Skip to main content
SeeQee
Infinite-Land-917RepostReddit
Oct 3

Advice needed – overstay

Hi. I'm the partner of a US citizen who came here in 2024 to be with me; we've been together since 2022. I make good money as an engineer, so since I could cover our living costs, we decided he'd move here and find remote work. (He sold everything he had and moved here.)

Fast forward: after being told we had zero chance of having a baby, I got pregnant, and things kind of went downhill from there (don't get me wrong, we love our baby to death!). Being pregnant made me really sick. My job is actually fairly easy for me and my company is very lenient, so I never had to stop working; I'd work a few hours from home and call it a day. But because he was the one taking care of me, it became hard for him to look for work (I have no family nearby; it's really just the two of us). Then I gave birth, and he's been a truly good father, taking on all the exhausting work of caring for me and our baby. I never even had to get up or ask him for anything. Then, the same year, I was sadly diagnosed with a rare form of cancer. Basically, my genes mutated in a bad way. I'm more symptomatic than most, and he's been caring for me while also being our child's main caregiver. It's no exaggeration to say things have been hectic with all the back-and-forth hospital stays, and we didn't even have the bandwidth to think about visa renewal. I'm still working and have good benefits (my company even got him health insurance as my domestic partner).

Now he's been overstaying for a year, and we're trying to plan how to sort everything out bit by bit, since most of our money goes to my healthcare and our child's needs. So I'd like to know, even roughly, how much it would cost to settle everything. He was on a tourist visa, and from 2024 until late 2025 we kept extending it and paying the fees, before everything got out of hand.

Also, if we settle everything, will he still be able to stay and keep extending? Or will they make him go back to the States? :( That's my fear. I don't want him to be detained either, and I'll do whatever it takes to clear his record.

Reactions16 original comments
Pay up and leaveCost estimatesA full rundownJust leave and come backSupport and jabs
Pay up and leave
glimblade5

All he had to do was take a $200 round-trip flight somewhere, and now he has to pay a huge fine. And the longer you wait, the bigger it gets, because it's charged by the day. He needs to get it together, pay the fine, leave, and hope they let him back in (they probably will).

Cost estimates
Important_Cry41494

He'll most likely have to pay it all at once, penalties included. Depending on whether he needs an ACR card renewal, 10 months comes to about 24,000–28,000 pesos. 5 x 3,980 plus penalties 23,000 ACR card $50.

A full rundown
Historical-Bobcat9303

Hi. You two sound like an amazing team, and your partner is clearly a great dad. Here's what I know about fixing an overstay in the Philippines. Fees change, so please confirm the exact amounts with the Bureau of Immigration (BI). Will he be detained? Very unlikely if he comes forward on his own. When someone walks into BI to settle an overstay, it's usually treated as an administrative matter: he pays and his status gets updated. Detention mostly happens to people who get caught, get reported, or have other legal problems. That's the main reason to settle it soon instead of waiting. Rough cost for about one year of overstay: All the tourist extension fees he missed for that period: roughly ₱25,000–45,000 Overstay fines and penalties (around ₱500 a month plus other charges): roughly ₱6,000–15,000 Motion for Reconsideration (BI often requires it for long overstays): about ₱500–3,000 ACR I-Card (alien registration card), new or renewed: about ₱3,000–4,000 That's about ₱40,000–75,000 in total (roughly US$700–1,300). BI will give you the exact amount when he goes in. It's usually expected all at once, so it helps to save up first. Just don't wait too long, because the total keeps growing. Can he keep extending after he pays? Usually, yes. The catch is that US citizens can generally stay as tourists for a maximum of about 36 months. Staying longer needs special approval from the BI Commissioner. He arrived in 2024, so he might hit that limit around 2027. There's also a small chance BI orders him to leave because the overstay was so long. That's less likely if he brings documents explaining why it happened. Bring proof of your situation: your diagnosis and hospital records, your baby's birth certificate listing him as the father, and anything showing he's your caregiver. BI can take humanitarian reasons into account, and yours are about as strong as they come. Long-term fix: if you're open to marrying, he can apply for a 13(a) visa as the spouse of a Filipino citizen. It starts as a one-year probationary visa and then becomes permanent residency. There's no 36-month limit, and he could even work legally. He can usually apply from inside the country once the overstay is settled. My advice: talk to a Philippine immigration lawyer before going to BI. Many charge reasonable flat fees for overstay cases, and they can file the paperwork and present your humanitarian situation properly. Go to the main office in Intramuros rather than a small satellite office. Also, if you haven't yet, register your baby's birth with the US Embassy (it's called a Consular Report of Birth Abroad, or CRBA). Your little one is probably a dual citizen. Wishing you strength with your health. You've got this. 💛

Just leave and come back
limitless66282

He'll be OK. Renew the ACR card, pay all the fees, and have him fly out for a month or two. When he comes back, just mention you have a kid, with proof. They'll let him in 100%. You have family.

Support and jabs
Biohacker55511

Sorry to hear about your diagnosis. You sound like a very strong and capable woman. All the best. 👍

0

Comments 0

Please log into write a comment.

Advice needed – overstay | SeeQee