Marriage in Philippines

[ca_babe 129]

http://208.184.76.17...ing-family-code

http://www.noodls.co...8E7D2FD8165FE22

http://www.congress...._15/HB04368.pdf

Great job providing the correct answer!! I'll give you a cookie!

[ca_babe 129]

http://208.184.76.17...ing-family-code

http://www.noodls.co...8E7D2FD8165FE22

http://www.congress...._15/HB04368.pdf

I see that both the Senate and House have approved it. It still needs to be signed by the president before it becomes a law. I haven't seen it being signed yet but it's probably not going to take several months for it to be signed. Unless it's already signed and I just haven't seen the news about it yet.

[ca_babe 129]

Because the marriage, at the time, was still 'on the books' in the Philippines if Ms. Samson (a non-Filipino citizen) had attempted to remarry in the Philippines, she too could have been guilty of bigamy. This is why you need to have judicial recognition of the divorce decree.

From the links that Mimi and Gary had sent. The bill seeks this "Recognizes divorce obtained by the alien spouse in another country without the need to seek judicial recognition or enforcement of the foreign judicial decree of absolute divorce."

[Joshuaching 11]

I honestly wish that people that suggested using bribes and graft to bypass local laws were banned from this forum. All it does is cause problems for people that expect it to work and instead end up paying fines, facing bans, or losing their freedom (which happened to one of my wife's co-workers after trying to bribe an official in Manila). The number of people that use this forum is tiny compared to the actual number of people that seek immigration to the US, especially in the Philippines. Fewer people still would come forward about attempting to commit a crime and having it backfire.

If the local registrar wants to increase the time required for the posting it is likely for reasons close to heart for the locals. If your marriage is planned for a few months from now perhaps you can have your fiance move to Manila or Cebu. It only takes a couple of months to establish local residency and the larger cities are more likely to follow the established family code.

If you really cannot get the wedding done in three weeks and your job is so totalitarian that you can't request a few weeks of unpaid personal time it may be time to find a new line of employment.

Thanks Artisan. Honestly we have a lot of posters here advocating greasing some people's hand to get what they want. And yet these are the same people who complain that the Philippines is a corrupt country. First it started with the Spaniards, then the Chinese, Americans came next, and now we have all foreigners coming to the Philippines including the new comers - Koreans. Common folks, can't you follow rules and regulations for a change instead of advocating corruption?

If you think it's the Philippine government who would punish you for all this; guess again! It's the US Embassy Consulate Officers who'd put a hold on your petition if they find out that you've obtained documents in less than honest means. And that doesn't count the possibility of being banned to enter the Philippines for a period of time, or forever.

And for the medical exams at St. Lukes Medical clinic; do you think it's the hospital requiring all those strict Tuberculosis tests? Guess again because it's the US Government's requirement. I've heard so much about the TB tests being simply a bunch of BS, but I assure you that it's a strict requirement by the Center for Disease Control in the US. Your beneficiaries either come clean, or they don't get to immigrate.

So please, comply or risk problems in the immigration process. Itssaptoyou! Your choice..

[teddy k 35]

what is the cenomar

[Joshuaching 11]

what is the cenomar

CENOMAR is an acronym for Certificate of no marriage issued usually to a fiancee prior to getting married in the Philippines, or to prove to the US Embassy/Other embassies that the beneficiary of the petition is indeed "not married". Lately, petitioners are also being required this due to the embassies' unwillingness to issue "certification of ability to contract a marriage" to their citizens (if getting married, but not for K1 Visas). It's really a requirement being squeezed by the Philippine government because they've been under the gun for so long for "human trafficking" by guess who? The US Government.

[eternalcompanion 3]

Ok I see the new changes in the family law.

I know how to get a Consular Authentication Of Judical Divorce decree in US.

How do I use it to get NSO to fix my record so we can get CENOMAR for myself as required by civil registrar.

I swear this is so difficult finding correct answers. I call Philippine Consolute, they have no idea,

Any help is appreciated.

