13a Permanent visa

no problem for you, if she died, it's sad but you are a widow and hold your 13e and the child can go to the mother or you can keep it silence. success

Look up with approval concerning the kid though if keeping, so you dont end up deported because being alone. Check with a lawyer.

Thank you for the advise, yes I'm going to talk to our lawyer once I'm back in the Philippines.

Thanks for the advise..

Your info is wrong . When Filipino wife passes away , 13a is revoked

Not true

wernervangelder wrote:

Your info is wrong . When Filipino wife passes away , 13a is revoked

If you can find a link to an official site, posting it would be very helpful.

Thanks

Let me clarify a bit . My statement may be a bit unclear and interpreted from my own situation .
13 a visa is not permanent in essence . It remains permanent , as long as the conditions of the visa are being met . Annulment of marriage , for example , would lead to cancellation of the visa .
In case of death , also the conditions of the 13 a visa are not met .

However , it appears that this topic has been subject to directives which provide for certain exception. I do t know if this directive is still valid or not . The directive provides for an exception in the sense that the 13a visa will not be cancelled if the Filipina wife deceases AND the are surviving children that have Filipino nationality . So if there are no children , the wife's passing away will lead to revoking then 13 a visa .

I could not attach the link , but I have copy pasted the link here below .



Immigration Memorandum Circular No. SMB-2014-009

GUIDELINES FOR REVOCATION OF NON-QUOTA IMMIGRANT VISA UNDER COMMONWEALTH ACT NO. 613 SECTION 13(A) OR TEMPORARY RESIDENT VISA (TRV)
In accordance with Opinion No. 52, series of 2013, issued by the Secretary of the Department of Justice (DOJ) on 17 June 2013 concerning the interpretation of Section 13(a) of Commonwealth Act (C.A.) No. 613, otherwise known as the Philippine Immigration Act of 1940, as amended and the application thereof on Temporary Resident Visa (TRV) under Law Instruction 33 and Memorandum Order No. ADD-01-038, the following guidelines shall be observed:
1. The dissolution of marriage by declaration of nullity, annulment, legal separation or separation de facto between the foreign husband and Filipino wife shall operate as a ground for the revocation of the foreign husband's Non-Quota Immigrant Visa under C.A. No. 613, Section 13(a) or TRV, except:
a. If the dissolution of the marriage is due to the death of the Filipino wife and there is/are surviving child/children of such marriage; and
b. In the case of petition for (i) adjustment of status from Temporary Visitor Visa under C.A. No. 613, Section 9(a) to Non-Quota Immigrant Visa under C.A. No. 613, Section 13(a) or TRV; or (ii) amendment or extension thereof, respectively , the surviving foreign husband, in his own capacity¹, or the child, as the petitioner², may file a petition for Non-Quota Immigrant Visa under C.A. No. 613, Section 13(a) or TRV for the foreign husband.
2. Dependents under Non-Quota Immigrant Visa under C.A. No. 613, Section 13(a) or TRV must be:
a. Under twenty-one (21) years of age;
b. Unmarried; and
c. Accompanying or following to join his Filipino parent

I do believe it depends on the circumstances and is a case-by-case situation. I  had a Kano friend here in his 70's married to a Pinay and they lived in America 30 yrs and returned back to PI and lived here for about 15 years. His wife got extremely ill with dementia and other health problems and passed away about 7 years ago. Then he got sick after his Pinay wife passed away. Being a retired sailor in America his drinking and smoking caught up to him and he passed away about a year ago from cancer. He was allowed to live here after his wife passed away and his visa wasn't revoked. He was ill after his wife passed and too old to return to the states so they just allowed him to stay and live his life out in the Philippines. I think the revocation is case by case and circumstantial. That's my understanding.

@dknipes      Hi   After 1 year on probation you can apply for a 13A Permanent visa which gives you the right to stay for the duration.  If your Filipino wife passes does your status change regarding the 13A visa?

13a visa is a permanent spouse visa as long as your wife is alive and as long as you don't separate as she's the one to ask for this visa for you and she's also the only one able to confirm it.

Your children cannot sponsor you. Only your wife or husband

@laurie3434 No. She passes and you lose the 13A.

***

How Long Can I Stay In The Philippines Using The 13a Marriage Visa?

The 13a Permanent marriage visa allows you to stay

in the Philippines indefinitely as a permanent resident,

unless you divorce or your spouse passes away.

Can anyone confirm then if your wife passes away and you have a child under 21 years old will the visa still be cancelled ?

Again , have read conflicting reports on this .

This was a reply in another forum...but i also asked a lot of questions in the Davao office.....

My experience in Davao was somewhat different.

