hte minister change our real wedding date when he filed our marriage certificate, and it really bother's us!!!

[chinese_mutt 11]

Zeth77 and Sojen, here are the laws under the Family Code of the Philippines (RA8533):

Art. 2. No marriage shall be valid, unless these essential requisites are present:

(1) Legal capacity of the contracting parties who must be a male and a female; and

(2) Consent freely given in the presence of the solemnizing officer.

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n)

The exceptions to the valid marriage license rule are:

Chapter 2. Marriages Exempted from License Requirement

Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a)

Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a)

Art. 29. In the cases provided for in the two preceding articles, the solemnizing officer shall state in an affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed in articulo mortis or that the residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar and that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of legal impediment to the marriage. (72a)

Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (75a)

Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a)

Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a)

Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a)

Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage. (76a)

*** *** ***

To Zeth77, I don't know how else to help you but to advice that you find an immigration lawyer to consult with. I'd have to say, find someone locally from the Philippines because the American lawyers would not know anything about our laws here, where you got married.

To Sojen, I have yet to confirm if any person can assail your marriage under the circumstances that you are in. I know that you don't have immigration problems BUT if for some reason your marriage is questioned by someone, say family member or just anybody who have ill will towards you, you may find yourself in deep sh*t by not having a legally binding marriage. Have to check with my friends about that... coz I'm not sure since there are tons of rules and laws about these things. For now, DO NOT worry or panic.

[chinese_mutt 11]

tngirl is right I just wanna share you our experience as I think that the problem that we had has "almost" the same prob as yours.

We decided to get married on the second visit of my husband in the PH on July,2006. We got married July 16, 2006 even though we don't have our Marriage License (it was actually still on process as we were waiting on the 10 day waiting period of the Municipal Hall). We had civil ceremony and reception at Max's Restaurant and all my relatives and loved ones were there. We were actually expecting to receive the Marriage License on the day that my husband will go back in the US (he will depart July 24th night time). Apparently, the PH Govt. declared July 24th a holiday (Gloria's SONA or State of the Nation's Address) on the July 23rd. The minister who married us called me on my cellphone and informed us about that on the night of July 23rd and he explained to us that the Municipal Hall can not release our Marriage License due to that holiday. My husband and I was so pissed specially when we can't reschedule his flight. We end up all sad because he needs to leave PH on the 24th plus we weren't legally married.

Feb. 2007, my husband came back to the PH to fix our papers. We end up starting from scratch again. We went to USEM to get Legal Capacity, submitted requirements and fill out Marriage License application and this time we made sure that we have enough time to fix our papers. I know, it cost us bunches of money again but at least we followed the law and we didn't submitted fake papers.

Now, our marriage date in our NSO Marriage Certificate is Feb. 23, 2007 and NOT July 16, 2006. At first I was scared about this confusion as our wedding receipts and wedding gift cards says July 16th and not Feb. 23. I was afraid that the CO might question us about this but my husband told me not to be afraid, just tell the truth and explain what happened. Hubby told me not to be afraid as we NEVER did submitted fake documents and we actually followed the legal way on how to get married. In case the CO ask me about the July 2006, I'll just be honest to them and tell them that it was the date of our wedding ceremony.

I am not trying to scared you or add more pressure on you but I think the CO might raise his/her eyebrows if he/she sees your marriage date. How can the 2 of you get married if your husband is not here in the PH? Your situation is complicated so if I am in your situation, I will hire a lawyer and file a complaint with that minister because of what he did and I don't him to have another victim. In regards with your papers, in case you marriage get nullified because of lack of Marriage License then I'll just take K1 route than CR1 to save money.

I am really wishing you all the best and may the Lord guide your path. I know how you feel as we almost had the same situation.

Pink, di ko lam may ganito ka pa lang istoryang tinatago! hehehe.

Uy! Maraming nabibiktimang ganito sa Pinas... tapos ang mahal pa ng singil nila.

Eh kung sa Regional Trial Court ka lang mag-papakasal, mga Php2000 mo may sukli pa... kasama na ung license dyan tska pamasahe ha!

Nakaka-inis ung mga kababayan natin dito, talagang pinag-kakakitaan nila ung mga foreigners. Alam mo ba pag-both local ung ikakasal Php2000 lang kasama na NSO copy na Marriage Cert, pero pag-isang foreigner... putiks... mahina Php15,000 discounted na daw yan!

Edited July 3, 2009 by tngirl21809

[o0pink0o 3]

tngirl is right I just wanna share you our experience as I think that the problem that we had has "almost" the same prob as yours.

