CR1/IR1- Married in the US

[RandyandRina 2]

Hello to all VJ! I just have a question for a friend of mine. I hope you could help me find the right course of action.

Here's the situation:

A USC is married to a Filipina, currently has a pending petition for CR1 (I-130). They were married here in North Carolina, however the lovely Filipina wife is in Manila awaiting interview for CR1.

Here's my question:

(1) Does she need to register her marriage certificate from North Carolina to NSO in Manila? If so, how do we go about it? Or, should we just leave it the way it is, and that will be no problem with USEM? This question is brought about in preparation for her interview. We basically just wanted to make sure that when USEM runs a background check on her current status and sees that she has registered her NC marriage to the USC, they would be rest assured (no doubts or whatsoever) that it was a bonafide marriage.

(2)Will it be a problem that she is not using her married last name yet on any of her documents such as passport, I-130 application, etc? Most likely change it after all the immigration process and gets here in the US.

I am pretty sure that there will be more question after I hear your opinions, thoughts and suggesttions.

Thank you in advance!

~ Rina

[BrianElla 0]

Hello to all VJ! I just have a question for a friend of mine. I hope you could help me find the right course of action.

Here's the situation:

A USC is married to a Filipina, currently has a pending petition for CR1 (I-130). They were married here in North Carolina, however the lovely Filipina wife is in Manila awaiting interview for CR1.

Here's my question:

(1) Does she need to register her marriage certificate from North Carolina to NSO in Manila? If so, how do we go about it? Or, should we just leave it the way it is, and that will be no problem with USEM? This question is brought about in preparation for her interview. We basically just wanted to make sure that when USEM runs a background check on her current status and sees that she has registered her NC marriage to the USC, they would be rest assured (no doubts or whatsoever) that it was a bonafide marriage.

(2)Will it be a problem that she is not using her married last name yet on any of her documents such as passport, I-130 application, etc? Most likely change it after all the immigration process and gets here in the US.

I am pretty sure that there will be more question after I hear your opinions, thoughts and suggesttions.

Thank you in advance!

~ Rina

she MUST register her Marriage here in the Philippines and if she wont do that she will have a problem later on because the US embassy do ran a background check at the NSO.

Hope this could help click here (Marriage LAw in the Philippines)

Edited August 30, 2007 by BrianElla

[RandyandRina 2]

Thanks!

How do we go about it? Do we just go to NSO and register the North Carolina Marriage Certificate? Will NSO acknowledge that with no problem?

God bless.

[michael_nc 0]

Hello to all VJ! I just have a question for a friend of mine. I hope you could help me find the right course of action.

Here's the situation:

A USC is married to a Filipina, currently has a pending petition for CR1 (I-130). They were married here in North Carolina, however the lovely Filipina wife is in Manila awaiting interview for CR1.

Here's my question:

(1) Does she need to register her marriage certificate from North Carolina to NSO in Manila? If so, how do we go about it? Or, should we just leave it the way it is, and that will be no problem with USEM? This question is brought about in preparation for her interview. We basically just wanted to make sure that when USEM runs a background check on her current status and sees that she has registered her NC marriage to the USC, they would be rest assured (no doubts or whatsoever) that it was a bonafide marriage.

(2)Will it be a problem that she is not using her married last name yet on any of her documents such as passport, I-130 application, etc? Most likely change it after all the immigration process and gets here in the US.

I am pretty sure that there will be more question after I hear your opinions, thoughts and suggesttions.

Thank you in advance!

~ Rina

she MUST register her Marriage here in the Philippines and if she wont do that she will have a problem later on because the US embassy do ran a background check at the NSO.

Hope this could help click here (Marriage LAw in the Philippines)

I read the "Marriage Law in the Philippines", but it's about marrying in the Phils...I understand that's what you do in the Phils...But she wasn't married in the Phils...She was married in the US...why does she have to register her certificate there?

[BrianElla 0]

Thanks!

How do we go about it? Do we just go to NSO and register the North Carolina Marriage Certificate? Will NSO acknowledge that with no problem?

God bless.

The report would normally be filed with the Philippine Embassy in USA immediately after marriage. Since the report wasn't filed at that time, she will file a Late Report of Marriage Abroad when she renews her passport. The Late Report will be included with the passport application as a supporting document.The requirements for a late Report of Marriage Abroad are HERE

Edited August 30, 2007 by BrianElla

[michael_nc 0]

Thanks!

