Advice please for overstaying, married to a Filipina

[Che]

Hello. I'm a Filipino citizen, my husband is Dominican. We arrived in Manila on 27 December 2018. He entered the country with his passport, no tourist visa. We did not plan to stay this long but suffice it to say we are still in the Philippines. We are planning to leave before Christmas this year.

1. Can he still apply for an Immigrant Visa by Marriage?
2. How much is the fee for overstaying?
3. What is the best thing to do from here?

Thank you so much.

[Dave Hounddriver]

36 minutes ago, Che said:

3. What is the best thing to do from here?

My suggestion would be to contact the immigration Facebook messenger chat and ask them.  They have been helpfull in the past but they do have a hard heart towards people who do not care enough to follow their rules so be very sincerely apologetic.

[Snowy79]

It's relatively early days yet so chances are they will be lenient but it will still cost you a few thousand peso.  Leave it longer and he may be blacklisted and not allowed to return. 

[robert k]

I agree with Dave above. Contact them and do whatever they say. Be sincerely apologetic, they may not care if you are apologetic but it can't hurt. The main thing is to get legal as soon as possible. You can't do anything towards getting the marriage visa until you are legal and in good standing.

As for the cost penalty for overstaying? You will pay for each month as if you had filed for extensions then there will be the penalty and you will be paying penalties, certifications, express lane fees. It would have been better if you started 2 weeks ago because now you have just added another month on to it. The important thing is to get legal.

If you had entered as married (with extensive documentation) and asked to be extended the Balikbayan courtesy and it was granted, you would have been okay for a year without visa extensions. That's past and totally irrelevant to your present situation, maybe you can do it next time you enter the Philippines but I would put it on the back burner and just deal with the tourist overstay. 

I'm told the 13A marriage visa is immediately effective with no probationary period IF you obtain it outside the Philippines. If you are not going to stay in the Philippines longer than the probationary period? I would certainly try to get the 13A visa outside the Philippines as the slightest misstep during the probationary period seems to start the whole process over again. Welcome to the forum.

[Gary D]

Have a close look at your husband passport, he may have been given a balikbayan visa. I don't think we have ever asked but always get one.

[Che]

Very informative group; I’m thankful to have found this forum. Thank you all.

Gary D,
This is the stamp on his passport. Is this the balikbayan “visa”?

 

[Jollygoodfellow]

2 minutes ago, Che said:

Very informative group; I’m thankful to have found this forum. Thank you all.

Gary D,
This is the stamp on his passport. Is this the balikbayan “visa”?

 

The BB stands for balikbayan. The dates is from 27/ 18 to 27 /2019 so he is good until December.

[OnMyWay]

3 minutes ago, Che said:

Very informative group; I’m thankful to have found this forum. Thank you all.

Gary D,
This is the stamp on his passport. Is this the balikbayan “visa”?

 

 

2 hours ago, Che said:

He entered the country with his passport, no tourist visa.

Yes, Gary nailed it.  I was not understanding how he could enter with just a passport.  They will always have something to let you in.

You have until Dec. 2019 to decide on some options:

A.  Leave the country with him and return together again, in which case they will give you BB for another year.

B.  Convert to tourist visa

C.  Convert to marriage visa

[Arizona Kid]

4 minutes ago, Jollygoodfellow said:

The BB stands for balikbayan. The dates is from 27/ 18 to 27 /2019 so he is good until December.

Agree. It's also always good to have a copy of your marriage license with you. We were asked for it once and had it. 

[Che]

I am so relieved. Thank you, kind sirs.

 

4 minutes ago, OnMyWay said:

A.  Leave the country with him and return together again, in which case they will give you BB for another year.

We usually visit every 2-3 years and this is the first time we've stayed this long. Can we keep doing this every time we visit the Philippines? (Until of course they change the law.) Otherwise we will then get the Marriage Visa. :)