We decided to get married on the second visit of my husband in the PH on July,2006. We got married July 16, 2006 even though we don't have our Marriage License (it was actually still on process as we were waiting on the 10 day waiting period of the Municipal Hall). We had civil ceremony and reception at Max's Restaurant and all my relatives and loved ones were there. We were actually expecting to receive the Marriage License on the day that my husband will go back in the US (he will depart July 24th night time). Apparently, the PH Govt. declared July 24th a holiday (Gloria's SONA or State of the Nation's Address) on the July 23rd. The minister who married us called me on my cellphone and informed us about that on the night of July 23rd and he explained to us that the Municipal Hall can not release our Marriage License due to that holiday. My husband and I was so pissed specially when we can't reschedule his flight. We end up all sad because he needs to leave PH on the 24th plus we weren't legally married.

Feb. 2007, my husband came back to the PH to fix our papers. We end up starting from scratch again. We went to USEM to get Legal Capacity, submitted requirements and fill out Marriage License application and this time we made sure that we have enough time to fix our papers. I know, it cost us bunches of money again but at least we followed the law and we didn't submitted fake papers.

Now, our marriage date in our NSO Marriage Certificate is Feb. 23, 2007 and NOT July 16, 2006. At first I was scared about this confusion as our wedding receipts and wedding gift cards says July 16th and not Feb. 23. I was afraid that the CO might question us about this but my husband told me not to be afraid, just tell the truth and explain what happened. Hubby told me not to be afraid as we NEVER did submitted fake documents and we actually followed the legal way on how to get married. In case the CO ask me about the July 2006, I'll just be honest to them and tell them that it was the date of our wedding ceremony.

I am not trying to scared you or add more pressure on you but I think the CO might raise his/her eyebrows if he/she sees your marriage date. How can the 2 of you get married if your husband is not here in the PH? Your situation is complicated so if I am in your situation, I will hire a lawyer and file a complaint with that minister because of what he did and I don't him to have another victim. In regards with your papers, in case you marriage get nullified because of lack of Marriage License then I'll just take K1 route than CR1 to save money.

I am really wishing you all the best and may the Lord guide your path. I know how you feel as we almost had the same situation.

Pink, di ko lam may ganito ka pa lang istoryang tinatago! hehehe.

Uy! Maraming nabibiktimang ganito sa Pinas... tapos ang mahal pa ng singil nila.

Eh kung sa Regional Trial Court ka lang mag-papakasal, mga Php2000 mo may sukli pa... kasama na ung license dyan tska pamasahe ha!

Nakaka-inis ung mga kababayan natin dito, talagang pinag-kakakitaan nila ung mga foreigners. Alam mo ba pag-both local ung ikakasal Php2000 lang kasama na NSO copy na Marriage Cert, pero pag-isang foreigner... putiks... mahina Php15,000 discounted na daw yan!

hehe, first time ko lang na ni-share to sa lahat lol! nakikisimpatya ako sa OP kasi mejo complicated yung situation nya saka dati gulong gulo din ako at nababanas sa nangyari sa amin lol! bukod sa magastos eh nakakahiya nmn sa side ko na alam ng mga tao na kasal na kami pero hindi papala legal Ang binayad namin sa nagkasal sa amin ay Php8000 aside pa dun sa Legal Capacity na nagastos namin. Nagsisi din ako nung una na sana pala ay ako na lang naglakad ng papers namin kasi wala pang 1K ang magagastos kung ako nag-ayos Ni-share ko lang yung naexperience ko baka sakali makatulong pero sobra talgang gastos. Naawa din ako sa asawa ko noh kasi kayod ng kayod saka sobrang lungkot namin nung naghiwalay kami ng hindi pa kasal

[chinese_mutt 11]

tngirl is right I just wanna share you our experience as I think that the problem that we had has "almost" the same prob as yours.

We decided to get married on the second visit of my husband in the PH on July,2006. We got married July 16, 2006 even though we don't have our Marriage License (it was actually still on process as we were waiting on the 10 day waiting period of the Municipal Hall). We had civil ceremony and reception at Max's Restaurant and all my relatives and loved ones were there. We were actually expecting to receive the Marriage License on the day that my husband will go back in the US (he will depart July 24th night time). Apparently, the PH Govt. declared July 24th a holiday (Gloria's SONA or State of the Nation's Address) on the July 23rd. The minister who married us called me on my cellphone and informed us about that on the night of July 23rd and he explained to us that the Municipal Hall can not release our Marriage License due to that holiday. My husband and I was so pissed specially when we can't reschedule his flight. We end up all sad because he needs to leave PH on the 24th plus we weren't legally married.