How do we go about it? Do we just go to NSO and register the North Carolina Marriage Certificate? Will NSO acknowledge that with no problem?

God bless.

The report would normally be filed with the Philippine Embassy in USA immediately after marriage. Since the report wasn't filed at that time, she will file a Late Report of Marriage Abroad when she renews her passport. The Late Report will be included with the passport application as a supporting document.The requirements for a late Report of Marriage Abroad are HERE

I will have to check with the city to find out if they "automatically" forward marriage licenses to the appropiate embassy..If it has been forwarded, then it could possibly show up at NSO on the CENOMAR, but most likely it won't...So I'm in a predicament

[BrianElla 0]

I read the "Marriage Law in the Philippines", but it's about marrying in the Phils...I understand that's what you do in the Phils...But she wasn't married in the Phils...She was married in the US...why does she have to register her certificate there?

if she fills out any official forms that request information on marriages and fails to report the marriage in North Carolina, she may be subject to legal penalties for putting false information in the form. So when this situation arises she would report the marriage on the form and file the paperwork to report the marriage.

International legal tangles can get really messy since the governments rarely have procedures to allow their court systems to exchange records.

Edited August 30, 2007 by BrianElla

[michael_nc 0]

I read the "Marriage Law in the Philippines", but it's about marrying in the Phils...I understand that's what you do in the Phils...But she wasn't married in the Phils...She was married in the US...why does she have to register her certificate there?

if she fills out any official forms that request information on marriages and fails to report the marriage in North Carolina, she may be subject to legal penalties for putting false information in the form. So when this situation arises she would report the marriage on the form and file the paperwork to report the marriage.

International legal tangles can get really messy since the governments rarely have procedures to allow their court systems to exchange records.

Ok...What if I go to the Phils in 2 weeks and get married there?....Would this help?...I would then have cerified marriage..Of course I'd get the Legal Capacity to Marry form beforehand....Would this help my situation with an upcoming interview and the background checks, etc..

[Pinay Wife 47]

I read the "Marriage Law in the Philippines", but it's about marrying in the Phils...I understand that's what you do in the Phils...But she wasn't married in the Phils...She was married in the US...why does she have to register her certificate there?

if she fills out any official forms that request information on marriages and fails to report the marriage in North Carolina, she may be subject to legal penalties for putting false information in the form. So when this situation arises she would report the marriage on the form and file the paperwork to report the marriage.

International legal tangles can get really messy since the governments rarely have procedures to allow their court systems to exchange records.

Michael, your observation is correct. The law that was linked is not related to your situation.

BrianElla, Michael’s wife has already been approved as “spouse” which means that their North Carolina marriage certificate was accepted by the USCIS as a proper evidence of their marriage.

The fact that the wife’s Cenomar would show that she was never married will not affect her interview. The Cenomar only shows that the NSO (or the Philippine side) does not have any record of her marriage. The American side, however, would show her status as married. That marriage is recognized by both the US and Philippine governments even if NSO does not have a record of her marriage certificate.

It is not imperative upon Filipino citizens to report their marriage abroad to the Philippine Embassy although this is a requirement if one is to renew a passport.

There is a protocol to follow with regard to exchanging information between two sovereign nations. One of them is through their respective embassies. Therefore, if Michael’s wife wants to report her North Carolina marriage, she must do so through the Philippine Embassy. It is then the responsibility of the Phil. Embassy to report the marriage to the appropriate Philippine agencies like the NSO, the DFA, etc. etc. She definitely cannot go to NSO with a US marriage certificate and have it registered. She has to go through "protocol".

Ok...What if I go to the Phils in 2 weeks and get married there?....Would this help?...I would then have cerified marriage..Of course I'd get the Legal Capacity to Marry form beforehand....Would this help my situation with an upcoming interview and the background checks, etc..

Michael, you do not need to go the Philippines to marry her again. That would only mess up everything. Your wife’s petition was approved based on the marriage that was celebrated in North Carolina. As I’ve said above, even if your wife’s Cenomar turns out that she was never married, it is moot and academic because embassy has evidence that she is married to you already. They definitely will not do a background check just to prove she is single when it is already proven that she is married through the marriage certificate that you submitted.

