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Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

I am US citizen. My adopted 12 year old daughter will stay with extended family in the Philippines for 2 months. Will she need a visa to stay?

 

Background: My wife and daughter are both Philippines citizens? They came to the US in 2011 and then my wife and I were married. Shortly after that, I adopted her daughter. My wife later became a US citizen and recently became a dual citizen. They both have US passports.

 

Right now we are all in the Philippines visiting family. My wife and I are staying for 2 1/2 weeks. My daughter will be staying for 2 months. Her grandma has a 10 year visitors visa to the US, and will be traveling to the US to visit us in August. She will be bringing our daughter back home with her.

 

My wife has called several places to get information about visa requirement information about our daughter. She has called the Philippines embassy in SF California, and the US embassy in Manila. They are giving us conflicting information. The Philippines embassy said our daughter does not need a visa, even though she is traveling with a US passport, as long as she has her original birth certificate from the Philippines. Upon entry to the Philippines, we were told she does not need a visa. The US embassy says our daughter needs a visa to stay for 2 months. When we all arrived in the Philippines, all of our US passports were stamped saying we can only stay for 1 month.

 

Here are my questions:

1. Does our daughter need a visa to stay in the Philippines for 2 months?

2. If we are sure she does not need a visa, but find out we are wrong, what will happen when she attempts to go home to the US with her grandma in August and they say she over-stayed her visit?

   a. Could they deny her entry back to the US?

   b. Could she be banned from going back to the Philippines in the future?

3. If we need to get a visa, where in the Philippines do we need to go to get it (DFA)? How long does it take?

4. Do we need to get the visa before my wife and I return to the US? Or can she get the visa after we leave with the help of her Filipino extended family? (she is 12 years old)

5. If she does not need a visa, what documents are required instead for her to return home?

6. Can we, and should we apply for our daughter to get dual citizenship instead?

   a. Can this be done in the Philippines?

   b. How? The Philippines embassy said we would have to go to the courts to do this?

7. Will there be any issues with our daughter returning home with only her Filipino grandmother? (this will be her grandma's 3rd visit to the US)

 

If you can help answer any of these questions, or all of them, your help will greatly be appreciated. Thanks.

Edited by James and Cynthia

James and Cynthia

08-22-2008 - Met my wonderful wife in the Philippines.
03-21-2010 - I proposed to her in the Philippines.
09-07-2010 - I-129F filed for K-1 Visa.
09-12-2010 - NOA1 confirmation email received.
11-02-2010 - I visitied the Philippines again.

02-07-2011 - NOA2 email recieved. Approved.
03-22-2011 - Case at USEM.

04-15-2011 - Interview Date. She passed.
05-01-2011 - POE

06-25-2011 - We were married.

-Life has been great ever since.

Filed: Other Country: Philippines
Timeline
Posted
1 minute ago, James and Cynthia said:

I am US citizen. My adopted 12 year old daughter will stay with extended family in the Philippines for 2 months. Will she need a visa to stay?

 

Background: My wife and daughter are both Philippines citizens? They came to the US in 2011 and then my wife and I were married. Shortly after that, I adopted her daughter. My wife later became a US citizen and recently became a dual citizen. They both have US passports.

 

Right now we are all in the Philippines visiting family. My wife and I are staying for 2 1/2 weeks. My daughter will be staying for 2 months. Her grandma has a 10 year visitors visa to the US, and will be traveling to the US to visit us in August. She will be bringing our daughter back home with her.

 

My wife has called several places to get information about visa requirement information about our daughter. She has called the Philippines embassy in SF California, and the US embassy in Manila. They are giving us conflicting information. The Philippines embassy said our daughter does not need a visa, even though she is traveling with a US passport, as long as she has her original birth certificate from the Philippines. Upon entry to the Philippines, we were told she does not need a visa. The US embassy says our daughter needs a visa to stay for 2 months. When we all arrived in the Philippines, all of our US passports were stamped saying we can only stay for 1 month.

 

Here are my questions:

1. Does our daughter need a visa to stay in the Philippines for 2 months?   If she is only a U.S. citizen and did not receive the BB stamp in her passport upon entry ... then YES she will need a visa

2. If we are sure she does not need a visa, but find out we are wrong, what will happen when she attempts to go home to the US with her grandma in August and they say she over-stayed her visit?   Traveling with Grandma back to the USA wil require written authorization from you - the Parents.

   a. Could they deny her entry back to the US?  She would not be denied entry into the USA.    Without proper documentation she would not be allowed to exit the Philippines.

   b. Could she be banned from going back to the Philippines in the future?  After exiting .. there would be no issue returning.