Feb. 2007, my husband came back to the PH to fix our papers. We end up starting from scratch again. We went to USEM to get Legal Capacity, submitted requirements and fill out Marriage License application and this time we made sure that we have enough time to fix our papers. I know, it cost us bunches of money again but at least we followed the law and we didn't submitted fake papers.

Now, our marriage date in our NSO Marriage Certificate is Feb. 23, 2007 and NOT July 16, 2006. At first I was scared about this confusion as our wedding receipts and wedding gift cards says July 16th and not Feb. 23. I was afraid that the CO might question us about this but my husband told me not to be afraid, just tell the truth and explain what happened. Hubby told me not to be afraid as we NEVER did submitted fake documents and we actually followed the legal way on how to get married. In case the CO ask me about the July 2006, I'll just be honest to them and tell them that it was the date of our wedding ceremony.

I am not trying to scared you or add more pressure on you but I think the CO might raise his/her eyebrows if he/she sees your marriage date. How can the 2 of you get married if your husband is not here in the PH? Your situation is complicated so if I am in your situation, I will hire a lawyer and file a complaint with that minister because of what he did and I don't him to have another victim. In regards with your papers, in case you marriage get nullified because of lack of Marriage License then I'll just take K1 route than CR1 to save money.

I am really wishing you all the best and may the Lord guide your path. I know how you feel as we almost had the same situation.

Pink, di ko lam may ganito ka pa lang istoryang tinatago! hehehe.

Uy! Maraming nabibiktimang ganito sa Pinas... tapos ang mahal pa ng singil nila.

Eh kung sa Regional Trial Court ka lang mag-papakasal, mga Php2000 mo may sukli pa... kasama na ung license dyan tska pamasahe ha!

Nakaka-inis ung mga kababayan natin dito, talagang pinag-kakakitaan nila ung mga foreigners. Alam mo ba pag-both local ung ikakasal Php2000 lang kasama na NSO copy na Marriage Cert, pero pag-isang foreigner... putiks... mahina Php15,000 discounted na daw yan!

hehe, first time ko lang na ni-share to sa lahat lol! nakikisimpatya ako sa OP kasi mejo complicated yung situation nya saka dati gulong gulo din ako at nababanas sa nangyari sa amin lol! bukod sa magastos eh nakakahiya nmn sa side ko na alam ng mga tao na kasal na kami pero hindi papala legal Ang binayad namin sa nagkasal sa amin ay Php8000 aside pa dun sa Legal Capacity na nagastos namin. Nagsisi din ako nung una na sana pala ay ako na lang naglakad ng papers namin kasi wala pang 1K ang magagastos kung ako nag-ayos Ni-share ko lang yung naexperience ko baka sakali makatulong pero sobra talgang gastos. Naawa din ako sa asawa ko noh kasi kayod ng kayod saka sobrang lungkot namin nung naghiwalay kami ng hindi pa kasal

oo mura lang talaga kung ikaw pupunta sa cityhall... ndi naman mahirap gawin kung may birthcert na tska legal capacity.

in fairness, nagising ung mga natutulog kong brain cells dahil sa post na ito. Humugot pa ko ng lakas para mag-buklat ng mga libro dito sa bahay! hehe.

Pero sana maayos ng OP ito, magulo itong pinasukan nila... kung ako ito makakapatay ako ng ministro!

[o0pink0o 3]

PS. Hindi naman sa tinatago kaya lang wala lang reason pra ibroadcast lol! except now na may taong nangailngan ng tulong. (hindi ko na maedit kaya PS na lang ) Ako nga din ay patulog na pero bigla akong nagising sa post na to hehe. Edited July 3, 2009 by o0pink0o

[o0pink0o 3]

Hi Zeth,

I just read your other post. I didn't know that you already filed your papers plus you are pregnant til i read your other post. Your case is very complicated. Sana maayos nyo ang lahat kahit nagkabuhol buhol na yung sitwasyon

[zeth77 0]

hi there!

its me again another problem to consult to all vjers member, hope u could give me an answer to this if this will be a problem to my status and what shall we do to this? this is our story, to make it short, we met online on sept, 2008 and then after 3 months he came here dec. 26, 2008 and then we got married DECEMBER 29, 2008 THATS OUR OFFICIAL WEDDING DAY! but before he came here i process all the papers that we need to get a marriage lincense permit here in our place, but we had left one requirments and thats is the legal capacity from the usem so in other words they didnt release the permit coz we still have one requirments left, but the wedding ceremony happen on the date that we set, and that was " DECEMBER 29, 2008 "....... AND WHAT BOTHER US IS THE MINISTER CHANGE OUR WEDDING WHEN HE FILED IT TO THE NSO AND THE DATE INSTEAD OF DECEMBER 29, 2008 HE CHANGE IT TO JANUARY 8, 2009! AND MY HUBBY BACK TO THE STATES AT JANUARY 1, 2009! AND THEN I HAVE ALREADY OUR MARRIAGE CONTRACT FROM THE NSO AND THE WEDDING DATE WAS JANUARY 8, 2009!

