NBI AKA

[top_secret 2,414]

My understanding is that under Philippine law a married woman has an absolute right to use her husbands surname if she desires.  No legal process has to take place to change the name other than the marriage.  So even if her maiden name was used everywhere in the marriage certificate and everywhere else too, she still has an absolute legal right to use her husbands surname if she so desires.  So, proof of the marriage to Mr. Surname would constitute proof of the legal usage of the name Mrs. Surname without it being explicitly spelled out anywhere.  I imagine an Advisory on Marriage/CEMAR would be the most accepted proof of marriage in the Philippines.  Particularly in the case of an overseas wedding, assuming a Report of Marriage was previously filed so a Advisory on Marriage/CEMAR exists.  I'm guessing a Advisory on Marriage/CEMAR was asked for by the US also presumably that is no issue.  If you made it this far without filing a Repot of Marriage than the US marriage certificate would be your best proof.  The key being that proving the marriage exists proves the wife's absolute right (but not the obligation) to use the husbands surname in all legal maters.

Edited February 22, 2021 by top_secret

[DennisWaldron 124]

30 minutes ago, Hank_ said:

 

You never completed a Report Of Marriage with the Philippines consulate after you got married?

 

Did you bring a CENOMAR or CEMAR  to the interview?

No We never reported the marriage in Philippines.

 

We filled cr1 soon after she went back to Philippines without AP.

 

Yes She brought cenomar.

 

Thats why I'm finding it odd they asked for another NBI.

Thanks

[DennisWaldron 124]

25 minutes ago, top_secret said:

My understanding is that under Philippine law a married woman has an absolute right to use her husbands surname if she desires.  No legal process has to take place to change the name other than the marriage.  So even if her maiden name was used everywhere in the marriage certificate and everywhere else too, she still has an absolute legal right to use her husbands surname if she so desires.  So, proof of the marriage to Mr. Surname would constitute proof of the legal usage of the name Mrs. Surname without it being explicitly spelled out anywhere.  I imagine an Advisory on Marriage/CEMAR would be the most accepted proof of marriage in the Philippines.  Particularly in the case of an overseas wedding, assuming a Report of Marriage was previously filed so a Advisory on Marriage/CEMAR exists.  I'm guessing a Advisory on Marriage/CEMAR was asked for by the US also presumably that is no issue.  If you made it this far without filing a Repot of Marriage than the US marriage certificate would be your best proof.  The key being that proving the marriage exists proves the wife's absolute right (but not the obligation) to use the husbands surname in all legal maters.

They have not questioned the marriage.

We did not report it in the Philippines. 

 

They only asked for an AKA NBI with my last name.

Though she has never used it.

 

Thanks

[nelmagriffin 148]

Hi again,

I think Hank is right about that question of reporting marriage to the Philippine Embassy abroad. It is a law!

 

Report of Marriage is a process wherein the marriage solemnized / contracted abroad must be reported to the Civil Registrar of the Philippines through the Philippine Consulates/Embassies that have jurisdiction over the country / state the Filipino national is residing in. This requirement applicable to all Filipino Citizens who get married abroad. (“Law on Registry of Civil Status” / “Civil Registry Law” (Act No. 3753) ; EO No. 209 – The Family Code of the Philippines, Articles 23 & 26)

 

Report of Marriage forms are available for download on Philippines Consulates / Embassy websites. If you are applying through postal mail / courier, you have to have your ROM forms notarized. Also take note of the requirements you need to submit.

 

Read more about Report of Marriage here: Report of Marriage – A Philippine Government Requirement

Edited February 22, 2021 by nelmagriffin

[top_secret 2,414]

10 minutes ago, DennisWaldron said:

They have not questioned the marriage.

We did not report it in the Philippines. 

 Was her civil status listed as married or single on the original NBI Clearance? 

[DennisWaldron 124]

7 minutes ago, top_secret said:

 Was her civil status listed as married or single on the original NBI Clearance? 

Single

Her cenomar says no marriage record. 

[DennisWaldron 124]

23 minutes ago, nelmagriffin said:

Hi again,

I think Hank is right about that question of reporting marriage to the Philippine Embassy abroad. It is a law!

