A spouse can get a Balikbayan stamp when traveling with their Filipino spouse (plus have a copy of their marriage certificate). Many do this daily, nothing new...

Never DO-DO when DO will DO.

[autosys 0]

sure Hank. I'm a little sketchy still on that specially after reading #4 in here: http://www.newyorkpcg.org/our-services/visa/balikbayan-privileges-and-benefits

Anyway, I'll wait for other's input. thanks.

[Hank_ 9,174]

[Cyberfx1024 7,980]

You are making a mountain out of a molehill seriously. YOU DO NOT GET THE BALIKBAYAN STAMP!!!!!!!!!!!!!!!!!!!!!! Your wife gets it BECAUSE she is married to a Philippine citizen. So stop over thinking and stressing things.

[autosys 0]

Chill cyber, i understand I'm not the one getting balikbayan visa. Why would I anyway since I'm a Filipino citizen? Have you seen my last link?http://www.newyorkpcg.org/our-services/visa/balikbayan-privileges-and-benefits

Check item #4