DO YOU THINK IT WILL GIVE US A PROBLEM WHEN I HAVE MY INTERVIEW FROM THE USEM? BUT IF THEY GOIN TO QUESTION US ABOUT THIS I WILL TELL THEM THE TRUTH, COZ THE MINISTER SAID HE WILL LOSE HIS LICENSE COZ WE GOT MARRIED EVEN THE REQUIRMENTS IS NOT YET COMPLETE, BUT WE HAD ALREADY LICENSE BUT THEY DIDNT GIVE IT TO US COZ WE STILL HAVE ONE LEFT, WE GET THAT LEGAL CAPACITY AFTER THE WEDDING, COZ IT WAS HOLIDAY WHEN MY HUBBY CAME HERE.

IS ANY ONE HERE WHO CAN GIVE US A COMMENT ABOUT OUR PROBLEM COZ IT REALLY BOTHER US A LOT!!!!

THANKS IN ADVANCE TO ALL WHO WILL GOIN TO GIVE US ADVICES.

MAY GODBLESS US ALL!!!!!

ZETH77

Our wedding was on the 8th of november but we were not able to complete the requirements on time so the our marriage certificate stated 11th of november. So I did make sure that the wedding pictures that I brought on the interview has no dates. You don't need to open this up to the CO, but if he will ask then that's the time you will explain. Kathryn41 has a good suggestion too to back you up.

If your marriage certificate states 8th of January, how are you resolving this issue on the I-130 petition...what date have you put on question 8 of the I-130 (Date and Place of marriage)? If you put December 29th, then its incorrect because the certificate states the 8th of January, so USCIS could question that discrepancy before even approving the I-130.

hi minya's wife!

yeah we followed the date that was written in our marriage contract and that was january 8, 2009. we did not put december 29. coz that was not written in the marriage contract that comes from the national statistic office here. and as u said when they interviewed u, you bring the picture's thats has no date on it, did the consul asked u about the your other wedding date and when your husband go back to the states? that was im thinking also and i will just tell them the real story if they goin to ask me about that. and yes we didnt complete the requirments before our wedding we just completed it after the wedding, but the local registry filed already our marriage license they just waiting for the one requirments that we need from my husband. thats why we got married on december 29.

thank you for your reply.

GODBLESS ALWAYS!!!

zeth77

[zeth77 0]

tngirl is right I just wanna share you our experience as I think that the problem that we had has "almost" the same prob as yours.

We decided to get married on the second visit of my husband in the PH on July,2006. We got married July 16, 2006 even though we don't have our Marriage License (it was actually still on process as we were waiting on the 10 day waiting period of the Municipal Hall). We had civil ceremony and reception at Max's Restaurant and all my relatives and loved ones were there. We were actually expecting to receive the Marriage License on the day that my husband will go back in the US (he will depart July 24th night time). Apparently, the PH Govt. declared July 24th a holiday (Gloria's SONA or State of the Nation's Address) on the July 23rd. The minister who married us called me on my cellphone and informed us about that on the night of July 23rd and he explained to us that the Municipal Hall can not release our Marriage License due to that holiday. My husband and I was so pissed specially when we can't reschedule his flight. We end up all sad because he needs to leave PH on the 24th plus we weren't legally married.

Feb. 2007, my husband came back to the PH to fix our papers. We end up starting from scratch again. We went to USEM to get Legal Capacity, submitted requirements and fill out Marriage License application and this time we made sure that we have enough time to fix our papers. I know, it cost us bunches of money again but at least we followed the law and we didn't submitted fake papers.

Now, our marriage date in our NSO Marriage Certificate is Feb. 23, 2007 and NOT July 16, 2006. At first I was scared about this confusion as our wedding receipts and wedding gift cards says July 16th and not Feb. 23. I was afraid that the CO might question us about this but my husband told me not to be afraid, just tell the truth and explain what happened. Hubby told me not to be afraid as we NEVER did submitted fake documents and we actually followed the legal way on how to get married. In case the CO ask me about the July 2006, I'll just be honest to them and tell them that it was the date of our wedding ceremony.

I am not trying to scared you or add more pressure on you but I think the CO might raise his/her eyebrows if he/she sees your marriage date. How can the 2 of you get married if your husband is not here in the PH? Your situation is complicated so if I am in your situation, I will hire a lawyer and file a complaint with that minister because of what he did and I don't him to have another victim. In regards with your papers, in case you marriage get nullified because of lack of Marriage License then I'll just take K1 route than CR1 to save money.

