Moving Back to the Philipppines for Good

Today we got a comment and question from Angie.

Here is what Angie had to say:

HI! Me and my husband along w/ the kids are planning on moving back to the Philipppines next year for good, my filipino husband is a US citizen and I am still a Filipino citizen my question is do i have to pay ten years worth of taxes since ive been here in alaska for 10 yrs as an immigrant?

And here is Bob’s response to Angie:

There should be no taxes due, since the money was not earned in the Philippines.

PH Pro Pack

Thank you for visiting, Angie, and also good luck on your move back to the Philippines.

Comments

  1. Jenalyn says

    Hi, my husband and I is planning on moving back to the Philippines: He is american, and i have lived in here in the US for 5 years, i am not americAn citizens yet but i have permanent resident, my question is, if i go Back and stay to the philippines for a certain of years without going back to the US, is my permanent resident wont expired? Or i am going to lost my permanent resident? Tnx

    • says

      Yes, you will lose your green card if you come and live in the Philippines. The ideal situation would be to apply for US Citizenship, then once it is obtained, apply for Philippine Dual Citizenship, and you will have full rights in each country at that point.

      • Markito says

        I am also a US green card holder who left US to Philippines on January 6, 2011. I will have stayed a year and 6days in the Philippines when my next flight to the US will be January 12, 2012. That will be 6 extra days after a year.
        Will I have issues moving back to the US since I thought US green card holders should not be out of the US more than a year?

        • says

          Hello Markito – You may have a problem, it is at the discretion of the Immigration officer. If you are out of the country for over 6 months they sometimes deny re-entry.

          Good luck to you.

    • says

      If your husband is a US citizen, you can apply anytime for a US citizenship unlike with green card holders that they need to satisfy a 5 – 10 years continous residence before they can apply for US citizenship. Once you apply for US citizen with a US Spouse the processing time only takes 1.5 – 2 years. For green card holders you shouldn’t be out of the US mainland for more than 6 months in 1 year.

  2. Jenalyn says

    Can i apply american citizenship then while my american citizenship is in process, can i stay in the philippines?

    • says

      Hi Jennalyn – It is my understanding that if you leave the States for more than a couple of months your permanent residence will be lost, or can be. I don’t know how long it takes to get citizenship now, but it used to take a year or so. So, if you leave for the entire time, you will be in trouble.

  3. Maxine says

    Hi there! I have an ailing mother back home and my husband (US Immigrant & French national) and I have decided to move back to the Philippines. I have a few questions and I hope you can help me with the answers:

    1. I’m a US citizen and I’m in the process of applying for the reacquisition of my Philippine citizenship. My understanding is, I won’t lose my US Citizenship. Am I correct?
    2. I was the plaintiff in the divorce proceedings with my 1st husband early last year. The divorce was finalized 1 month AFTER I got my US citizenship. In this case, is my divorce then recognized in the Philippines? Meaning, I’m considered unmarried to my first husband?
    3. I got married the 2nd time. I read somewhere that if I have Dual Citizenship and I flew back home with my husband, he doesn’t have to apply for a Visa or get constrained with the 21-day visitor’s stay. Is this true? If not, what do we need to do to get him to stay longer than the 21 day visitor’s limit? Can he apply for immigrant status when we’re back home or does he need to do this now?
    Daghang Salamat!

    • says

      Hello Maxine – Here are the answers to your individual questions:

      1. You will not lose your US Citizenship.
      2. I would say that you are no longer married to your 1st Husband since you were a US citizen at the time.
      3. If you accompany your husband when he enters the Philippines, upon entry you should request a Balikbayan Visa for your husband from the customs agent. This will give your husband a 1 year stay.

      • Maxine says

        Thanks for your reply Bob. These info really help. I’ll probably do just that (Balikbayan Visa) or apply my husband for a 13(a) Visa while there. One more thing though, I read somewhere that for a Filipino to move back to the Philippines, each family is allowed to bring home with them 1 family vehicle. Does this mean custom duties or import taxes are waived? Is there an age limit on the vehicle? Thanks again.