3. If we need to get a visa, where in the Philippines do we need to go to get it (DFA)? How long does it take?  Get the visa at the Bureau of Immigration.   Takes a few hours.

4. Do we need to get the visa before my wife and I return to the US? Or can she get the visa after we leave with the help of her Filipino extended family? (she is 12 years old)  Visa should be acquired before the end of her 30 visitors visa.

5. If she does not need a visa, what documents are required instead for her to return home?  Visa required .. unless she is a dual citizen and entered using her Philippine passport.

6. Can we, and should we apply for our daughter to get dual citizen ship instead?  Dual citizenship process can take awhile in the Philippines .. hard to accomplish if you are not there.  PITA to do no matter where, but because of the adoption may be easier to accomplish from the USA ... later.   

   a. Can this be done in the Philippines?

   b. How? The Philippines embassy said we would have to go to the courts to do this?

7. Will there be any issues with our daughter returning home with only her Filipino grandmother? (this will be here grandma's 3rd visit to the US)   Need authorization from the parents.  DSWD

 

https://www.dswd.gov.ph/frequently-ask-questions-faqs/

 

If you can help answer any of these questions, or all of them, your help will greatly be appreciated. Thanks.

OK .. If I had read it all before starting to answer I would have gotten to the short answer quicker

 

As a U.S. citizen your daughter is allowed a 30 automatic visa upon entry.  If staying long a visit to Bureau of Immigration is necessary to get a 59 day visa for your daughter.   Go get a visa extension.

 

http://immigration.gov.ph/visa-requirements/non-immigrant-visa/temporary-visitor-visa/extension-of-authorized-stay-beyond-59-days

 

Handle the dual citizenship later

 

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Posted

Sidenote:

 

One doesn't have to legally adopt if a US born kid to get BB stamp when going to Philippines

 

Example I marry a girl from Philippines,  She goes back to Philippines and takes my US born son he can enter using BB stamp, Wife just needs to bring marriage certificate and son's Birth Certificate

Just when you think you have TDS eradicate,  a new case shows up.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Thanks everyone for your help.

 

I have one more question:

When we all arrived in the Philippines two weeks ago, we explained our situation to the immigration officer. She stamped all of our passports showing that we can all stay for one year, showing in writing "18 Jun 19" (we just noticed this today). The stamps show the date but do not show BB. Last year when we came here, my wife's stamp showed BB.

 

Since our stamps do not show BB this time, but show next years date, is that still okay for our daughter without an additional visa? Also, what does BB stand for and why didn't they write BB on our stamps this time?

 

Thanks.

James and Cynthia

08-22-2008 - Met my wonderful wife in the Philippines.
03-21-2010 - I proposed to her in the Philippines.
09-07-2010 - I-129F filed for K-1 Visa.
09-12-2010 - NOA1 confirmation email received.
11-02-2010 - I visitied the Philippines again.

02-07-2011 - NOA2 email recieved. Approved.
03-22-2011 - Case at USEM.

04-15-2011 - Interview Date. She passed.
05-01-2011 - POE

06-25-2011 - We were married.

-Life has been great ever since.

Filed: Other Country: Philippines
Timeline
Posted
8 hours ago, James and Cynthia said:

Thanks everyone for your help.

 

I have one more question:

When we all arrived in the Philippines two weeks ago, we explained our situation to the immigration officer. She stamped all of our passports showing that we can all stay for one year, showing in writing "18 Jun 19" (we just noticed this today). The stamps show the date but do not show BB. Last year when we came here, my wife's stamp showed BB.

 

Since our stamps do not show BB this time, but show next years date, is that still okay for our daughter without an additional visa? Also, what does BB stand for and why didn't they write BB on our stamps this time?

 

Thanks.

They don't always write BB in the passport, but you have the date wrote in there .. all is good.  :thumbs:     (some of my entries only have a date wrote in the stamp never an issue when leaving)

 

No trip to B-I needed.  :)    

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

Thanks Hank. 

 

When we researched the link about our daughter traveling back to the US with her grandma using the link you provided, none of the circumstances fit our case on the website since she is a US citizen. 

 

Here is what we are leaving behind for her to travel with:

- Noterized authorization from a lawyer here in Cavite signed by mom and me (adopted dad). 