Why not secure a Cenomar first so you would know if your marriage is really recorded at the NSO. From there, you can start to look for solutions. If it is recorded, you can ask the NSO people what is the next move. If they cannot give you an answer, seek the advice of a lawyer. In my opinion, if your past marriage was recorded at the NSO and you were able to get married in other municipalities without the Cenomar, you will also submit a Cenomar later when you will have to file a petition for your wife.

But I am also thinking, your past marriage and divorce took place in the US and was just recorded at the NSO for passport purposes. I am not sure if the Philippine law has jurisdiction over your case. I will ask my Judge about your concern. I am working in a Family Court, we handle annulment and judicial recognition of foreign judgment and adoption cases.

I will post it here after I confer with the Judge and other lawyers about your case.

[Artisan 138]

From the links that Mimi and Gary had sent. The bill seeks this "Recognizes divorce obtained by the alien spouse in another country without the need to seek judicial recognition or enforcement of the foreign judicial decree of absolute divorce."

Yes, the bill does seek that change in the current law but has not yet passed all the steps required to go into effect. I was unable to locate any news that Aquino had signed House Bill 4368 into law. However the issue is not what is coming up in the next year or so, but what is currently on the books and typically enforced by the courts. Laws change all the time. A much older friend of mine was confused when I explained all the paperwork involved in getting a visa for my wife. He told me when he came home with a war bride all he had to do is show up at the POE with his wife at his side carrying a certified marriage certificate.

Many of the people in the local Filipino community have been talking about the likelihood of divorce being made legal in the Philippines given current trends after Malta dropped out of the club last year. Some are heartbroken and devastated that one of the last bastions of Catholicism is being threatened. Others welcome the change. I imagine that even if for some reason the bill doesn't get signed that eventually foreign divorce decrees will be more easily recognized in the Philippines. For now though it's best to just contact a lawyer and jump through the hoops.

[Christine n Carl 0]

Yes, the bill does seek that change in the current law but has not yet passed all the steps required to go into effect. I was unable to locate any news that Aquino had signed House Bill 4368 into law. However the issue is not what is coming up in the next year or so, but what is currently on the books and typically enforced by the courts. Laws change all the time. A much older friend of mine was confused when I explained all the paperwork involved in getting a visa for my wife. He told me when he came home with a war bride all he had to do is show up at the POE with his wife at his side carrying a certified marriage certificate.

Many of the people in the local Filipino community have been talking about the likelihood of divorce being made legal in the Philippines given current trends after Malta dropped out of the club last year. Some are heartbroken and devastated that one of the last bastions of Catholicism is being threatened. Others welcome the change. I imagine that even if for some reason the bill doesn't get signed that eventually foreign divorce decrees will be more easily recognized in the Philippines. For now though it's best to just contact a lawyer and jump through the hoops.

THank you all for your advise.

At this point we are at a brick wall.

I have talked to Philippine Embassy Consulate in LA, NSO office and Local Registry officials and no one can give us

an answer or process that will allow us to clear NSO and get married.

It is very disheartening to fiancee, family and myself.

All yourt comments are helpful; but very contradictory, with little exact details. So far I am unable to find a lawyer

in Ozamis City to talk to them. At this point I have no idea whom to contact neither does fiancee or there family.

I was so surprised that NSO gave us such a BS response " go to Manila city hall with divorce decree and marriage certificate and

ask there advise" this from the office that actually manages these same documents.

At this point we have no future and there is nothing more we can do. Family doews not want K1.

and there is nothing left for me to do as I have no one to call to get actual truthful information

on process as it seems both NSO and registry who controil this have no idea and thus we cannot get marriage certificate

from them. Also family said they will not allow her to move to another municipality. This wont fix anything anyways as

NSO records need to be fixed.

Thabnk you

[Artisan 138]

At this point we have no future and there is nothing more we can do. Family doews not want K1.

