Filipina Wife overstay in Philippines

[StanJ 0]

OK I am new- Not sure I am doing this right. Married to Filipina for over 6 years- she has Green Card- we live California. We have made trips back home to visit family. This last trip Nov 2007- I had to stay back due to health problems. She went ahead to catch the Holidays, and I to follow in Jan 2008 for Visit, then return home together. I ended up having extended health problems, and some new ones. I kept encouraging her to stay , and I would go there as soon as possible. I wanted to visit family, then return together. Well, it kept stretching out- and she stayed helping family thru several things. I have been ready to go now for a month- but now aware there may be problems on re-entry. The plan was to return together in Jan 2008- so we never got a Re-entry Visa. I have been advised to go to USA Embassy in Manila and attempt to get a Boarding letter. Also advised just depart together, and when INS questions the 2 year stay at SFO Airport- Explain situation- and they can see we are married couple- and not likely to detain and seperate us. That they might make a referral for us to do a followup interview later at INS- San Francisco. I realize now it would have been better to have my wife return in 6 months or less.

[canadian_wife 1,822]

Don't risk it and just board the plane and see. That could be a costly mistake. the Customs and Border Protection (INS has not been around in a LONG time and do not operate in port of entries) will see that your wife has basically not followed the terms of her residency and could send her back to PI (and they don't care about separating families - sadly they are heartless and will separate you and not feel badly about it). Your best bet to be safe and ensure your wife can return is to go to the embassy and figure out what you need to do.

Good luk.

[Darnell 8,478]

I suggest she contact the US Embassy in the PI and inquire about the proper paperwork . There is possibility she can get some type of 're-entry stamp' in her passport, in the PI - but - she has to prove up that she's not abandoned the visa.

Sorry for yer plight - and good luck !

[john_and_marlene 162]

Contact the consulate regarding an SB-1 returning resident visa. You should allow about 3 months for the visa processing.

[-mitch- 3]

as far as i am aware of , an immigrant is just allowed to stay 6months or less abroad. i have a friend from church that her husband stayed in PI for 18 months without a re-entry permit and was denied to his POA here in LAX, what they adviced him to do is to have his wife petition her again... and thats what they did.... she said that her hubby's GC was considered abondoned.

at least try to talk to an officer in Manila Embassy and see what they'll say... we all are not sure maybe there might be a grace or a waiver or whatever but i yeah! it could be whatever they say.... they dont care how much hardship the couple will go through being separated.... they go by their rules....