I am really wishing you all the best and may the Lord guide your path. I know how you feel as we almost had the same situation.

Pink, di ko lam may ganito ka pa lang istoryang tinatago! hehehe.

Uy! Maraming nabibiktimang ganito sa Pinas... tapos ang mahal pa ng singil nila.

Eh kung sa Regional Trial Court ka lang mag-papakasal, mga Php2000 mo may sukli pa... kasama na ung license dyan tska pamasahe ha!

Nakaka-inis ung mga kababayan natin dito, talagang pinag-kakakitaan nila ung mga foreigners. Alam mo ba pag-both local ung ikakasal Php2000 lang kasama na NSO copy na Marriage Cert, pero pag-isang foreigner... putiks... mahina Php15,000 discounted na daw yan!

hi!

korek ka dyan pag alam nilang foreigner tinataasan nila ang price grabe tlga! mga mukhang kwarta prang di mga kababayan kaya tuloy sa ibang bansa panget tingin nila sa mga pilipino eh! kaasar grrr....... kaya yan tuloy problema pa ako nito!!!!

thanks sa mga reply and avices nyo sakin i really appreciate it.

zeth77

[zeth77 0]

PS. Hindi naman sa tinatago kaya lang wala lang reason pra ibroadcast lol! except now na may taong nangailngan ng tulong. (hindi ko na maedit kaya PS na lang ) Ako nga din ay patulog na pero bigla akong nagising sa post na to hehe.

hi pink!

nagulantang ka ba sa post ko? hehehhe cenxa na ha na bother ko kayong lahat mas lalo ako nung nabasa ko ang mga messages nyong lahat sakin, sumisipa tuloy ng malakas ang baby ko hehhehe... na stress ata ako di joke lang yon.

but anyways thanks sa reply.

zeth77

[zeth77 0]

Hi zeth77!

I just have a couple of questions regarding your situation. You said you got married on December 29, 2008, did u sign a marriage contract on that same day? I am leaning towards the assumption that u did not coz like u said... u needed one more requirement from the US embassy right?! If your husband was back in the US on Jan 1, 2009.... when and how did he sign the marriage contract and when did ur husband get the permit from the US embassy? lastly, did your husband already file for I-130? If not, just put january 8, 2009 as ur "official wedding date" since this is whats indicated on your marriage contract. If he already filed for I-130, why did he put december 29, 2008 as your wedding date? unless ofcourse he doesnt know that the minister changed the date on your contract. But then again, he should have known coz he is suppose to sign the marriage contract right?

Im sorry if my post is a little confusing, I am confused with the situation myself. if u can put more details im sure a lot of VJ'ers will be able to give a very good advice.

Dont worry, magagawan ng paraan yan.

yes we did sign a marriage contract on the same day. yes a legal capacity thats only one left, and the embassy know's it already that we got married before we get the legal capacity. ngsign sya ng marriage contract nung dumating sya dito at syempre nung time na kinasal kami, at yong legal capacity sa usembassy namin yon kinuha december 30 after our wedding day. yes he filed already the I-130 form and we put january 8, coz that was written in our marriage contract that comes from the NSO here. and we both know that they will goin to change the date before it was filed to the local registry by the pastor who officiated our wedding ceremony. yes ofcourse my husband sign it infront of many witnesses around us.

uu nga na confuse din ako sa mga tanong mo eh, mas lalo tuloy ako naguluhan eh, hehehhe... joke! anways thanks sa reply ha.

I KNOW EVERYTHINGS WILL GONNA BE FINE, AT WLANG PROBLEM AND DI NARERESOLVE, AND I HAVE ALREADY A LAWYER SINCE BIRTH AND THAT WAS GOD, HE IS THE BEST LAWYER IN THE WORLD WHO KNOW'S EVERYTHING THAT'S WHY I LEAVE IT TO HIM ALL THIS THINGG....... AND GOD WILL MAKE A WAY. THANKS TO ALL VJ MEMBERS AND GODBLESS US ALWAYS TO OUR JOURNEY!!

I WILL POST UPDATE ABOUT MY PROBLEMS U'LL SEE EVERYTHING WILL GOES WELL!!!

ZETH77

[chinese_mutt 11]

Hi zeth77!