      • says

        To my understanding, Balikbayan Visa can only be granted if you were a true born Filipino. I don’t think it can be granted to Filipinos acquired through marrying another Filipino citizen.

          • says

            I understand. My spouse and myself are both born in the Philippines but now are US citizen. When I went back last May 2011, I stayed for more than 1 month with no visas questions or filing needed? I think I’ve read in the PI embassy sec that true born filipinos are technically still a filipino citizen otherwise need to reacquire Philippine citizenship if rights need to be practiced.

  4. Liza Foronda says

    hi: my name is liz,

    me and my daughter is currently here in the PHils right now for a vacation. but i am going to leave my 3 year old daughter here for the meantime. My daughter is a holder of US passport coz she obtained us citizenship thru his us citizen father. My question is: can i apply a philippine passport for her so she will not be paying for overstaying? since she was born here in the Phils. Actually that was a suggestion from a representative from the Immigration when i went there for inquiries.

    What i had in mind is for dual citizenship, you have to apply for it and then you can apply for a philippine passport but based to what he said is, i just get a philippine passport and when i come back and bring back my daughter to the US i will just show her US passport and Philippine passport.

    Please confirm if this is a right info. thank you so much.

    • says

      Hi Liz – Actually you don’t need to do anything but go apply for the Philippine Passport. Your daughter is already a dual citizen. No applications are necessary, except the passport application.

  5. Liza Foronda says

    thank you so much for the immediate reply bob. so much appreciated.

    coz the representative told me that i should not indicate in the application that my daughter is a US passport holder. He said they will not issue her if they know. so i was confused when i’ve read the application form. there’s a question if application is a holder of a foreign passport. I just thought that I am afraid to say a lie.

  6. Lailani says

    Hi! My question is I am a US Citizen and my husband is a Philippine citizen. I am planning on having my 4 years old son, who was born in the States, to live w/ his father in the Philippines for about a year. What will be required for my son since he will be overstaying there?

    thank you.

    Lailani

    • says

      Hi Lailani – Actually, since your son’s father is a Philippine Citizen, your son can also be a Philippine Citizen… in fact, he will be a dual citizen, US and Philippines. All you need to do is have your husband file a “report of birth abroad” with the Philippine Embassy or consulate nearest where your son was born. After his Philippine Citizenship is recognized, you may apply for a Philippine Passport for your son, and he can then stay in the Philippines any length of time without overstaying.

      • Lailani says

        So, if my son was born in Alaska, the nearest Philippine Consulate is in San Franscisco? Will there be a cost to this process? Is there a website I can download the form so that I can take it to my husband to sign, if needed.

        Once again, thank you for the quick response.

        Lailani

        • says

          Hello Lailani,

          Yes, the San Francisco Consulate should be the proper one, since it serves Alaska. I would recommend calling the San Francisco Consulate and requesting the forms.

          Here is the procedure:

          The birth of a child outside of the Philippines should be reported to and registered with the Philippine National Statistics Office through the Embassy/Consulate General.

          When reporting/registering the birth of the child, the following documents should be submitted:

          Four (4) original copies of the duly accomplished application Report of Birth form
          One (1) original or certified true copy and four (4) photocopy of Birth Certificate
          Processing Fee of US$25.00 (non-refundable, payable only in cash when personally applying or money order, certified or cashier’s check payable to the Embassy or the Consulate) when applying by mail; personal check pr personal money order is not accepted)
          One (1) original/certified true copy and four (4) photocopies of Proof of Philippine Citizenship of either parent at time of birth of the child such as the data page of his/her Philippine Passport and if applicable, photocopies of his/her alien registration card. If only one parent is a Filipino at the time of child’s birth, the non-Filipino parent submits photocopies of government-issued identification card or passport.
          If applicable, Order of Approval (for dual citizens) indicating the name of the child as a minor-beneficiary of the parent’s re-acquisition of Philippine citizenship.
          If applicable, photocopies of U.S. Naturalization Certificate of parent(s)
          If report of birth is filed more than a year after the child is born, a notarized affidavit explaining the reasons for the delayed registration.
          Marriage certificate of the parents
          If parents are not married and the father’s surname will be used by the child, notarized Affidavit of Acknowledgement of the Paternity and Permission to use Father’s Surname executed by the father.
          The Consular Officer may require additional proof or documents from applicant to determine the child’s citizenship, identity, or eligibility for registration of birth under Philippine laws.
          The originals will be submitted to the National Statistics Office and Department of Foreign Affairs.

