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Posted

Hello everyone.... I've been here in the US for a year already with a fiance visa. We got married after one month I got here in the US and till now I havent change my status coz we decided to move in the Philippines and live there. I have a 1 yr. old baby and that was born here in the US. My questions are, Does my baby and my husband needs a visa to stay there in the Philippines? Is it okay to leave using my old passport with my maiden name? And what kind of visa if they need one? I hope everyone can give some advice on what to do.. Thanks..

Filed: Timeline
Posted

Well. So many things.

If all of you plan to move back to the Philippines, the husband will need a Visa from the Philippines government to stay in the Philippines. Your baby, born in the USA and having one Philippine's national as a parent is entitled to citizenship for both countries. As for your status, well, you don't have any. You are married, which meets the conditions of the K-1 Visa, but since you haven't yet filed for change of status, there is nothing that would permit you to stay in the US any longer.

As far as your passport, you need to contact the nearest Philippines consulate, to report your marriage, and the birth of your child. Your passport will have to be amended, as well as getting a passport for your child, and a visa for your husband.

Hope that helps.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

If you enter with your husband at the same time, he and the child automatically get a one-year visa. It is stamped directly into their passports. You MUST enter at the same time.

You can use your maiden name on your own passport. Buy the ticket for you in your maiden name then so that the passport matches the ticket.

But boy if you try to get back into the USA without having adjusted status to green card - that is a big problem for you. That is something that must be done before you leave the country.

Posted (edited)

Does my baby and my husband needs a visa to stay there in the Philippines? Isit okay to leave using my old passport with my maidenname? And what kind of visa if they need one? I hope everyone can give someadvice on what to do.. Thanks..

You need to report the birth of your baby to the Philippine Consulate that has jurisdiction over your State and then get him a Philippine passport so you don't have to adjust his status or file for Recognition as Filipino when he arrives in the Philippines. If your child arrives with a Phiippine passport, he/she can stay in the Philippines for as long as he/she wants. For initial info, click here: http://www.philippin...lipino_Citizens.

When you arrive in the Philippines, you will need to petition your husband by filing under Section 13 (A) of the Immigration Act which states:

Under the conditions set forth in this Act, there may be admitted in the Philippines immigrants, termed "quota immigrants" not in excess of fifty (50) ofany one nationality or without nationality for any one calendar year, except that the following immigrants, termed "non-quota immigrants", may be admitted without regard to such numerical limitations.

x x x

(A)The wife or the husband or the unmarried child under twenty-one years of age ofa Philippine citizen;

For checklist of requirements, click the link below: http://immigration.g...id=26&Itemid=35

Edited by Pinay Wife
Filed: AOS (apr) Country: Philippines
Timeline
Posted

It would not be wise to go back until you have your 10 year green card, I also plan to move to the Philippines with my wife but I want her to at least have permanent resident status and even better she has US citizenship. I love her and if something happens to me I don't want her to have any problems retuning is she wants...

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Posted (edited)

It would not be wise to go back until you have your 10 year green card, I also plan to move to the Philippines with my wife but I want her to at least have permanent resident status and even better she has US citizenship. I love her and if something happens to me I don't want her to have any problems retuning is she wants...

Agree!!! You'll never know after a few years your husband want to come back here in the USA for medical purposes....you'll never know.

Edited by walls1010

--------------------------------------------------------------

Naturalization

Aug. 05, 2009......sent N-400

Aug. 06, 2009......delivered at 11:45

Aug. 17, 2009.....NOA

Sept.01, 2009.....biometric appointment

Sept.12, 2009.....rcved interview letter

Oct. 19, 2009.....date of interview....passed!!!!!

Nov. 18, 2009.....Oath Ceremony...yahooooooooo!!!!!!!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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