Don't be disheartened. You should travel on to the Philippines and see what you can get done in person. If you are not able to get married this trip it won't be the end of the world. If you get there and are able to get the NSO to set things straight fast enough you may be able to return to the US and go back a month or so later for the wedding. It will be more expensive that way, but no one ever claimed marrying someone overseas would be light on the wallet (outside the wedding itself which is SOOO much cheaper than in the US).

[GaryKO 49]

THank you all for your advise.

At this point we are at a brick wall.

I have talked to Philippine Embassy Consulate in LA, NSO office and Local Registry officials and no one can give us

an answer or process that will allow us to clear NSO and get married.

It is very disheartening to fiancee, family and myself.

All yourt comments are helpful; but very contradictory, with little exact details. So far I am unable to find a lawyer

in Ozamis City to talk to them. At this point I have no idea whom to contact neither does fiancee or there family.

I was so surprised that NSO gave us such a BS response " go to Manila city hall with divorce decree and marriage certificate and

ask there advise" this from the office that actually manages these same documents.

At this point we have no future and there is nothing more we can do. Family doews not want K1.

and there is nothing left for me to do as I have no one to call to get actual truthful information

on process as it seems both NSO and registry who controil this have no idea and thus we cannot get marriage certificate

from them. Also family said they will not allow her to move to another municipality. This wont fix anything anyways as

NSO records need to be fixed.

Thabnk you

You are making this way more complicated than what it is. Based on personal experience all you need is "Affidavit in Lieu of a Certificate of Legal Capacity to Marry" from US Embassy and citified copies of your divorce papers in order to get a marriage license in the Philippines. The problem is the Local Registrar may interpret the rules different. Normally the Philippines recognizes divorce by a foreigner, the Filipino ex-spouse is the one who needs to have the divorce recognized by Philippine courts in order for her to be free to remarry.

Normally there is a ten-day waiting period before the marriage license is issued by the registrar's office. In some instances the fiancée may apply in advance for the marriage license with the local civil registrar. The American citizen must then obtain the affidavit of legal capacity upon arrival in the Philippines and file it immediately with the civil registrar where the fiancée applied for the marriage license. A marriage license cannot be obtained by a fiancée without presence of the prospective spouse.

Some get confused about the marriage application and the marriage license, marriage applications are applied for all the time in the Philippines by only one of the parties because it may be almost impossible for one of them to travel to apply in person together, they only need to pick up the marriage license together. If one Local Registrar will not do that, then check with another municipality, all you need is a local address to apply for a marriage license.

Don't worry about NFO that is for Filipino citizens.

Edited November 24, 2012 by Mimi and Gary

[ca_babe 129]

All yourt comments are helpful; but very contradictory, with little exact details. So far I am unable to find a lawyer

in Ozamis City to talk to them. At this point I have no idea whom to contact neither does fiancee or there family.

I was so surprised that NSO gave us such a BS response " go to Manila city hall with divorce decree and marriage certificate and

ask there advise" this from the office that actually manages these same documents.

At this point we have no future and there is nothing more we can do. Family doews not want K1.

and there is nothing left for me to do as I have no one to call to get actual truthful information

on process as it seems both NSO and registry who controil this have no idea and thus we cannot get marriage certificate

from them.

Try calling this number below:

http://www.pao.gov.ph/25/List-of-Services

24/7 central office counselling via hotline : +(63-2)-9299436

You won't qualify for free legal services but you can ask for a referral for a lawyer in Ozamis City.

Your fiancee in Philippines should be the one to find out about this information as it's easier for her since she's in the Philippines. If she cannot figure out how things work in Philippines, think about how hard it is for her to assimilate at a foreign country.

[Christine n Carl 0]

Don't be disheartened. You should travel on to the Philippines and see what you can get done in person. If you are not able to get married this trip it won't be the end of the world. If you get there and are able to get the NSO to set things straight fast enough you may be able to return to the US and go back a month or so later for the wedding. It will be more expensive that way, but no one ever claimed marrying someone overseas would be light on the wallet (outside the wedding itself which is SOOO much cheaper than in the US).

