my wife is in us and her kids are in philippines

[Deputy Purple 1,294]

I may be wrong but I'm not sure this will be an issue. My husband does not have a CFO sticker in his passport because we did not go through the Manila embassy when he got his visa. He has returned to the Philippines multiple times with his greencard and he has had no issues when trying to leave because of a lack of CFO sticker. I think her actually having a greencard versus a visa in her passport makes the CFO sticker irrelevant. Tell me if I'm missing something that makes these situations different.

My wife just visited last month and they checked her passport for the CFO sticker which was issued 2 years ago.

Maybe it's just another inconsistency of how policy is applied in the Philippines, I can't say.

What I can say is that for the kids to leave with a US Visa in their passports they will need CFO stickers and the Philippine government doesn't recognize the relations to the USC so what do you think the chances are of getting the sticker for the kids legally?

Oh, and regarding the OP's plan of her getting annulment she would then have to remarry the OP as the Philippines still won't acknowledge their current marriage.

Edited January 17, 2012 by Bob 4 Anna

[sunandmoon 450]

Now I am starting to under stand the CFO issue that I was completely unaware of until now. I have heard it takes 1 year to get a annulment in the Philippines.

So she could visit the Philippines like she did 2 years ago. But to visit now she would have to be sure she didn't show her greencard. She would only want to show her Tourist Visa and her Passport. But that wouldn't help her bring the girls here. Could we just meet the girls and her x in Japan or something and avoid the whole CFO issue all together.

the girls would have visas in their passports. they would need to be registered with CFO and have the sticker in their passports.

[sunandmoon 450]

For the process that takes 8 to 9 months does that include we started with the medical evaluation in September. We got notice of the interview in December and now have interview next week. Did we loose alot of time by waiting till 2 weeks ago to send the i130's for our girls?

Yes she was married to the x when she entered the USA.

Both she and I were recently divorced when we got married last year.

Yes her youngest was almost 1 when she first came to the USA. She returned for a 1 month visit 2 years ago and was planning to visit again this last summer but now we are just waiting for the trip to pick them up.

I looked up CFO and see that that has to do with leaving the Philippines to marry. Not sure how this would effect getting married while she was abroad. What issues do you think we would have with the CFO?

your wife's petition and AOS and the childrens petitions are separate processes. the 8 to 9 months is the time from when you filed the I-130's for the children.

if your wife had a 10 year multientry tourist visa, how was she able reenter the USA when she overstayed? something doesn't add up...

Edited January 17, 2012 by sunandmoon

[shockazulu 0]

A ten year tourist visa does NOT allow someone to remain in the US for four years. How did she do that? Sounds like a gross overstay that will result in a visa ban.

Correct me if I misread something but what was her authority to be here? 10 year tourist visas are valid for 10 years but do not allow more than 180 days visit per year and typically not more than 90 days at one time.

have you checked this out with an attorney before filing?

She also got a work permit after she was here. Not sure if that Helped her stay longer. We did get a lawyer because we were worried her sister who was taking care of the papers had let her working permit expire by 2 months by the time we caught the mistake. They sent us a new working permit for her in December around the time they told us the date for our interview that we have for next week. We feel more confident now and have filed our own i130's for our girls 2 weeks ago.

[sunandmoon 450]

She also got a work permit after she was here. Not sure if that Helped her stay longer. We did get a lawyer because we were worried her sister who was taking care of the papers had let her working permit expire by 2 months by the time we caught the mistake. They sent us a new working permit for her in December around the time they told us the date for our interview that we have for next week. We feel more confident now and have filed our own i130's for our girls 2 weeks ago.

you can't get a EAD from a tourist visa. again , something is just not adding up...

[aaron2020 11,651]

A ten year tourist visa does NOT allow someone to remain in the US for four years. How did she do that? Sounds like a gross overstay that will result in a visa ban.

Correct me if I misread something but what was her authority to be here? 10 year tourist visas are valid for 10 years but do not allow more than 180 days visit per year and typically not more than 90 days at one time.

have you checked this out with an attorney before filing?

She is applying to adjust based on marriage to a US citizen. An overstay is treated differently from an illegal entry in these cases involving a US citizen spouse.

A foreign spouse who enters legally and overstay can adjust status in the US. The overstay is forgiven or ignored. The OP's wife in this case is unlikely to get any type of ban whatsoever. She'll probably get her green card.

There is plenty of discussion on this forum on this particular situation.

http://www.visajourney.com/forums/topic/307068-married-to-a-us-citizen-but-i-overstayed-my-visa/

============

If there are other issues that would cause her to not be able to adjust (i.e., lied to get her EAD, etc), then the overstay remains relevant.

Edited January 17, 2012 by aaron2020

[shockazulu 0]

She is applying to adjust based on marriage to a US citizen. An overstay is treated differently from an illegal entry in these cases involving a US citizen spouse.

