13A Visa Temp - Perm - Seperated During First Year Visa Need Advice Badly

[Shol]

Hi there.

Need some help on the best course of action.

I married a while ago but due to work constraints was only able to get the resident last year however I have now seperated (most likely to annulment soon) permanently.

I am currently living here and working however I am now in a postion where my wife and I are hesistant with the fact we have to appear for a hearing and fill out the information to convert to permanent and I don't want to do anything wrong.

We will still be married for maybe 2 years but am I still entitled to this ? What are the ramifications.

What would be my best options. I don't thinks he will appear for hearing and I don't know how to answer questions on that... I will be staying here for at least a year or so more maybe longer depending on business but to fulfill my obligations.

Is there anyway to get this accomplished without a hearing and just a letter ? (to get permanent)

Any offices I should visit for this instead of the Manila ones... (Makati extension)

I am looking to do this legally and also would like to know the best options if it's not possible.

Thanks so much

[Markham]

Having recently acquired my permanent 13a Visa, I can tell you that you have to apply for this in person and that both you and your wife will have to attend an interview with (normally) a BI lawyer. The problem is though, that you and your wife are now separated and, as you say, an annulment is being sought. To avoid any punitive legal percussions, you really should declare your current status to BI.

I think it is highly unlikely that they will permit you to apply for 13a and is is equally highly likely that your temporary 13a status will be cancelled and you will revert to being a tourist. If you are open and honest with BI, they may suggest that you apply for a Quota Visa. Your permanent residency status isn't the only thing you will lose, you will also lose the right to work - unless your employer is prepared to sponsor you, in which case you should apply for a 13g (but that would only be valid for your current employer).

If you say nothing and proceed with an application for the permanent 13a, you may well succeed. However you and your wife run the risk of being charged with being parties to a sham marriage. The justice system here takes a hardline and imprisonment and heavy fines result - plus, for you, deportation and permanent blacklisting.

I strongly suggest that you consult with an immigration lawyer but do be prepared to pay hefty fees: Quota Visas are not cheap.

[Shol]

Thanks for this quick and detailed response.

I figured most of what you are telling me :)

As for the work thing I should be ok as I am currently doing consulting - previously was sponsered by the company and can work in a sponsership... my former company simply had me continue extending tourist visas with sponsership backing.. never had any issues...

I guess I don't want to go to prison and such.. as you said

I attended the probationary with her last year, however this year I don't want any issues.. and I understand that this is somethign I could risk however it sounds like it could potentially be more trouble than just becoming a tourist and then being sponsered by the company.

Thanks for our advisement!

Having recently acquired my permanent 13a Visa, I can tell you that you have to apply for this in person and that both you and your wife will have to attend an interview with (normally) a BI lawyer. The problem is though, that you and your wife are now separated and, as you say, an annulment is being sought. To avoid any punitive legal percussions, you really should declare your current status to BI.

I think it is highly unlikely that they will permit you to apply for 13a and is is equally highly likely that your temporary 13a status will be cancelled and you will revert to being a tourist. If you are open and honest with BI, they may suggest that you apply for a Quota Visa. Your permanent residency status isn't the only thing you will lose, you will also lose the right to work - unless your employer is prepared to sponsor you, in which case you should apply for a 13g (but that would only be valid for your current employer).

If you say nothing and proceed with an application for the permanent 13a, you may well succeed. However you and your wife run the risk of being charged with being parties to a sham marriage. The justice system here takes a hardline and imprisonment and heavy fines result - plus, for you, deportation and permanent blacklisting.

I strongly suggest that you consult with an immigration lawyer but do be prepared to pay hefty fees: Quota Visas are not cheap.

[Shol]

What constitutes a sham marriage ? we were married for 3 years or so... it's a long story but technically arn't we still married until the annulment is done ?

Just would love to know the official stance on this and not just a decision based on judgmeent by someone in immigration.

Thanks!

[Jake]

Having recently acquired my permanent 13a Visa, I can tell you that you have to apply for this in person and that both you and your wife will have to attend an interview with (normally) a BI lawyer. The problem is though, that you and your wife are now separated and, as you say, an annulment is being sought. To avoid any punitive legal percussions, you really should declare your current status to BI.

I think it is highly unlikely that they will permit you to apply for 13a and is is equally highly likely that your temporary 13a status will be cancelled and you will revert to being a tourist. If you are open and honest with BI, they may suggest that you apply for a Quota Visa. Your permanent residency status isn't the only thing you will lose, you will also lose the right to work - unless your employer is prepared to sponsor you, in which case you should apply for a 13g (but that would only be valid for your current employer).

If you say nothing and proceed with an application for the permanent 13a, you may well succeed. However you and your wife run the risk of being charged with being parties to a sham marriage. The justice system here takes a hardline and imprisonment and heavy fines result - plus, for you, deportation and permanent blacklisting.

I strongly suggest that you consult with an immigration lawyer but do be prepared to pay hefty fees: Quota Visas are not cheap.

Thank you Markham for your boots on the ground experiences in this matter. Additionally, I would like

to express my agreement regarding his real and current immigration status. Otherwise, it may bite him

in the A$$. The soon to be ex-wife may drop a dime on member Shol at a later date, when you least

expect it.

Respectfully -- Jake

[i am bob]

Sham marriage? That is how the government will look at it if you continue to go for your 13A after your marriage has broken down. It is right on the form that you can be fined, imprisoned and deported for falsifying documents. IMHO it is definitely not worth the risk.

[Dave Hounddriver]

Just to chime in and say that my fellow forum mates are all wonderfully brilliant today. I would say that you have been given good advice. If you can afford it, if you are young enough to want to work for a living, if you have no plans for an immediate marriage to some other candidate, and if you plan to spend the rest of your life in Philippines then I would surely go for a Quota Visa. It would pay for itself over the long term.

[Shol]

Thanks Dave and everyone for the advice here. Such a fine line here between doing what "everyone does and no one cares" and doing something to get in trouble which I don't want to do.

And I am going to look into the quota visa thanks so much!

Just to chime in and say that my fellow forum mates are all wonderfully brilliant today. I would say that you have been given good advice. If you can afford it, if you are young enough to want to work for a living, if you have no plans for an immediate marriage to some other candidate, and if you plan to spend the rest of your life in Philippines then I would surely go for a Quota Visa. It would pay for itself over the long term.

[Shol]

One other thing... would I be breaking any laws by trying to (once the resident visa expires) get a balakbayan stamp at the airport on my own with proof of marriage certificate. (since I won't be annnuled for a while)

Also - what is the opinion here for getting a US based Divorce in Guam (I am Canadian Citizen)

Thanks again you guys are the best!

[Call me bubba]

What constitutes a sham marriage ? we were married for 3 years or so... it's a long story but technically arn't we still married until the annulment is done ?

Just would love to know the official stance on this and not just a decision based on judgmeent by someone in immigration.

Thanks!

1st .

is go to mega-mall 5th floor opposite side of SM. their is a LEGAL BOOK STORE, had many, yes many LEGAL BOOKS on wide range of Topocs. Subjects, .. was there last sunday, and saw a book(s) on the BI rules,Annulment and other books that could be very helpful.

2nd is consult a person(lawyer) versed in the "BI" rules/laws