Best Way (Cheapest, Least Hassle) To Become Permanent Resident

[ITGeek]

Hello,

 

I've perused this forum and much of the information is scattered, just like my mind. I want to find best way for me to obtain permanent resident.

 

About my current situation:

• I'm a 51 yo native-born USC, married a filipina in Phils. this Sept and we're expecting a child in June.
• I'm currently on short-term disability, but qualify for long term disability benefits.  
• While I've already filed I-130 with USCIS for her and stepdaughter, it is unlikely they will receive their visa's before June.  My expedited request based on humanitarian reasons has been denied and I've asked my congressman's office to assist.  They live in Nueva Ecija (Cabanatuan area) and her family lost much property during Typhoon Lando.

Now on to Plan B:

• Applying for long term disability benefits (SSDI + LTD plan from employer)
• Move to Philippines to be with my family.
• Lower cost of living, plus have good family there as support.  It's first Phil-Am child they will have in family.  Her lola even wants to adopt baby. Here in US we'd be on our own to raise family. My family here is small and they're all busy with own families.
• I've already visited the Philippines many times over past few years, with longest stay about 35 days.  So I am comfortable with culture and life there.
• We're looking at buying house there in Cabanatuan City.  Of course she owns the land, we will own house and I will get 25 year lease from her on the land for p1,000 / year.

So what would be best way to obtain permanent resident status?  So far I'm looking at getting 6 mo tourist visa extension upon arrival at NAIA.  Then apply for 13a (spouse) visa during this period.

 

Would this be best way to take for cost and least amount of hassle?

 

Thanks!

[sonjack2847]

Firstly if you are going to lease land your GF owns do it before you are married there is a law about this.

The 13a seems the easiest and least costly way to become a permanent resident.Good luck

[Dave Hounddriver]

So far I'm looking at getting 6 mo tourist visa extension upon arrival at NAIA.  Then apply for 13a (spouse) visa during this period.   Would this be best way to take for cost and least amount of hassle?

 

I think you are very close to the 'best way'  if there is a actual best way  :tiphat:

 

The only flaw I see is that you have to first get a 30 day 'free on arrival' visa.  Then extend for another 29 days, either at the airport or the local BI office.  And then get the 6 month tourist visa.  They don't like to make things too simple here.

 

You also have the option of getting your 13a at a Philippine embassy in the USA.  That may work for you.

[scott h]

cost and least amount of hassle?

 

Well Geek (nickname meant with all love and camaraderie :thumbsup: ), you have already taken care of the expensive part. You married a Filipina :hystery: .

 

In regards to your Plan B. I received my 13A not to long ago. If that is the route you are going to go (seems the best to me) begin with the tourist visa route as other have suggested (I will leave that to them, I never went that route). But to expidite your 13a visa, (get it done in the 1st 6 months of your stay) you will need to get an FBI back ground check before you leave the states. Then hand carry that to the nearest Philippine embassy to have its authenticity verified (government stamp). Bring that with you and start the process to apply for your 13A. If you arrive with out it and it is not verified you will need to stay here on some other type of visa for 6 months then get and NBI (Philippine version of our FBI) back ground check then go through the process. (if memory serves it took less than a week)

 

For me, the process was relatively painless and quick.

 

Now having said all this, this was my experience at the main BI Office in Manila. As we all know rules and regulations can change at a moments notice and from office to office.

[ITGeek]

Firstly if you are going to lease land your GF owns do it before you are married there is a law about this.

The 13a seems the easiest and least costly way to become a permanent resident.Good luck

Guess I missed that law. The only reason I wanted to lease land was to protect it from any future possible "unknown" relative coming to claim the land, in the event she dies first.  A little late for that now.

 

I guess I could have land put in her brother's name and lease it from him?  

[Jack Peterson]

Of course she owns the land, we will own house and I will get 25 year lease from her on the land for p1,000 / year

 

 

Reiterating what Sonjack said in his post, I see you are already married, so Leasing Land from your wife is not an Option but can I ask please, why would you want/need to Lease anyway? Your wife owns the Land?  You would just be wasting money on rents and legal Fees.

 

 just asking :)

Jack  :thumbsup:

Morning All  :morning1:

[ITGeek]

The only flaw I see is that you have to first get a 30 day 'free on arrival' visa.  Then extend for another 29 days, either at the airport or the local BI office.  And then get the 6 month tourist visa.  They don't like to make things too simple here.   You also have the option of getting your 13a at a Philippine embassy in the USA.  That may work for you.

 

I know I can get 59-day visa at NAIA, but I can also get 6 mo visa at same time?

 

In regards to getting 13a here in US, do I have to go to the Philippines consulate (I'm only 2 hr drive from SF) or can I use one of those visa services?

[Jack Peterson]

Guess I missed that law. The only reason I wanted to lease land was to protect it from any future possible "unknown" relative coming to claim the land, in the event she dies first.  A little late for that now.   I guess I could have land put in her brother's name and lease it from him?  

 

I tend to think you may be getting into deep territory here my Friend. Should your lovely wife pass on before you, Family Inheritance takes over, Lease or no Lease.

I can quite understand what you are thinking and Admire your Forethought but in the PI it will never work out the way we think it should, We had a Topic not long ago on What happens should our Wife Dies before us, Man it can get Messy.

 

Best of Luck All Round.

 

Jack :thumbsup:

[scott h]

In regards to getting 13a here in US, do I have to go to the Philippines consulate (I'm only 2 hr drive from SF) or can I use one of those visa services?

 

VIsa service? I have no idea. I think (not sure at all) that in order to get your 13A your spouse will have to be with you. So IF that is true, you will have to wait until your in the Phil. So if you want to get your 13A in your 1st 6 months here you will need to get the FBI check don't and have it validated at the consulate before you come here.

 

This was true in my case. I had been here for a year on a balakbayan visa, went for the 13a. sent back to the states for the fbi check, took it to the BI and it was refused because it was not validated by the consulate.

 

My story anyway.

[Jack Peterson]

In regards to getting 13a here in US, do I have to go to the Philippines consulate (I'm only 2 hr drive from SF) or can I use one of those visa services?

 

 

13a  Visa's are subject to Personal Attendance, There are Interviews, fingerprint & Photo Captures to do and if my memory, serves me right, Out side the PI there is a medical.

 

As Dave said they make nothing Easy, The only good thing about an Embassy 13a is it is Permanent straight away (No probation.)

 

Hope we are helping here my friend

 

Jack :)