A foreign spouse who enters legally and overstay can adjust status in the US. The overstay is forgiven or ignored. The OP's wife in this case is unlikely to get any type of ban whatsoever. She'll probably get her green card.

There is plenty of discussion on this forum on this particular situation.

http://www.visajourney.com/forums/topic/307068-married-to-a-us-citizen-but-i-overstayed-my-visa/

============

If there are other issues that would cause her to not be able to adjust (i.e., lied to get her EAD, etc), then the overstay remains relevant.

Finaly something more positive. I was begining to think I walked into the twilight zone. This is what the Lawyer told us. The Lawyer is the one who also got her her divorce from her x while he was in the Philippines. We told him we were getting married after her divorce was finalized. When we told him her permit of some sort was expired. The lawyer told her to be carful not to get any trafic tickets or anything or she could be deported. He said once we were married and the papers were sent then she would be OK.

All that said we know she will get her Green card 3 weeks after our interview. But now we have fresh I130's filed for my step children (her biological children). Are we really going to have all these troubles with her needing to go to a 2 hour class to get a CFO stamp? Do the children also need to go to a 2 hour CFO class?

[beejay 125]

My wife just visited last month and they checked her passport for the CFO sticker which was issued 2 years ago.

Maybe it's just another inconsistency of how policy is applied in the Philippines, I can't say.

What I can say is that for the kids to leave with a US Visa in their passports they will need CFO stickers and the Philippine government doesn't recognize the relations to the USC so what do you think the chances are of getting the sticker for the kids legally?

Oh, and regarding the OP's plan of her getting annulment she would then have to remarry the OP as the Philippines still won't acknowledge their current marriage.

Has she been asked to show her sticker during other trips? Was she asked when she was bringing her son with her? Maybe it was specifically relating to coming and picking up her child and that does suggest that the OP might have a similar problem (among other things).

I do agree that the kids will need to do a CFO seminar. What usually happens for minors when they go through the CFO process?

[sunandmoon 450]

Finaly something more positive. I was begining to think I walked into the twilight zone. This is what the Lawyer told us. The Lawyer is the one who also got her her divorce from her x while he was in the Philippines. We told him we were getting married after her divorce was finalized. When we told him her permit of some sort was expired. The lawyer told her to be carful not to get any trafic tickets or anything or she could be deported. He said once we were married and the papers were sent then she would be OK.

All that said we know she will get her Green card 3 weeks after our interview. But now we have fresh I130's filed for my step children (her biological children). Are we really going to have all these troubles with her needing to go to a 2 hour class to get a CFO stamp? Do the children also need to go to a 2 hour CFO class?

Has she been asked to show her sticker during other trips? Was she asked when she was bringing her son with her? Maybe it was specifically relating to coming and picking up her child and that does suggest that the OP might have a similar problem (among other things).

I do agree that the kids will need to do a CFO seminar. What usually happens for minors when they go through the CFO process?

the children do not need to attend a seminar, but they do need to be registered with CFO and get the sticker for their passports. getting the sticker is what may be a problem.

Edited January 17, 2012 by sunandmoon

[shockazulu 0]

the children do not need to attend a seminar, but they do need to be registered with CFO and get the sticker for their passports. getting the sticker is what may be a problem.

I was just thinking what the CFO class would teach a 4 year old. So now I am looking at a issue of registering the girls with CFO? And any issues CFO will have with my wife because she got a divorce in the USA instead of a annulment done in the Philippines.

[shockazulu 0]

the children do not need to attend a seminar, but they do need to be registered with CFO and get the sticker for their passports. getting the sticker is what may be a problem.

I wonder if the children already got this stamp a few months ago when they went with thier biological dad (my wifes x)to get their passports. I remember it was a huge ordeal that lasted 2 days with her sisters and dad and her x and the 2 girls going from office to office and calling back and forth to my wife many times durring those 2 days of whatever they were doing.

I looked at the GFO site and they say you need this sticker to get your passport.

Here is a line I copied from their site...

You need this certificate to renew or apply for a new passport at the Department of Foreign Affairs (per Department of Foreign Affairs Order Nos. 11-97 Implementing Rules and Regulations for Republic Act 8239, "Philippine Passport Act" and 28-94). You will also need to present this certificate together with your spouse/partner visa, at the Immigration office at the international airport on your day of departure.

I hope that this is the case and they already have the stamp in their passport already.

[sunandmoon 450]

I wonder if the children already got this stamp a few months ago when they went with thier biological dad (my wifes x)to get their passports. I remember it was a huge ordeal that lasted 2 days with her sisters and dad and her x and the 2 girls going from office to office and calling back and forth to my wife many times durring those 2 days of whatever they were doing.

I looked at the GFO site and they say you need this sticker to get your passport.

Here is a line I copied from their site...

