Non-Quota Immigrant Visa by Marriage (13a)

To qualify for the 13(a) visa, you must meet several high-level eligibility criteria centered on your marital status and personal background:

• Valid Marriage: You must be legally married to a Philippine citizen. The marriage must be recognized under the Family Code of the Philippines. Because the Philippines does not currently recognize same-sex marriage, this pathway is only available to opposite-sex couples.
• Reciprocity: Your country of citizenship must have an agreement with the Philippines or allow Philippine citizens to become immigrants in your home country. Most countries meet this requirement, but the Bureau of Immigration (BI) maintains a list of restricted nationalities that may face additional hurdles.
• Financial Capacity: You must demonstrate that you have the financial means to support yourself and your family. You must prove you will not become a "public charge" (someone reliant on government assistance).
• Clean Record: You must have no derogatory record with the Philippine Bureau of Immigration, the National Bureau of Investigation (NBI), or international agencies like INTERPOL.
• Physical Presence: If you are applying for an "adjustment of status" (converting from a tourist visa while already inside the Philippines), you must be physically present in the country during the application and interview.
• Subsisting Marriage: The marriage must be "bona fide." If the BI determines the couple is legally married but living entirely separate lives, or if the marriage was entered into solely for immigration benefits, the visa will be denied.