I just have a couple of questions regarding your situation. You said you got married on December 29, 2008, did u sign a marriage contract on that same day? I am leaning towards the assumption that u did not coz like u said... u needed one more requirement from the US embassy right?! If your husband was back in the US on Jan 1, 2009.... when and how did he sign the marriage contract and when did ur husband get the permit from the US embassy? lastly, did your husband already file for I-130? If not, just put january 8, 2009 as ur "official wedding date" since this is whats indicated on your marriage contract. If he already filed for I-130, why did he put december 29, 2008 as your wedding date? unless ofcourse he doesnt know that the minister changed the date on your contract. But then again, he should have known coz he is suppose to sign the marriage contract right?

Im sorry if my post is a little confusing, I am confused with the situation myself. if u can put more details im sure a lot of VJ'ers will be able to give a very good advice.

Dont worry, magagawan ng paraan yan.

yes we did sign a marriage contract on the same day. yes a legal capacity thats only one left, and the embassy know's it already that we got married before we get the legal capacity. ngsign sya ng marriage contract nung dumating sya dito at syempre nung time na kinasal kami, at yong legal capacity sa usembassy namin yon kinuha december 30 after our wedding day. yes he filed already the I-130 form and we put january 8, coz that was written in our marriage contract that comes from the NSO here. and we both know that they will goin to change the date before it was filed to the local registry by the pastor who officiated our wedding ceremony. yes ofcourse my husband sign it infront of many witnesses around us.

uu nga na confuse din ako sa mga tanong mo eh, mas lalo tuloy ako naguluhan eh, hehehhe... joke! anways thanks sa reply ha.

I KNOW EVERYTHINGS WILL GONNA BE FINE, AT WLANG PROBLEM AND DI NARERESOLVE, AND I HAVE ALREADY A LAWYER SINCE BIRTH AND THAT WAS GOD, HE IS THE BEST LAWYER IN THE WORLD WHO KNOW'S EVERYTHING THAT'S WHY I LEAVE IT TO HIM ALL THIS THINGG....... AND GOD WILL MAKE A WAY. THANKS TO ALL VJ MEMBERS AND GODBLESS US ALWAYS TO OUR JOURNEY!!

I WILL POST UPDATE ABOUT MY PROBLEMS U'LL SEE EVERYTHING WILL GOES WELL!!!

ZETH77

okay.. good luck kapatid. I'm sorry you got into this mess. i-daan mo na lang sa dasal na hindi makita ng CO ung exit date ng asawa mo. otherwise, malaking problema yan, illegal ung wedding nyo under the law. baka ma-ban ka pa dun sa US.

pero sige, idasal mo na lang yan ng mataaim-tim.

[sjr09 155]

hi there!

its me again another problem to consult to all vjers member, hope u could give me an answer to this if this will be a problem to my status and what shall we do to this? this is our story, to make it short, we met online on sept, 2008 and then after 3 months he came here dec. 26, 2008 and then we got married DECEMBER 29, 2008 THATS OUR OFFICIAL WEDDING DAY! but before he came here i process all the papers that we need to get a marriage lincense permit here in our place, but we had left one requirments and thats is the legal capacity from the usem so in other words they didnt release the permit coz we still have one requirments left, but the wedding ceremony happen on the date that we set, and that was " DECEMBER 29, 2008 "....... AND WHAT BOTHER US IS THE MINISTER CHANGE OUR WEDDING WHEN HE FILED IT TO THE NSO AND THE DATE INSTEAD OF DECEMBER 29, 2008 HE CHANGE IT TO JANUARY 8, 2009! AND MY HUBBY BACK TO THE STATES AT JANUARY 1, 2009! AND THEN I HAVE ALREADY OUR MARRIAGE CONTRACT FROM THE NSO AND THE WEDDING DATE WAS JANUARY 8, 2009!

DO YOU THINK IT WILL GIVE US A PROBLEM WHEN I HAVE MY INTERVIEW FROM THE USEM? BUT IF THEY GOIN TO QUESTION US ABOUT THIS I WILL TELL THEM THE TRUTH, COZ THE MINISTER SAID HE WILL LOSE HIS LICENSE COZ WE GOT MARRIED EVEN THE REQUIRMENTS IS NOT YET COMPLETE, BUT WE HAD ALREADY LICENSE BUT THEY DIDNT GIVE IT TO US COZ WE STILL HAVE ONE LEFT, WE GET THAT LEGAL CAPACITY AFTER THE WEDDING, COZ IT WAS HOLIDAY WHEN MY HUBBY CAME HERE.

IS ANY ONE HERE WHO CAN GIVE US A COMMENT ABOUT OUR PROBLEM COZ IT REALLY BOTHER US A LOT!!!!

THANKS IN ADVANCE TO ALL WHO WILL GOIN TO GIVE US ADVICES.

MAY GODBLESS US ALL!!!!!

ZETH77

Your wrong in two ways! The Minister is right!