You need this certificate to renew or apply for a new passport at the Department of Foreign Affairs (per Department of Foreign Affairs Order Nos. 11-97 Implementing Rules and Regulations for Republic Act 8239, "Philippine Passport Act" and 28-94). You will also need to present this certificate together with your spouse/partner visa, at the Immigration office at the international airport on your day of departure.

I hope that this is the case and they already have the stamp in their passport already.

nope, sorry. what you posted has to do with fiance's and spouses.

in it's entirety...

As Filipinos going abroad as fiancé(e)s, spouses or other partners of foreign nationals, you are required to attend the CFO's guidance and counseling session in order to secure the Guidance and Counseling Certificate (GCC) and the CFO sticker. You need this certificate to renew or apply for a new passport at the Department of Foreign Affairs (per Department of Foreign Affairs Order Nos. 11-97 Implementing Rules and Regulations for Republic Act 8239, "Philippine Passport Act" and 28-94). You will also need to present this certificate together with your spouse/partner visa, at the Immigration office at the international airport on your day of departure.

http://www.cfo.gov.ph/index.php?option=com_content&view=article&id=1348%3Afiancee-spouses-and-other-partners-of-foreign-nationals&catid=140&Itemid=833

the children will be emigrants...

As a Filipino emigrant, or those who have been granted an immigrant-class visa, you are required by the Philippine Government by virtue of Article 19 of Presidential Decree No. 442, , to register with the Commission on Filipinos Overseas before leaving the country to settle in a foreign land. An emigrant who has properly registered with the commission will have in his passport the CFO sticker which will be inspected by the Bureau of Immigration upon departure.

http://www.cfo.gov.ph/index.php?option=com_content&view=article&id=1347%3Afor-filipinos-leaving-the-country-with-an-immigrant-visa&catid=139&Itemid=833

[shockazulu 0]

I wonder if the children already got this stamp a few months ago when they went with thier biological dad (my wifes x)to get their passports. I remember it was a huge ordeal that lasted 2 days with her sisters and dad and her x and the 2 girls going from office to office and calling back and forth to my wife many times durring those 2 days of whatever they were doing.

I looked at the GFO site and they say you need this sticker to get your passport.

Here is a line I copied from their site...

You need this certificate to renew or apply for a new passport at the Department of Foreign Affairs (per Department of Foreign Affairs Order Nos. 11-97 Implementing Rules and Regulations for Republic Act 8239, "Philippine Passport Act" and 28-94). You will also need to present this certificate together with your spouse/partner visa, at the Immigration office at the international airport on your day of departure.

I hope that this is the case and they already have the stamp in their passport already.

You are right. I bet they don't have the CFO stickers yet then. After looking through there site I do notice they never state that we need to bring proof of marrage divorce annulment or anything like that. They just need to bring ID's passport and visa and such. I am not sure how the issue of the American divorce will cause any problems?

[Deputy Purple 1,294]

Has she been asked to show her sticker during other trips? Was she asked when she was bringing her son with her? Maybe it was specifically relating to coming and picking up her child and that does suggest that the OP might have a similar problem (among other things).

I do agree that the kids will need to do a CFO seminar. What usually happens for minors when they go through the CFO process?

the children do not need to attend a seminar, but they do need to be registered with CFO and get the sticker for their passports. getting the sticker is what may be a problem.

I was just thinking what the CFO class would teach a 4 year old. So now I am looking at a issue of registering the girls with CFO? And any issues CFO will have with my wife because she got a divorce in the USA instead of a annulment done in the Philippines.

This was my wife's first trip back the the Philippines so I can't answer if she was asked on other trips. You're right I might be because she taking Carlo out of the country for the first time. Even if that is the case then the OP's wife would be in the same situation.

It's correct that there is now seminar or counseling session for the kids but when Anna was at CFO for Carlo they did inquire about how I'm related to Carlo, that answer would be problematic for the OP's wife. The Philippines will NOT acknowledge her divorce and marriage to you.

[shockazulu 0]

This was my wife's first trip back the the Philippines so I can't answer if she was asked on other trips. You're right I might be because she taking Carlo out of the country for the first time. Even if that is the case then the OP's wife would be in the same situation.

It's correct that there is now seminar or counseling session for the kids but when Anna was at CFO for Carlo they did inquire about how I'm related to Carlo, that answer would be problematic for the OP's wife. The Philippines will NOT acknowledge her divorce and marriage to you.

Now would this be different if just my wife took the children by herself without me going to the CFO with them? They would consider her as their mother with a US greencard. If they sre still considering her maried to her x she would have in her hands a document stating he gave his consent for his children to permenantly immigrate to the USA. Would the childrens Visa's state that they are for step children? Or would it help if my wife and her x went together to the CFO because the Philippines still recognizes them as married because they will not acnowledge their US divorce?