Unfortuneatly I only get two weeks vacation in a year, no carryovers. his year was used visiting her. Ti do as you say would mean to wait another year before we could see each other or attempt marriage. Travel time alone is 4 days for Philippines combined both ways, so I cannot break it down into two trips and as per LCR I need a month to just meet marriage requirements, not counting

NSO issue.

[Christine n Carl 0]

You are making this way more complicated than what it is. Based on personal experience all you need is "Affidavit in Lieu of a Certificate of Legal Capacity to Marry" from US Embassy and citified copies of your divorce papers in order to get a marriage license in the Philippines. The problem is the Local Registrar may interpret the rules different. Normally the Philippines recognizes divorce by a foreigner, the Filipino ex-spouse is the one who needs to have the divorce recognized by Philippine courts in order for her to be free to remarry.

Normally there is a ten-day waiting period before the marriage license is issued by the registrar's office. In some instances the fiancée may apply in advance for the marriage license with the local civil registrar. The American citizen must then obtain the affidavit of legal capacity upon arrival in the Philippines and file it immediately with the civil registrar where the fiancée applied for the marriage license. A marriage license cannot be obtained by a fiancée without presence of the prospective spouse.

Some get confused about the marriage application and the marriage license, marriage applications are applied for all the time in the Philippines by only one of the parties because it may be almost impossible for one of them to travel to apply in person together, they only need to pick up the marriage license together. If one Local Registrar will not do that, then check with another municipality, all you need is a local address to apply for a marriage license.

Don't worry about NFO that is for Filipino citizens.

While I appreciate all posts, I do need legitimate responses not opinions that are not factual.

NSO not NFO

And please read Philippine law, to be married both participants must be legally able to marry..ie single.

The NSO is the official government office for records such as birth, death, marriage. As such if you cannot

get them to certify a marriage conducted in the Philippines, under Philippine law it is not legal.

While you may be able as you mention to find another local registrar who has not yet chosen to use CENOMARS, they must

register the marriage license with NSO to make it valid. Until I am not officially married by NSO recognition, no

marriage license will be validated and made legal by NSO.

I would be left in catch 22 back at beginning needing to get a laywer to straighten out NSO mess in courts.

I ask for legitimate answers for people who may have already been in this situation and found away through

it. Not someones opinion.

If you can prove what you say above, please do I will be sooo happy.

Send me contact information for NSO official who will validate that his office will

certify a marriage between a filipina and foriegner already in there system as married.

Seems funny they wont issue me a CENOMAR but will validate a marriage certificate therefor

saying we are legally single.

Also we have contacted 8 local registrars so far and they all say CENOMARS now required and all

applications require both applicants to apply in person before the 10 day (in Misamis Occidental for some reason it is 12 days) waiting period. It cannot be done remotely or by fiancee alone.

If so you have found one of the rare ones and I would like name of local registrar and phone number so we can explore that possibility.

Even the Cebu and Manila marriage application licensing process posted says the same thing.

So I am asking for legitimate solutions not peoples opinions.

Thank you.

[Christine n Carl 0]

Why not secure a Cenomar first so you would know if your marriage is really recorded at the NSO. From there, you can start to look for solutions. If it is recorded, you can ask the NSO people what is the next move. If they cannot give you an answer, seek the advice of a lawyer. In my opinion, if your past marriage was recorded at the NSO and you were able to get married in other municipalities without the Cenomar, you will also submit a Cenomar later when you will have to file a petition for your wife.

But I am also thinking, your past marriage and divorce took place in the US and was just recorded at the NSO for passport purposes. I am not sure if the Philippine law has jurisdiction over your case. I will ask my Judge about your concern. I am working in a Family Court, we handle annulment and judicial recognition of foreign judgment and adoption cases.

I will post it here after I confer with the Judge and other lawyers about your case.

Thank you but fiancee did goto NSO and I am in system as registered under a previous marriage

outside Philippines. They will not issue a CENOMAR.

We asked NSO they said maybe goto Manila City Hall and ask what to do.

I am not kidding...

Seems NSO do not even know how to deal with there own documents.