You need to read befor you jump into things. 1st you need Affidavit of Legal Capacity to Contract Marriage the rules for marriage in the PI are diff. for you as the US citizen. Been there done that.

1. <LI type=A>Secure the Affidavit in lieu of Certificate of Legal Capacity to Contract Marriage from the American Service Branch of the U.S. Embassy in Manila or from the U.S. consulate in Cebu City. If both the bride and the groom are U.S. citizens, each one must obtain an Affidavit.

Apply for the marriage license at the Local Civil Registrar from the municipality where either the bride or the groom habitually resides. The documents necessary for the marriage license are:

1. the Affidavit for the U.S. citizen bride or groom

2. the death certificate or divorce decree which shows the termination of any previous marriage(s) of the bride and/or the groom

3. the birth, baptismal or residency certificate for the Filipino bride or groom, and

4. the parental consent or advice, if either party is under age.

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 maybe used anywhere in the Philippines.

[chinese_mutt 11]

hi there!

its me again another problem to consult to all vjers member, hope u could give me an answer to this if this will be a problem to my status and what shall we do to this? this is our story, to make it short, we met online on sept, 2008 and then after 3 months he came here dec. 26, 2008 and then we got married DECEMBER 29, 2008 THATS OUR OFFICIAL WEDDING DAY! but before he came here i process all the papers that we need to get a marriage lincense permit here in our place, but we had left one requirments and thats is the legal capacity from the usem so in other words they didnt release the permit coz we still have one requirments left, but the wedding ceremony happen on the date that we set, and that was " DECEMBER 29, 2008 "....... AND WHAT BOTHER US IS THE MINISTER CHANGE OUR WEDDING WHEN HE FILED IT TO THE NSO AND THE DATE INSTEAD OF DECEMBER 29, 2008 HE CHANGE IT TO JANUARY 8, 2009! AND MY HUBBY BACK TO THE STATES AT JANUARY 1, 2009! AND THEN I HAVE ALREADY OUR MARRIAGE CONTRACT FROM THE NSO AND THE WEDDING DATE WAS JANUARY 8, 2009!

DO YOU THINK IT WILL GIVE US A PROBLEM WHEN I HAVE MY INTERVIEW FROM THE USEM? BUT IF THEY GOIN TO QUESTION US ABOUT THIS I WILL TELL THEM THE TRUTH, COZ THE MINISTER SAID HE WILL LOSE HIS LICENSE COZ WE GOT MARRIED EVEN THE REQUIRMENTS IS NOT YET COMPLETE, BUT WE HAD ALREADY LICENSE BUT THEY DIDNT GIVE IT TO US COZ WE STILL HAVE ONE LEFT, WE GET THAT LEGAL CAPACITY AFTER THE WEDDING, COZ IT WAS HOLIDAY WHEN MY HUBBY CAME HERE.

IS ANY ONE HERE WHO CAN GIVE US A COMMENT ABOUT OUR PROBLEM COZ IT REALLY BOTHER US A LOT!!!!

THANKS IN ADVANCE TO ALL WHO WILL GOIN TO GIVE US ADVICES.

MAY GODBLESS US ALL!!!!!

ZETH77

Your wrong in two ways! The Minister is right!

You need to read befor you jump into things. 1st you need Affidavit of Legal Capacity to Contract Marriage the rules for marriage in the PI are diff. for you as the US citizen. Been there done that.

1. <LI type=A>Secure the Affidavit in lieu of Certificate of Legal Capacity to Contract Marriage from the American Service Branch of the U.S. Embassy in Manila or from the U.S. consulate in Cebu City. If both the bride and the groom are U.S. citizens, each one must obtain an Affidavit.

Apply for the marriage license at the Local Civil Registrar from the municipality where either the bride or the groom habitually resides. The documents necessary for the marriage license are:

1. the Affidavit for the U.S. citizen bride or groom

2. the death certificate or divorce decree which shows the termination of any previous marriage(s) of the bride and/or the groom

3. the birth, baptismal or residency certificate for the Filipino bride or groom, and

4. the parental consent or advice, if either party is under age.

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 maybe used anywhere in the Philippines.

Huh? What do you mean the minister is right? The minister tampered with their Marriage Certificate. The couple (OP) did not have any marriage license at the time they got married... therefore, both of them are wrong. First, she shouldn't have consented to the marriage without a license because under the law their marriage will be void from the beginning. Second, the minister is right only up to the point where he could not register the marriage under ec 29, 2008 for lack of valid marriage license. HOWEVER, he is also wrong because he shouldn't have agreed to solemnize the marriage without a license on December 29, 2008. BOTH parties may be penalized under the law; the minister may even face criminal charges and be locked up.