 

Report of Marriage is a process wherein the marriage solemnized / contracted abroad must be reported to the Civil Registrar of the Philippines through the Philippine Consulates/Embassies that have jurisdiction over the country / state the Filipino national is residing in. This requirement applicable to all Filipino Citizens who get married abroad. (“Law on Registry of Civil Status” / “Civil Registry Law” (Act No. 3753) ; EO No. 209 – The Family Code of the Philippines, Articles 23 & 26)

 

Report of Marriage forms are available for download on Philippines Consulates / Embassy websites. If you are applying through postal mail / courier, you have to have your ROM forms notarized. Also take note of the requirements you need to submit.

 

Read more about Report of Marriage here: Report of Marriage – A Philippine Government Requirement

Yes maybe.

But We literally filed cr1 months after married on a k1.

 

And they didnt say anything about single status on nbi & cenomar.

 

Just a NBI AKA with my last name. 

Thanks 

[MarryMe987654 244]

1 hour ago, DennisWaldron said:

Single

 

This might be the problem. 

Her NBI should have listed married because of the time of application, you guys are already married. Even though they did not say anything about the status on NBI, putting single on it makes it untrue.

 

Then the field for the husband's surname would make sense. In the AKA, it might make sense to use her married name even though she is not planning to change to her married name to satisfy the requirement.
 

The remark on CENOMAR is easier to explain as it is dependent on the marriage being reported for record-keeping.

Edited February 22, 2021 by MarryMe987654

[angeljolie 188]

11 hours ago, DennisWaldron said:

If so...is there a solution?

A possible solution is to go to NBI and present to them the 221g slip. When I was trying to get my NBI clearance to bear my AKAs, they wouldn't do it at first. They asked me for the letter/instruction that the US embassy handed to me after the interview. (I got my NBI clearance before I even got an interview date, but that's beside the point). Let her bring your marriage certificate too.

[Hank_ 9,174]

14 hours ago, DennisWaldron said:

No We never reported the marriage in Philippines.

 

We filled cr1 soon after she went back to Philippines without AP.

 

Yes She brought cenomar.

 

Thats why I'm finding it odd they asked for another NBI.

Thanks

 

I think that is where the rub comes in, every document from the Philippines lists her as a single person (never married).   By all accounts NBI has zero reasons to run an AKA for a married name as your wife is a single woman in their eyes..   

 

I would suggest to follow what angeljolie suggested; bring a copy of the 221g letter/email to NBI.   Bring a copy of the marriage certificate .. with this I don't expect NBI to accept and may then want to see a copy from PSA (this brings you back to ROM), so it may open another issue.

 

The embassy itself expected to see a CEMAR (Advisory of Marriage, Form 5) not a CENOMAR.   

 

Philippines has their system, and little to no option if you don't follow it.

 

***

ROM could have easily and quickly been completed after marriage .. process can be done by mail, takes 6-8 weeks for completion .. normally.

Edited February 23, 2021 by Hank_

[DennisWaldron 124]

Thank you all for the replies. 

 

Though they wouldn't entertain the idea of an aka with an alias she hasn't used, Today We were able to at least add my name as spouse. With copy of marriage certificate. 

 

The 221g says

AKA NBI "with husbands last name listed"

 

Will submit tomorrow.  I'll let you know how we make out.

 

Thanks again for the input 👍 

 

[Hank_ 9,174]

22 hours ago, DennisWaldron said:

Thank you all for the replies. 

 

Though they wouldn't entertain the idea of an aka with an alias she hasn't used, Today We were able to at least add my name as spouse. With copy of marriage certificate. 

 

The 221g says

AKA NBI "with husbands last name listed"

 

Will submit tomorrow.  I'll let you know how we make out.

 

Thanks again for the input 👍 

 

 

Hopefully that will solve the issue.   Looking forward to an update.   Thanks

[DennisWaldron 124]

On 2/24/2021 at 6:29 AM, Hank_ said:

 

Hopefully that will solve the issue.   Looking forward to an update.   Thanks

All went well.

Visa issued. 

 

Thanks 

[Hank_ 9,174]

2 hours ago, DennisWaldron said:

All went well.

Visa issued. 

 

Thanks 

 

Outstanding!!!

[Chancy 6,241]

11 hours ago, DennisWaldron said:

All went well.

Visa issued.

 

Thank you for the update and congratulations on the visa!  I had been following your post as my situation is similar to your wife's.  Married in the US.  Keeping my maiden name in my passport.  No ROM.  I'm glad it all worked out for you and your wife!