filipino wife returning to Phils for visit - what will visa stamp be?

[Bron Chase 1]

Hi Everyone,

I'm the USC and my filipino wife is in the final stages of getting her CR-1 visa to move to the US. There's a good chance that we will have to come back to the Philippines fairly soon after her POE so that we can tie up some loose ends before making our final move (preferrably). From what I understand, as long as she's made her initial POE before the visa expires (and I'm with her at the POE to prove that I'm domiciled), we can travel back to the Philippines with her being a US permanent resident and me a USC (for a visit much less than 6 mos of course). When she arrives in Manila at this point what kind of visa stamp will she receive? Will it be a 21 day tourist visa because she's a US permanent resident now, or will it just be one of those blank arrival stamps with no expiration date because she has a Philippines passport? And how about me, I have a 13a permanent resident visa for the Philippines. When I come back to Manila wouldn't I still be a permanent resident? or would I now be downgraded to a tourist? Any experience/insight would be much appreciated

- Bron (Makati/Utah)

[I AM NOT THAT GUY 5,715]

She is still a Filipino citizen. She doesn't need a visa to enter the Philippines. She will need her green card to leave the Philippines.

[Bron Chase 1]

She is still a Filipino citizen. She doesn't need a visa to enter the Philippines. She will need her green card to leave the Philippines.

Thanks for the response, I see what you're saying. So arriving back in Manila would only be different for her after she has been naturalized as a US citizen, as opposed to just receiving permanent residency in the US, correct (she will only lose and have to re-gain her Phils residency in the event of US naturalization)? I spoke to someone at the Intramuros BI and he told me that I can be in the US as long as I want and still maintain my 13a permanent residency as long as I show up in the Phils to renew my ACR-I card once a year; that sounds strange to me so I'm digging further into that.

[I AM NOT THAT GUY 5,715]

Thanks for the response, I see what you're saying. So arriving back in Manila would only be different for her after she has been naturalized as a US citizen, as opposed to just receiving permanent residency in the US, correct (she will only lose and have to re-gain her Phils residency in the event of US naturalization)? I spoke to someone at the Intramuros BI and he told me that I can be in the US as long as I want and still maintain my 13a permanent residency as long as I show up in the Phils to renew my ACR-I card once a year; that sounds strange to me so I'm digging further into that.

The US has a similar requirement for extended stays by permanent residents outside the US.

http://www.uscis.gov/USCIS/Resources/B5en.pdf

[Mogambi 96]

You are mistaken a bit. After her POE, she is NOT a permanent resident. Only after she receives her Greencard is she considered that, and that will take another 6 to 9 months, AFTER you get married.

So she will NOT be able to leave the US and travel back to the Philippines after her POE, until either 1) she gets what is called Advanced Parole, which is something you can file for at the time you file for her adjustment of status, or 2) she has her Greencard.

Without one of these two things, if she leaves the US she will NOT be allowed back!!!

You cannot apply for AP or Greencard until after you are married. At the time you file Adjustment of Status (the first step in getting the green card) you can also file for AP and also EAD (which will allow her to work before her greencard gets here).

AP and EAD typically take about 3 months from what I gather (we haven't filed that yet). So the soonest she could leave the US and be allowed back in, would be about 3 months after your wedding, if you filed the next day.

If you have lose ends to wrap up there, better to try and wrap them up before she arrives.

EDIT -> I see you are filing a CR1, sorry! I'm not sure how that affects you, but I think the same, I assume she can't leave until she has either a greencard, or a AP. Or do CR1 holders get a greencard automatically?

Edited September 3, 2012 by Mogambi

[I AM NOT THAT GUY 5,715]

EDIT -> I see you are filing a CR1, sorry! I'm not sure how that affects you, but I think the same, I assume she can't leave until she has either a greencard, or a AP. Or do CR1 holders get a greencard automatically?

[Hank_ 9,174]

You are mistaken a bit. After her POE, she is NOT a permanent resident. Only after she receives her Greencard is she considered that, and that will take another 6 to 9 months, AFTER you get married.

So she will NOT be able to leave the US and travel back to the Philippines after her POE, until either 1) she gets what is called Advanced Parole, which is something you can file for at the time you file for her adjustment of status, or 2) she has her Greencard.

Without one of these two things, if she leaves the US she will NOT be allowed back!!!

You cannot apply for AP or Greencard until after you are married. At the time you file Adjustment of Status (the first step in getting the green card) you can also file for AP and also EAD (which will allow her to work before her greencard gets here).

AP and EAD typically take about 3 months from what I gather (we haven't filed that yet). So the soonest she could leave the US and be allowed back in, would be about 3 months after your wedding, if you filed the next day.

If you have lose ends to wrap up there, better to try and wrap them up before she arrives.

EDIT -> I see you are filing a CR1, sorry! I'm not sure how that affects you, but I think the same, I assume she can't leave until she has either a greencard, or a AP. Or do CR1 holders get a greencard automatically?

Yes once she arrived she got her green card...