Best Relocation Option?

[jkeenan213]

I, a U.S. citizen and my pinay wife (living here last 6 years) will be returning to Bohol permanently somewhere at the end of 2015/start of 2016.  From some research, it looks like my best bet is a 13a visa, but I am confused a bit about the process and looking to break it down to a "dummies guide" for myself.  Some notes:

 

We were married in the U.S. and had the marriage registered at the NY Philippines embassy.

My wife holds her 10 year green card, at the point of our move she will be about 7 years in.  She just renewed her PI passport.

We have one child born here and another on the way.  We registered the first at the embassy as a filipino born abroad and will do the same with the second.  At time of departure ages will be 4 and <1.

My U.S. passport will have just been renewed, with about 9 yrs left on it.

This relocation is permanent, god willing.  I have been there with her and before dozens of times so this is not a "see if you like it" situation.

We bought land (in her name of course, and titled) and should begin construction of a home next year.  I will be 58 on departure and may or may not want to return to working in PI if they falter or I get bored.  Like to have the option.

I would prefer not to go the SRRV route due to the deposit requirements, my investments are doing fine in the U.S. and I want to keep them there.

I do not expect to travel outside PI afterwards except for emergencies or an annual return to the U.S. to see my older children.

 

My interest is the least cost and least hassle.  We will be in provinces away from any embassy, NSO or BI office, certainly far from Manila.  With the little ones, I'd prefer to keep office appearances to either PI or US agencies in PI to a minimum...but I know, it's the Philippines.  Got it.  But the minimum.  Also not particularly interested in being required to travel outside PI periodically to satisfy some visa renewal requirement.

 

So my questions:

1. What can I or should I do before we leave?  Apply for the 13a or get the Balikbayan stamp and apply while there?
2. Somewhere in this process it looks like I will need a U.S. (FBI) records check, is this something i can obtain before we go?
3. Should I get PI passports for the little ones before we go?
4. It also looks like I will need lots of documents from the U.S. (birth and marriage certificates, etc.) and these also need to be certified by PI authorities?  Is this something I can do at the PI embassy here prior?
5. Somewhere I believe an ACR-I card comes into play, am I correct that this can only be done there?
6. In one forum I was told that my wife should get her U.S. citizenship before we go, first I ever heard this.  Anyone have input?
7. I read about a "throw-away" ticket needed as proof of planned departure from PI in certain extended-visit scenarios.  Does this apply to the 13a visa or Balikbayan stamp?

Like I said, I am putting together a "dummies guide".  Step one, step two, etc.  In what order and how soon before or how soon after.  Any advice is greatly appreciated!

[Dave Hounddriver]

Since you have so much time, I have heard it is best to apply for a 13a immigrant visa at the Philippine Embassy in the USA.  Here is a link to their site and here is what they say:

 

A non-quota immigrant visa may be granted to the spouse and unmarried children under 21 years of age of Philippine citizens (13A) and to former Filipinos who have already acquired foreign citizenships including their spouse and unmarried minor children (13G).

 

13A and 13 G visa holders are eligible to apply for duty-free shipment to the Philippines.

 

Processing time for 13A and G visas is two (2) weeks after complete submission of requirements.

 

 

13(A) visa

 

REQUIREMENTS:

 

 

http://www.philippineembassy-usa.org/index.php?page=consular-services-dc/faq-dc/#immigrant

 

 

I have heard that Filipinas who leave the US before getting their citizenship will lose their right of residence after a certain period of time.  Thats the best reason for getting her citizenship first.

 

PS:  The part that I underlined in bold is HUGE compared to the time it will take here.

Edited November 2, 2014 by Dave Hounddriver

[scott h]

Since you have so much time, I have heard it is best to apply for a 13a immigrant visa at the Philippine Embassy in the USA

 

Concur, wish I had done so.

[jon1]

1. What can I or should I do before we leave?  Apply for the 13a or get the Balikbayan stamp and apply while there? I agree with Dave, since you have ample time do it in the US before you come here. It will be way quicker than getting it done here.
2. Somewhere in this process it looks like I will need a U.S. (FBI) records check, is this something i can obtain before we go? From what I have read and I am going to do, you need this if applying within 6 months of your arrival in the PI
3. Should I get PI passports for the little ones before we go? I would get them both US and PI passports.
4. It also looks like I will need lots of documents from the U.S. (birth and marriage certificates, etc.) and these also need to be certified by PI authorities?  Is this something I can do at the PI embassy here prior? If you need anything certified, it would be much faster having the PI Embassy do it in the US
5. Somewhere I believe an ACR-I card comes into play, am I correct that this can only be done there? I believe that is correct, it can only be issued here. I believe that you will arrive with a package from the PI Embassy to be turned over to the Immigration officer on arrival.
6. In one forum I was told that my wife should get her U.S. citizenship before we go, first I ever heard this.  Anyone have input? I would recommend that you do that if possible. This will help her in the future. If there is no time for that, you might want to consider getting her a Tourist Visa (B1/B2). The Tourist Visa is good for 10 years with multiple entry/exit.
7. I read about a "throw-away" ticket needed as proof of planned departure from PI in certain extended-visit scenarios.  Does this apply to the 13a visa or Balikbayan stamp? I believe that you will need an onward ticket upon check-in for your departure for the 13A as you won’t have a stamp yet in your passport for that. For the BB stamp you definitely need the onward ticket.

