Spouse trying to deport me (Asawa ko Novela Part 2)

[hk blues]

1 hour ago, Tommy T. said:

I am very sad also to read about your predicament. I think all the above posts provide very good advice. I will suggest that you forget about your 13a visa. If you insist on staying in the Philippines, time out your visa, leave the country on a "visa run" and then return on a tourist visa.

I wish the best of luck to you in your very nasty situation...

Does the 13A visa ever expire?  The ACR card has to be renewed every 5 years but I'm not aware the visa itself expires.  At renewal, the wife's signature is not required.  

[hk blues]

3 hours ago, scott h said:

Your only problem will come when you have to renew your 13a visa and you need your wifes signature.

Does the 13A visa expire?  The ACR card does after 5 years, but the wife's signature is not required to renew the card IIRC. 

[Tommy T.]

2 minutes ago, hk blues said:

Does the 13A visa ever expire?  The ACR card has to be renewed every 5 years but I'm not aware the visa itself expires.  At renewal, the wife's signature is not required.  

I am totally ignorant about that, HK. Perhaps I should not have even commented. I was thinking about a prior post where someone mentioned that a spousal signature was required at renewal. I guess my thought is that this man needs to totally disconnect from his relationship and departing then returning on a tourist visa might be the way to go? Maybe that's not the best advice?

[hk blues]

1 minute ago, Tommy T. said:

I am totally ignorant about that, HK. Perhaps I should not have even commented. I was thinking about a prior post where someone mentioned that a spousal signature was required at renewal. I guess my thought is that this man needs to totally disconnect from his relationship and departing then returning on a tourist visa might be the way to go? Maybe that's not the best advice?

No worries Tom.  There are circumstances where the 13A visa would be cancelled by BI but I think otherwise it continues indefinitely.  And, as i said, the card renewal process does not require the wife's signature - this surprised me.  

For me, the best advice would be to forget about any type of visa and set off for home.  I know a child is involved - this is clearly an issue but...

[OnMyWay]

5 minutes ago, hk blues said:

Does the 13A visa expire?  The ACR card does after 5 years, but the wife's signature is not required to renew the card IIRC. 

I think the larger issue, is that you are supposed to notify BI every time something changes.  E.G., change of address, change of marital status?  Etc.  Everything might be ok but at the first annual report, you might have issues.

[hk blues]

11 minutes ago, OnMyWay said:

I think the larger issue, is that you are supposed to notify BI every time something changes.  E.G., change of address, change of marital status?  Etc.  Everything might be ok but at the first annual report, you might have issues.

Yes, to my cost I discovered this when I wanted to renew my ACR and it turned out that my notification of address change had not been actioned -expensive! 

My original point stands though - the 13A itself doesn't expire.  Actually, if I was being pedantic I would add the 13A expires 1 year after issue date and needs to be "activated" during that year.  

[Dave Hounddriver]

50 minutes ago, hk blues said:

Does the 13A visa ever expire?

As soon as the wife reports to the BI that she no longer wants you to have a 13a then it is expired.  Any time in country beyound that is an overstay unless you immediately convert to a tourist visa.  That is what they will deport you for and it is not pleasant.  First they put you in jail for overstay.  You stay there until they have got every cent they can from you and then they "let" you buy a ticket out instead of staying in jail.

This is a rare occurence, and only happens when the wife knows what she is doing and has connections in the BI.  I wish I could put you in touch with people that this has happened to but those individuals wish to remain annonymous now they have been put through the wringer.  Others know who I am talking about so disbelieve at your own risk.

 

Edited March 6, 2020 by Dave Hounddriver

[hk blues]

7 minutes ago, Dave Hounddriver said:

As soon as the wife reports to the BI that she no longer wants you to have a 13a then it is expired. 

 

I did already say that the 13A Visa can be cancelled by BI, but that's not the same as expiring which was what Tom was suggesting. It's not like a tourist visa for example which has a specified finite expiry date.   

[Dave Hounddriver]

3 minutes ago, hk blues said:

did already say that the 13A Visa can be cancelled by BI

Yes.  It is important that people know that.  The BI are vague in the way they word this.

http://immigration.gov.ph/index.php/faqs/visa-inquiry/permanent-resident-visa  says "This visa is issued to an alien on the basis of his valid marriage to a Philippine citizen."  Most of the BI staff interpret tha to mean the 13a visa is no longer in effect the minute the Philippine citizen says it is over.

So back to the opening poster.  If the wife is out to get him, time to leave the country, divorce in another country, then come back as a tourist.  IMHO . .  or try another country.

[hk blues]

12 minutes ago, Dave Hounddriver said:

Yes.  It is important that people know that.  The BI are vague in the way they word this.

http://immigration.gov.ph/index.php/faqs/visa-inquiry/permanent-resident-visa  says "This visa is issued to an alien on the basis of his valid marriage to a Philippine citizen."  Most of the BI staff interpret tha to mean the 13a visa is no longer in effect the minute the Philippine citizen says it is over.

So back to the opening poster.  If the wife is out to get him, time to leave the country, divorce in another country, then come back as a tourist.  IMHO . .  or try another country.

Agreed.  The world 'valid' is critical and the get-out clause for BI and unhappy spouses.  I suppose it originally stems from the fact divorce didn't exist when the guidance was written, so they needed to be able to account for estranged marriages. 

Regardless, if the wife wants you out then you're better getting out IMO - on your timeframe.  That said, I'd agree that if someone must be here (the guy has a child after all) then divorce then re-entry as a tourist (or retiree) would be a good option.