I applied for a NON QUOTA VISA (Perm).

All medicals in Australia were free through bulk billing & a little bit of a chat & a flirt with the office girls.

The TB Xray was an ordeal never the less it went through as a Bulk Bill so no fees at all.

After the drive to the Embassy in Canberra that was a bit of a mess as i have changed my name, so i expected a bit of a problem never the less $250 later it was all done.

They sent me my original forms back which i had to go and get from DFAT an Apostilled Police clearance and Birth certificate. That was some AUD$170.

Once you get cleared at the Davao Immigration opposite Victoria Plaza, i had to go and be certified at the Quarantine dept.

Prebook online for PH580.

Stayed at the Travalers Inn in an A/C room for PH560 in Davao Proper and i thought it was great.

Back to Davao Immigration and for a fee of PH7,680 I now have a 10 year ACR Card, and a 10 year drivers licence.

For a minimal fee of apparently PH 530 renewal at the Davao office each year its PR after 5 years although Elsie at the office said it may very well just be 3 years and i never apply again as i will be Permanent Resident.

Lets see how it pans out :-)

To add to this forum in particular, I asked the question as males in my family live over 100 apart from Uncle Julio who died after being hit by a bus at 98, all females in my wifes family die in their mid 50`s.

So i asked the Immigration head at Davao, her name is "Mam LIELIE"...she is the top chook & she said that if your child has a Pinas passport and due to circumstances beyond my control or an "ACT OF GOD"...of course....and you do not have PR then the child takes precedence as "wifes sake" !!!!!!

I left it at that....i would suggest you contact her as she is as smart as a shit house rat and a beautiful woman....

Would like to know how you go and if not maybe i could help out.

Regards, W.A

@dknipes

https://ph.usembassy.gov/bureau-of-immi … l-offices/

Good day people this is a really confusing topic . Do you lose every thing if your wife passes away by an act of god . I heard u can even inherit the property if you wife leaves no will.so how can that. Imagine a 70 year old man living here for 25 years has build a comfortable home with his wife and then his wife is gone he is expected to go back to his country and start again.at that age he cannot even qualify for pension because he has not been living there . even if he manages to sell their property which I'm not sure will not be easy as every thing in his wife name . to take out the money he will have a issue plus the wife family's if they are not greedy .so this a topic that really needs some clarification. even the immigration gives a different story depends on who u are asking. Because i also heard u are a widower on your application .if that is true it should be published when u received the application for 13a.so u have to marry again and apply again .

On the inheritance issue I can speak of first hand knowledge. My wife purchased our house in 1992 in her married name, when she passed away in 2013 I inherited the house and land, it took about 3 years to get title in my name. It wasn't a legal question just takes forever to get stuff done. As we were married in Manila our marriage certificate was available, a copy of the death certificate duly registered by the consulate in the US  was basically all the paperwork required.

Hello thanks for the reply ,are a 13a visa holder did u all have children.

On the inheritance issue I can speak of first hand knowledge. My wife purchased our house in 1992 in her married name, when she passed away in 2013 I inherited the house and land, it took about 3 years to get title in my name. It wasn't a legal question just takes forever to get stuff done. As we were married in Manila our marriage certificate was available, a copy of the death certificate duly registered by the consulate in the US was basically all the paperwork required.
-@gregparker6201

So I think you lost the 13A. How did you stay here, by continuously extending your tourist visa?

@danfinn

I worked a rotating schedule on drilling rigs, very seldom in Philippines more than 28 days at a time, or we were living outside the Philippines and came in under Balikbayan

I remarried in 2016 to another Filipina ( brand loyal 😄). I have since acquired my 13A with second wife as sponsor, since I have retired

@gregparker6201 👍

@wernervangelder

Hi there

Would you perhaps know the following . If I were to obtain a 13a Permanent Visa , would I be able to change this at any point and apply for a citizenship ?

@Georges Laborie  did you have any experience or know anything we applied 13a visa here in the US San Francisco CA and my husband got 1yr probationary and the consulate give us brown envelope to present at port of entry and ask the immigration officer where we can obtain the ARC1 card can we process it in the immigration at the airport or Do I we have to go to he BI outside the airport

thank you

@ceesy Hello I have a permanent visa and my wife passed away last night what happened to my permanent visa do I lose it

@robertmark150 Hi, you need to report this to the immigration. They will tell you what happens next. If you have kids under 21 with your wife you might be able stay on your 13a visa. Otherwise you can stay here as a tourist and apply for a Quota Visa or retirement visa.

    @ceesy Hello I have a permanent visa and my wife passed away last night what happened to my permanent visa do I lose it
   

    -@robertmark150

Sorry to hear that. I hope you're doing ok.