If you go the BB route, you will need an onward ticket and the Marriage License upon arrival. Your wife needs to approach the Immigration Officer for this with you at her side. Let her do all of the talking. The BB will give you one year for free to work your 13A. You do not have to leave the country after one year. You can just get your BB converted to a tourist visa and do the typical 2 month extensions.

 

Nothing is done quick or in a timely manner here. So if you have the option of getting it done in the US I would do it.

[intrepid]

Just went through this with my friend who also happened to move to Bohol.  He thought it would be easier to to get the 13A there in the Philippines.   WRONG!  Now most all documents need to be authenticated in the US.  I was able to help with the police clearance(no charge for me).  To show what a pain it is, after you have the police clearance and it has been notarized, it must then be sent or taken to the local court clerk who issues the notary to be authenticated($10.).  Next it had to go to the Secretary Of State of Maryland to be authenticated($50.).  Then finally to the Philippine Embassy to be authenticated before being sent to my friend in the Philippines($50 or $100)I forget for sure because I was sending him two copies .  Thats when he learned the birth certificate and marriage license and other documents need to go through the same process.  Remembering the authenticated documents are only good for 60 or 90 days!
Anyway you can see what a burden you will put on someone here to get all these documents for you.  Otherwise it will cost a small fortune to do it yourself in the Philippines.

 

He wants the 13a because he does computer programing and needs to return to the US at least three times a year.  They have three small children in school and it would be a burden on his wife to meet him outside the county each time to get his BB stamp.

 

My advise would be try to get your visa before you go and save a lot of headache.

[jon1]

Intrepid,

 

How long was your friend in country when he applied for 13A? From what I have read, the US clearance paperwork is only required if you have been in country for less than 6 months.

[MikeB]

the US clearance paperwork is only required if you have been in country for less than 6 months

Correct. If the OP chooses to get it done here he can come in with a BB stamp and wait 6 months to start the paperwork. It will require him to make 10 trips to Cebu City over the 2 year probation-permanent period, something to consider. 

[Thomas]

Well. I suppouse you and your Filipina wife will arrive to Phils at same time.  Then you can get Balikbayan stamp FOR FREE   = Problem solved for a year.  During that year you get time to feel if you will want to work or not in Phils, which can change which VISA type will suit you best.)

 

From Bohol it's short to Cebu immigration office, and I suppouse you will go to Cebu (or at least to Tagbilaran) to shop anyway at least once a year, because some things are hard to find in less populated provinces.

 

((I'm not married yet, so I can't chose BB - otherwice I would to start with - so I will go there on TOURIST VISA until I chose a more long time solution some later.  Bohol is btw the most likely island to settle at for me.))

[intrepid]

Intrepid,

 

How long was your friend in country when he applied for 13A? From what I have read, the US clearance paperwork is only required if you have been in country for less than 6 months.

jon1,

You are correct about the 6 months or less.  He started the first month after he arrived because he was going to have to make a run to the US within three months after arriving.  He decided to wait until after 6 months for the 13A and bite the bullet and send his wife to meet him in Hong Kong for his return.  Now he is just hoping his work can do without him for a 6+ month strech. 

He learned the hard way he should have gotten the 13A before he left the US!

[jkeenan213]

Thanks, Thomas.  I actually believe that one can work on a 13a visa without an AEP by virtue of DOLE Order 97-09.  The 13a visa grants "resident" status, and as such the right to work without getting the Alien Employment Permit.  Someone please correct me if I am wrong.  In any case, by "work" I would most probably mean having my own business...which would be in my Pinay wife's name.  I too thought the Balikbayan stamp seemed a good option free and no hassle, but it is easier for me to get the 13a here before leaving as I have plenty of time and the embassy here is not far, much easier than what I would have to go through there on any of the applications/conversions.  I'll be at the embassy a lot anyway, I'll need to register our new baby's birth, get passports for both babies, etc.

 

Not married to a pinay, you have fewer options.  But I accompanied my now wife through the fiancee visa process there as well as titled purchase of land from the family of a man who died intestate.  You will find any dealings with government offices there an experience without equal.  Bring your sense of humor, patience, your manners,some humility and if possible a pinay/pinoy friend and you will make it through (minus several hours of your life that you will never get back). There is no Tagalog phrase for "sense of urgency". Which BTW is exactly why i am relocating there...so it's not a criticism, just a reality.