          Applicants who applied in person but want their documents mailed back to them should also submit a self-addressed US Postal Service registered mail or FEDEX /UPS envelope.

          Note: If applying by mail, have your application forms notarized and the applicant submits a self-addressed return envelope with appropriate stamps.

  7. says

    It’s my turn to ask BOB! :-) I need shipping company recommendation that is reliable. Main Manila is our destination. If I apply for dual citizenship both myself and spouse, do I have to file/pay my taxes in PI with my company still base in US and I will only be working remotely in PI?

    Is Dual Citizenship advisable? Is it true that PI will tax my earning from a US employer while residing in PI?
    both local and foreign earnings?

    Would I still be required to file taxes here in US even we are in the Philippines? Thanks!

    • says

      Hi Cindy – Philippine tax must be paid on money that is earned in the Philippines. There would be no Philippine tax on a US company unless it is doing business in the Philippines.

      Unless your spouse is a former Philippine citizen, he is not eligible for Philippine dual citizenship.

      No, what you say about Philippine tax on US earnings is not true.

      As a US citizen you are required to pay US taxes no matter where you live or where the money is earned.

  8. LAILANI says

    Hi Mr. Bob! Since my Philippine citizen husband will be staying in Philippines w/ my 4 year old son and I will be working in the States, I wanted to know how does one purchase a home in Philippines. Do you apply for a mortgage loan? Is it the same process as in the U.S. If my husband does not have any source of income, but I do…how does that work?

    Thank you.
    L.E.

  9. cynthia says

    hi im cynthia,i have a question I just got my US citizenship,and my husband is american citizen too.did i lost my filipino citizen,if so what do i need to do coz my husband is wanting to move to philippines and he is US citizen,its the american can apply a dual citizen too?thanks

    • says

      Hello Cynthia – You are no longer a Philippine citizen because you renounced your Philippine Citizenship during your oath taking for US citizenship. All you need to do now is apply for Philippine Dual Citizenship in order to re-acquire and be a dual citizen. If you need to know the procedure for applying, you can get our book which tells you everything you need to know, and also how much everything costs. You can get our book here for just $9.99 and download it immediately upon making payment.

      I am sorry, your husband is not eligible for Philippine Dual Citizenship, it is only available for people who are former Philippine Citizens.

      • cynthia says

        hi bob How long he can stay to the philippines,what if we will get married in the philippines and he stay there for good?

        • says

          Your husband can stay here forever if he gets a resident visa. As your husband he qualifies for a 13(a) Resident Visa. I’ve been living in the Philippines for 12 years and have never left, as my wife is a Filipina.

  10. cynthia says

    how long we can stay in PI since we are bought US citizen?do we need to get a visa to visit in the Philippines?

    • says

      Hello Cynthia,

      There are two scenarios for you and your husband:

      1. If you are a former Philippine Citizen (now a US Citizen) and your husband is a US Citizen. In this case you and your husband both qualify for a 13(g) which will allow both of you to stay in the Philippines permanently.

      2. If you are a Philippine Dual Citizen and your husband is a US Citizen, you can live here permanently as a citizen. Your husband then qualifies for a 13(a) Resident visa and can stay here permanently.

  11. Michael Nonato says

    Hi
    My name is michael, im 18 years old and im filipino. i live here in the UK but its always been my dream to move back and live in the philippines. I was born there and hold a filipino passport, with this in mind will it be easier for me to live back there? or are there lots of procedures?

