We got a question from Steven today,
Here’s what Steven had to say:
I’m US Citizen man, Married May 16 2010 in Pangasinan, Returned and processed my Filipina Wife’s papers for Permanent Resident Card for US entry, she is here now. How can I, or we, go back to stay and live there in Philippines? Do I, or we, have to return to US, or leave for some time, after 2 months et,c? Can you please advise and help? Salamat
Here’s what Bob had to say:
Hello Stephen,
As a foreigner, you are not eligible for dual citizenship, the Philippine Dual Citizenship law only applies to people who are former Philippine Citizens who have been naturalized in a different country, they can re-acquire their Philippine Citizenship without losing their naturalization.
For you, like me, you can, though, get a resident visa to live permanently in the Philippines. You need to apply for a 13(a) Resident Visa, which will be issued to anybody who has a spouse who is a Philippine Citizen. There are a few hoops to jump through, but they are all relatively simple. Once you get your 13(a) Visa, you can stay in the Philippines forever, and never have to leave unless you want to.
Keep one thing in mind, though… since you have only been married a short time, and your wife is not a US Citizen, or a Dual Citizen, if she stays in the Philippines for more than 6 months, she will lose her residence status in the USA, and if she wants to return to the USA she will need to re-apply for a visa. However, if you stay long enough for your wife to become a citizen before returning to the Philippines, she could become a US Citizen, then use the Philippine Dual Citizen law to re-acquire her Philippine Citizenship. At that point, she would be free to come and go from the US and the Philippines as she pleases.
Good luck to you.
About MindanaoBob
Bob, I have heard from homeland security that she would have to re-enter the US at least once every 12 months, not six months. Where do I find out the “Official” ruling on this?
You also need to get a re-entry permit before you leave the US. You can only get reentry permit while you are in the US, that is very important to remember!
Here’s a couple of website that gives detail information. If the link is not working, just copy and paste the url to your browser.
How to Live Abroad and Keep a Valid Green Card:
http://www.immigrationunitedstates.org/products/Live-Abroad-Green-Card.html
I am a Permanent Residence, How do I?:
http://www.uscis.gov/USCIS/Resources/B5en.pdf
Thanks for sharing this helpful information, Miss August.
Hi Hudson – The truth is that the amount of time is not written in stone, it is at the discretion of the Homeland Security officer that you meet at the re-entry. They can deny entry at any time. It used to be that if one year had been exceeded, most officers would deny re-entry. There are many now, though, who deny re-entry after 6 months absence.