- Copy of US birth certificate for our daughter showing mom and dad as parents. 

- Original certificate of live birth from Philippines for our daughter showing only the mother as parent. 

- Copies of mom and dad passports. 

- Two passport pictures. 

- copies of Delta itineraries showing we traveled to Philippines together and traveling home at different times. 

 

Will this be be good enough? Do we have to get notarized approval from US instead?  Are we good without something from Department of Social Welfare since she is US citizen?

Edited by James and Cynthia

James and Cynthia

08-22-2008 - Met my wonderful wife in the Philippines.
03-21-2010 - I proposed to her in the Philippines.
09-07-2010 - I-129F filed for K-1 Visa.
09-12-2010 - NOA1 confirmation email received.
11-02-2010 - I visitied the Philippines again.

02-07-2011 - NOA2 email recieved. Approved.
03-22-2011 - Case at USEM.

04-15-2011 - Interview Date. She passed.
05-01-2011 - POE

06-25-2011 - We were married.

-Life has been great ever since.

Filed: K-1 Visa Country: Philippines
Timeline
Posted
43 minutes ago, James and Cynthia said:

Thanks Hank. 

 

When we researched the link about our daughter traveling back to the US with her grandma using the link you provided, none of the circumstances fit our case on the website since she is a US citizen. 

 

Here is what we are leaving behind for her to travel with:

- Noterized authorization from a lawyer here in Cavite signed by mom and me (adopted dad). 

- Copy of US birth certificate for our daughter showing mom and dad as parents. 

- Original certificate of live birth from Philippines for our daughter showing only the mother as parent. 

- Copies of mom and dad passports. 

- Two passport pictures. 

- copies of Delta itineraries showing we traveled to Philippines together and traveling home at different times. 

 

Will this be be good enough? Do we have to get notarized approval from US instead?  Are we good without something from Department of Social Welfare since she is US citizen?

Hank. Here is what we read from the link you provided that we think applies to our case:  

 

WHO DOES NOT NEED TRAVEL CLEARANCE?

II. A minor who is an immigrant or a permanent resident abroad, with foreign passport, or whose parents are in the foreign service holding diplomatic/official passport such as Ambassador/General Consul/Consul/Attaches, provided he/she is holding a valid passport and a visa such as dependent visa/identification card which serves as proof that the travel does not constitute child trafficking.

 

Do you agree we should be okay with the list of documents I mentioned in my previous post? I don’t think we really need the notarized approval but we got one anyways to be safe. Can we go without the passport photos? I would find it hard to believe they would deny our daughter going home, but we want to be safe.

 

The notarized approval was hard to have worded correctly. We had to ask for several edits from the attorney since his wording kept being wrong. I’m hoping what we have will be good since we are leaving early tomorrow morning. 

 

Thanks again Hank. 

James and Cynthia

08-22-2008 - Met my wonderful wife in the Philippines.
03-21-2010 - I proposed to her in the Philippines.
09-07-2010 - I-129F filed for K-1 Visa.
09-12-2010 - NOA1 confirmation email received.
11-02-2010 - I visitied the Philippines again.

02-07-2011 - NOA2 email recieved. Approved.
03-22-2011 - Case at USEM.

04-15-2011 - Interview Date. She passed.
05-01-2011 - POE

06-25-2011 - We were married.

-Life has been great ever since.

Filed: Other Country: Philippines
Timeline
Posted
6 hours ago, James and Cynthia said:

Thanks Hank. 

 

When we researched the link about our daughter traveling back to the US with her grandma using the link you provided, none of the circumstances fit our case on the website since she is a US citizen. 

 

Here is what we are leaving behind for her to travel with:

- Noterized authorization from a lawyer here in Cavite signed by mom and me (adopted dad). 

- Copy of US birth certificate for our daughter showing mom and dad as parents. 

- Original certificate of live birth from Philippines for our daughter showing only the mother as parent. 

- Copies of mom and dad passports. 

- Two passport pictures. 

- copies of Delta itineraries showing we traveled to Philippines together and traveling home at different times. 

 

Will this be be good enough? Do we have to get notarized approval from US instead?  Are we good without something from Department of Social Welfare since she is US citizen?

Ah yes ... I forgot.   

 

The airline will want a letter from the parents regarding allowing the child to travel with grandma, after that I think all is good.  You could check with the airline as to what they require.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

 
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