    • says

      Hi Michael – There are no procedures. You are a citizen. All you need to do is buy a plane ticket, fly here, and you can stay here and live as long as you want. Nothing else required.

  12. zaira lim says

    hi, my 6 month old daughter is born in the usa my husband and i were both filipinos. we are going back in the philippines since his 1 year work contract will end by march. are there requirements for our daughter to enter philippines?

    • says

      You need to file a report of birth abroad with the Philippine Consulate that serves the area where your daughter was born. You also need to obtain a Philippine Passport for your child before returning to the Philippines.

  13. khate20 says

    Hi, I was born in the Philippines and now a US citizen. Now my question is staying in the PI for good what are the requirements? Thank you.

    • says

      Being born in the Philippines does not mean you were a Philippine Citizen. If you were previously a Philippine Citizen, I would recommend that you apply for dual citizenship to re-acquire your citizenship. That will allow you to stay indefinitely in the Philippines.

  14. Sonny says

    Hi Bob, I’m a US Permanent Resident, Me and my family migrated last March 2008, I had to go back to the Philippines 2009 to run the family business upon the demise of my mother, what I’ve understood through your website is that dual citizens whose income was derived from the Philippines pay Philippine & US taxes, am I correct ? Thanks

  15. Sonny says

    Hi Bob, thanks for the quick reply, I’d like to ask 2 questions;

    1. Being a Permanent resident and not yet a citizen, am I obligated to pay US taxes, if my income was derived here in the Philippines ?

    2. Will the IRS know if you are working here ?

    Thanks in advance.

    • says

      Hi Sonny – Here are the answers to each question:

      1. You are legally responsible to pay US taxes on all income, no matter where it was earned.

      2. I don’t know, but I could certainly not advise you to do anything illegal, like not paying your taxes.

  16. mer says

    hey.. bob i am a filipina married to an american citizen in the philippines and now were are living here in vietnam.
    here are my questions to you:1.) can i apply for a tourist visa to united states? 2.) if so where can i apply?3.) do you know how long it takes to process? 4.)what are the requirements that i need to get ready so that i can start to process my visa? And also we are planning to file for the I-130 do you have any idea where we can file the I-130? note that we are in vietnam now. i really need your answer.

    thank you so much.

    • says

      Hello Mer – I am sorry, you are asking the wrong person. I know about immigrating or obtaining a visa to come to the Philippines. I know little to nothing about doing such for the USA. Good luck to you.

  17. Willie says

    Bob,

    My question is, my soon to be wife will be here in a few months in the US. But, we plan on going to a wedding next June in the Philippines. I’ve been told that she won’t be able to come back home to even visit for two years. But, is this necessarily true?

    • says

      Hi Willie – I have never heard of such a thing. She is a Philippine Citizen and can come to the Philippines at any time she pleases. Under what circumstances have you been told she is not allowed to return to the Philippines?

      • Ann Bottrell says

        Hi Bob, Im an American citizen and Im going to get a dual citizenship one day. I have a live in partner he’s a very nice American man and we have one kid. Now we are planning on going to the Philippines someday for good when he retire. My problem is were not marriage and I can’t get marriage because im recieving pension from my first late husband. What should I do can I get him a balik bayan visa? And my son he’s born here in the State. When I get my dual citizenship is he automic dual too? Thank you Bob

      • Ann Bottrell says

        Hi Bob, Im Filipina and now American citizen and Im going to get a dual citizenship one day. I have a live in partner he’s a very nice American man and we have one kid. Now we are planning on going to the Philippines someday for good when he retire. My problem is were not marriage and I can’t get marriage because im recieving pension from my first late husband. What should I do can I get him a balik bayan visa? And my son he’s born here in the State. When I get my dual citizenship is he automic dual too? Thank you Bob

        • says

          Hello Ann – The only way that your live in partner will ever be eligible for a Balikbayan Visa is if you two get married. Otherwise, he will just have to get a tourist visa and extend it during his stay.

          When you apply for dual citizenship, you will have the option of including your child on the application, and if you elect to do so, your child will also become a dual citizen.

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