MOST couple can get away with the same marriage situation BECAUSE the US Citizen stayed in the Philippines either longer or up until the registered date of their Marriage. HOWEVER, the problem of the OP is that her husband went back to the USA 7 days earlier than what is in their marriage certificate. The registered Marriage Date of the OP is Jan 8, 2009 while her husband flew back to USA on January 1, 2009. Proxy marriage is not allowed in the Philippines, therefore if the CO catches this date discrepancy they may face willful misrepresentation charges and she will get a ban.

[chinese_mutt 11]

EDITED VERSION: (I tried to edit my post but it won't let me.)

Huh? What do you mean the minister is right? The minister tampered with their Marriage Certificate. The couple (OP) did not have any marriage license at the time they got married... therefore, both of them are wrong. First, she shouldn't have consented to the marriage without a license because under the law their marriage will be void from the beginning. Second, the minister is right only up to the point where he could not register the marriage under Dec 29, 2008 for lack of valid marriage license. HOWEVER, he is also wrong because he shouldn't have agreed to solemnize the marriage without a license on December 29, 2008. BOTH parties may be penalized under the law; the minister may even face criminal charges and be locked up.

MOST couple can get away with the same marriage situation BECAUSE the US Citizen stayed in the Philippines either longer or up until the registered date of their Marriage. HOWEVER, the problem of the OP is that her husband went back to the USA 7 days earlier than what is in their marriage certificate. The registered Marriage Date of the OP is Jan 8, 2009 while her husband flew back to USA on January 1, 2009. Proxy marriage is not allowed in the Philippines, therefore if the CO catches this date discrepancy they may face willful misrepresentation charges and she will get a ban.

However, this case is moot, the OP already said that she will just pray about it and not take any legal actions against the minister nor correct the mistakes that was done.

I'm not here to argue or be a know-it-all but it may cause confusion to other readers who may get the idea that what the OP and the minister did is legal. I repeat, this is ILLEGAL and if one of the parties later on decides to get out of the marriage (God forbid and I pray that this does not happen) the action for nullity of marriages that are Void Ab Initio (Void from the beginning) does not prescribe. MEANING: Any party may ask for the nullity of the marriage within their lifetime. If the couple is married for 40 years, and the husband decides he wants out, the marriage may be disolved by the court by merely proving that at the time he signed the marriage contract there was no valid marriage license or a marriage license was not yet issued by the local civil registrar. The effect is that there is no marriage to begin with and no marital laws will be protecting the aggravated party.

That's all.

[sjr09 155]

EDITED VERSION: (I tried to edit my post but it won't let me.)

Huh? What do you mean the minister is right? The minister tampered with their Marriage Certificate. The couple (OP) did not have any marriage license at the time they got married... therefore, both of them are wrong. First, she shouldn't have consented to the marriage without a license because under the law their marriage will be void from the beginning. Second, the minister is right only up to the point where he could not register the marriage under Dec 29, 2008 for lack of valid marriage license. HOWEVER, he is also wrong because he shouldn't have agreed to solemnize the marriage without a license on December 29, 2008. BOTH parties may be penalized under the law; the minister may even face criminal charges and be locked up.

MOST couple can get away with the same marriage situation BECAUSE the US Citizen stayed in the Philippines either longer or up until the registered date of their Marriage. HOWEVER, the problem of the OP is that her husband went back to the USA 7 days earlier than what is in their marriage certificate. The registered Marriage Date of the OP is Jan 8, 2009 while her husband flew back to USA on January 1, 2009. Proxy marriage is not allowed in the Philippines, therefore if the CO catches this date discrepancy they may face willful misrepresentation charges and she will get a ban.

However, this case is moot, the OP already said that she will just pray about it and not take any legal actions against the minister nor correct the mistakes that was done.

I'm not here to argue or be a know-it-all but it may cause confusion to other readers who may get the idea that what the OP and the minister did is legal. I repeat, this is ILLEGAL and if one of the parties later on decides to get out of the marriage (God forbid and I pray that this does not happen) the action for nullity of marriages that are Void Ab Initio (Void from the beginning) does not prescribe. MEANING: Any party may ask for the nullity of the marriage within their lifetime. If the couple is married for 40 years, and the husband decides he wants out, the marriage may be disolved by the court by merely proving that at the time he signed the marriage contract there was no valid marriage license or a marriage license was not yet issued by the local civil registrar. The effect is that there is no marriage to begin with and no marital laws will be protecting the aggravated party.

That's all.

Now I see the US citizen left befor the 10 days, you are right i'm wrong.

I know when I had my marriage We did a civil wedding at her home. I had to go back 10 days later and sign the papers at the Civil Reg.

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: