Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Embassies & Consulates

Process - US Embassy in Manila for Certificate of Legal Capacity to Contract Marriage - HELP?
Find answers to your legal question.





Process - US Embassy in Manila for Certificate of Legal Capacity to Contract Marriage - HELP?

This question is mainly for those who have already been through the process.
Can someone please explain the process at the US Embassy for Certificate of Legal Capacity to Contract Marriage. Forms? Questions they may ask? Hours? Tips? My fiance' and I just really want a smooth IN & OUT experience at the Embassy. I already know what forms we need (but if you suggest more-GREAT!), just curious on the process.
Thank you so much in advance!


    




Yak Rider
Rating
The embassy's web site explains everything in great detail...

http://manila.usembassy.gov/wwwha009.html

Certificate of Legal Capacity to Contract Marriage

Any foreigner who wishes to marry in the Philippines is required by the Philippine Government to obtain from his/her Embassy a "Certificate of Legal Capacity to Contract Marriage" before filing an application for a marriage license. This certification affirms that there are no legal impediments to the foreigner marrying a Filipino (i.e, that the foreigner is already married to someone else). Unlike the Philippines, the U.S. Government does not keep a central statistical registry for births, marriages and deaths and cannot verify this information. Instead, the Philippine Government accepts an "Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage." Americans may execute this affidavit at the American Embassy in Manila or the U.S. Consular Agency in Cebu. Personal appearances of the American citizen applicant cannot be waived, but the fiance(e) need not be present. Philippine authorities will not accept any substitute document initiated in the United States.

Applicants may apply for the "Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage" at the Embassy's American Citizen Services Branch everyday from Monday through Friday from 8:00 - 10:00 am.(except Philippine and American holidays). The American must present his/her U.S. passport. There is a fee of $30.00 or its peso equivalent for the affidavit, payable in cash only.

The Affidavit is notarized by a U.S. consular officer. The consular officer can refuse to perform this service if the document will be used for a purpose patently unlawful, improper, or inimical to the best interest of the United States. Entering into a marriage contract with an alien strictly for the purpose of enabling entry to the United States for that individual is considered an unlawful act. Section 4221 of Title 22 United States Code provides penalties for individuals who commit perjury in an affidavit taken by a consular officer. BACK TO TOP




Additional Requirement for U.S. Military Personnel

U.S. military personnel should contact their personnel office regarding Department of Defense joint service regulations.





The Marriage Application Process

Once an American citizen has obtained from the Embassy an Affidavit in Lieu of a Certificate of Legal Capacity to Marry, he/she can file an application for a marriage license at the office of the Philippine Civil Registrar in the town or city where one of the parties is a resident. The license is a requirement for either a civil or church wedding in the Philippines. The U.S. citizen applicant will need to present:


the affidavit in lieu of a certificate of legal capacity to marry;
divorce decree(s) or death certificate(s) required to verify civil status and capacity to marry;
U.S. passport;
documentation regarding paternal consent or advice, if applicable.

A judge, a minister or any other person authorized by the Government of the Philippines can perform the marriage. Marriage applicants aged 18 to 21 must have written parental consent. Applicants aged 22 to 24 must have received parental advice. Philippine law prohibits the marriage of individuals under the age of 18.

Philippine law prescribes a ten-day waiting period from the filing of the application to the issuance of the marriage license. The license is valid for 120 days and may be used anywhere in the Philippines.

Marriage to a U.S. citizen confers neither citizenship nor an automatic eligibility for entry to the United States. If the U.S. citizen does not reside in the Philippines, the Petition for Immigrant Visa (I-130) must be filed through the Department of Homeland Security's Bureau of Citizenship and Immigration Services office in the United States or at DHS window 19 (8-11:00AM, 1-3:00PM) at the US Embassy .

Any questions about filing an immigrant visa petition to bring the spouse to the United States should be directed to the nearest office of Bureau of Citizenship and Immigration Services, the State Department's Visa Office (202) 663-1225 or, while in the Philippines, to the American Embassy in Manila. BACK TO TOP





Church Wedding Requirements

Note: A Catholic religious ceremony may be performed even without a civil ceremony and the marriage will still be considered legal in the Philippines. Other non-Catholic churches may require documents and/or seminars not specified below. To be sure, inquire with the church in which you plan to be married. The process below describes the general procedures for arranging a Catholic wedding in the Philippines. However, the policies and procedures of individual churches may vary.

1. Baptismal and Confirmation Certificates - required for both the bride and the groom. These documents must be new, be annotated: "FOR MARRIAGE PURPOSES ONLY", and have been obtained not more than three (3) months before the date of marriage;


For mixed marriage (different religions) -- a dispensation must be secured from the Parish Office which will be released after the canonical interview with the parish priest or his assistant. These have to be presented one week before the wedding.
2. Marriage License
For those who are first married in a civil ceremony, a certified true photocopy of the Marriage Contract with the registry number of the city or town where the marriage was performed must be submitted one week before the wedding date. How to obtain a civil marriage license. See also Obtaining Philippine Documents

3. Canonical Interview - The parish priest or his assistant will conduct an interview with the bride and the groom one month before the wedding date. The interview will be scheduled upon the signing of the application form.

4. Pre-Marriage Seminar - The seminar will be scheduled during the canonical interview or you may inquire at the parish office. Some churches will allow you to attend other pre-wedding seminars such as the Discovery Weekend or Catholic Engaged Encounter.

5. Permission - The bride must receive permission to marry from her parish, if the venue is in another parish.

6. Wedding Banns - The couple must post the schedule of their wedding in their respective parishes. These will be provided during the canonical interview and have to be immediately brought to the respective parishes of the bride and the groom for posting. These have to be returned to the office after three Sundays. (The respective parishes may ask some requirements for the posting of the banns i.e. a picture each from the bride and the couple.)

7. List of names and addresses of principal sponsors (Ninongs and Ninangs) - The list has to be submitted to the parish office one week before the wedding date. Church policy requires at least a pair of sponsors and, ideally, a maximum of six sponsors.

8. For widow or widower - A copy of the death certificate of the former spouse must be presented to the parish office.

9. For renewal of vows - remember to bring a copy of the Catholic Marriage Contract. BACK TO TOP


Civil Wedding

A couple who chooses to be married in a civil ceremony will need to apply for a marriage license. Once the license is obtained, they need to go to a judge or a mayor to administer the solemnization of the marriage. There is a ten-day waiting period from the date of the civil wedding before the issuance of the marriage contract. BACK TO TOP





Alternative to Marriage Abroad

Instead of the procedures presented above, it is possible to file a petition for an alien to enter the United States as the fiance(e) of an American citizen. This enables the parties to marry in the United States. American fiance(e)s should contact the US Bureau of Citizenship and Immigration Services office nearest their residence for further information or if in Manila, at DHS window 44 in the Immigrant Visa Section (8-11:00AM) at the US Embassy. BACK TO TOP






Where can I find additional information?

For general visa information, please see "Love and Marriage...and US Immigration"

Information about K-1("fiancee") or IR-1("spouse") visas is available from:

The U.S. Embassy's Immigrant Visa Information Call Center in Manila at 1-909-101-7878 (Monday through Friday, 8:00 am to 6:00 pm. Cost is about 53 pesos per minute). Callers in the USA can also contact the Call Center at 1-888-877-9888. There is a fee assessed to callers by the call center for its services; or
The U.S. State Department's National Visa Center in New Hampshire at (603) 334-0700.
Information about immigrant visa petitions is available from:
The DHS office at the U.S. Embassy in Manila, Window 19 (open Monday to Friday from 8:00 to 11:00 a.m. and 1:00 to 3:00 p.m.); or by phone at (632) 301-2000, Ext. 2224; or
The nearest office of the Bureau of Citizenship and Immigration Services in the United States; or
The U.S. State Department's National Visa Center in New Hampshire at (603) 334-0700.
Information regarding the "Affidavit in Lieu of a Certificate of Legal Capacity to contract Marriage" is available from:
The Embassy's American Citizen Services Unit at (632) 301-2000, Ext. 4106.
BACK TO TOP





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 Can I extend a schengen visa??
I have a scholarship for educational training for 6 months in Germany, I applied for a schengen visa for 90 days to renew the visa in Germany for the other 90 days, but in the embassy they said that I...


 How does one get diplomatic immunity?
How does one get diplomatic immunity? Can it be bestowed to anyone? How can a regular joe like me get it?
Additional Details
How can I become part of a diplomatic mission in another ...


 What do you have to study (in England) to become a diplomat/ambassador etc??
...


 How many days it take to get an unmarried certificate/ No Objection Certificate from Indian Embassy abroad?
Hi,

I intend to marry a foriegn girl from Russian continent. I have heard that now-a-days; unmarried certificate and No Objection Certificate is asked outside home country.

I ...


 Does the embassy will need to interview after taking medical exam?

Additional Details
Thanks.Im talking ablut visitors visa.I am now getting my medical exam done and worried if the embassy will still have to interview me after that.And I am also ...


 Self sworn affidavit?
what is self sworn ...


 What are the nationalities/authorities that are not recognised in the UK Visa approvals?
I'm married to British Citizen since one year and half and I'm pregnant with our first baby. Basically, I'm from one of the African countries that going through civil war and that ...


 Can I apply for passport online under tatkaal scheme?
I have logged into the website http://passport.nic.in There it is possible to apply online for a passport. It is not mentioned whether we can apply there for a passport under tatkaal scheme.? I ...


 French visa needed for studies under 90 days?
I'm going to France this summer for 2 months to study. Do I need a visa? I know being there under 90 days does not need a visa but there is an application for "studies under 90 days."...


 Should British Embassy in Singapore employed foreign security ?
Ref Phone no: 64244200
...


 Where is the post office address of royal mail here in manila?
i just want to know the local phone numbers of royal mail here in manila phillippines and the address here where i can found the royal mail ...


 I have UK and S.A. passports, UK under different surname to S.A.1, how can i book return flight when name diff
as the south african laws are that i cannot use my UK passport to leave or enter the country, only allowed to use the south african 1 for s.a. side, also i must have tickets for the plane that match ...


 Does anyone have the Address of the Europian office dealing with British?
childcases?...


 Can anyone tell me what's the economical, military, and bilateral and multilateral prob of brunei darussalam?
I really need that for my homework
thanks ...


 Please suggest email address of consulate general uk in Mumbai?
...


 Citizenship in Canada?
I am an American Citizen and was wondering how to go about becoming a citizen in Canada? What counts towards it? I have a clean background never been in trouble with the law. Will that help? What are ...


 Visitor Visa for parents?
Hi All,

I am on a Work Permit at Germany, I am married and my wife and kid will be joining soon. I would like my parents to accompany with them for few days. hence I would need visitors ...


 If I am under the two years home residency requirement can I go to the US earlier then in 2 years?
Hi! I have been to the US before on a J1 visa, through an exchange program fully supported by the US government. As a result, a two-years home residency requirement has been set to me. After ...


 TRAVEL QUESTION: I am a Polish citizen on H1B work visa in USA...?
I am a Polish citizen working in NYC with an H1B work Visa. I am in between jobs and was told not to travel outside of the United States for next few months but want to bring my visiting parents to C...


 Visa regulations?
am booked under 498a & b of indian penal code and am out on bail along with my family.can i apply for a uk/us visa and please inform the various reasons for visa rejections from the consulate....




Copyright (c) 2009-2011 Wiki Law 3k Sunday, May 27, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.754