(1) Does she need to register her marriage certificate from North Carolina to NSO in Manila? If so, how do we go about it? Or, should we just leave it the way it is, and that will be no problem with USEM? This question is brought about in preparation for her interview. We basically just wanted to make sure that when USEM runs a background check on her current status and sees that she has registered her NC marriage to the USC, they would be rest assured (no doubts or whatsoever) that it was a bonafide marriage.

(2)Will it be a problem that she is not using her married last name yet on any of her documents such as passport, I-130 application, etc? Most likely change it after all the immigration process and gets here in the US.

1) A marriage that was celebrated in the US is recognized by both the US and Philippine government so there should be no problem at the embassy during interview even if it is not registered at the NSO.

The background check on singleness will only affect those who lied about their civil status i.e. those who report themselves as single but who are actually married. In your friend's case, she is applying as a married individual who is actually providing the embassy the proof that she is married by presenting her North Carolina marriage certificate.

2) It is okay if she is not yet using her married name. The most important thing is that the name in the petition matches the name of the person who will be applying for the visa and that it also matches all of her proof of identification. Embassy realizes that it takes time to change to married name. She may also opt to put her married name in the "OTHER NAMES USED" box in the visa application form.

I will have to check with the city to find out if they "automatically" forward marriage licenses to the appropiate embassy..If it has been forwarded, then it could possibly show up at NSO on the CENOMAR, but most likely it won't...So I'm in a predicament

It is up to the Filipino citizen to register her marriage abroad with the Philippine Embassy. In your case and for purposes of your wife's visa interview, it is ok even if the marriage has not been reported to the Philippine Embassy yet. You can do that later when your wife is back in NC.

[Pinay Wife 47]

Ok...What if I go to the Phils in 2 weeks and get married there?....Would this help?...I would then have cerified marriage..Of course I'd get the Legal Capacity to Marry form beforehand....Would this help my situation with an upcoming interview and the background checks, etc..

Definitely will not work. Embassy will not give you a Legal Capacity to Marry because you are already married (to your wife whom you plan to marry again!)

[BrianElla 0]

I read the "Marriage Law in the Philippines", but it's about marrying in the Phils...I understand that's what you do in the Phils...But she wasn't married in the Phils...She was married in the US...why does she have to register her certificate there?

if she fills out any official forms that request information on marriages and fails to report the marriage in North Carolina, she may be subject to legal penalties for putting false information in the form. So when this situation arises she would report the marriage on the form and file the paperwork to report the marriage.

International legal tangles can get really messy since the governments rarely have procedures to allow their court systems to exchange records.

Michael, your observation is correct. The law that was linked is not related to your situation.

BrianElla, Michael’s wife has already been approved as “spouse” which means that their North Carolina marriage certificate was accepted by the USCIS as a proper evidence of their marriage.

The fact that the wife’s Cenomar would show that she was never married will not affect her interview. The Cenomar only shows that the NSO (or the Philippine side) does not have any record of her marriage. The American side, however, would show her status as married. That marriage is recognized by both the US and Philippine governments even if NSO does not have a record of her marriage certificate.

It is not imperative upon Filipino citizens to report their marriage abroad to the Philippine Embassy although this is a requirement if one is to renew a passport.

There is a protocol to follow with regard to exchanging information between two sovereign nations. One of them is through their respective embassies. Therefore, if Michael’s wife wants to report her North Carolina marriage, she must do so through the Philippine Embassy. It is then the responsibility of the Phil. Embassy to report the marriage to the appropriate Philippine agencies like the NSO, the DFA, etc. etc. She definitely cannot go to NSO with a US marriage certificate and have it registered. She has to go through "protocol".

Ok...What if I go to the Phils in 2 weeks and get married there?....Would this help?...I would then have cerified marriage..Of course I'd get the Legal Capacity to Marry form beforehand....Would this help my situation with an upcoming interview and the background checks, etc..

Michael, you do not need to go the Philippines to marry her again. That would only mess up everything. Your wife’s petition was approved based on the marriage that was celebrated in North Carolina. As I’ve said above, even if your wife’s Cenomar turns out that she was never married, it is moot and academic because embassy has evidence that she is married to you already. They definitely will not do a background check just to prove she is single when it is already proven that she is married through the marriage certificate that you submitted.

(1) Does she need to register her marriage certificate from North Carolina to NSO in Manila? If so, how do we go about it? Or, should we just leave it the way it is, and that will be no problem with USEM? This question is brought about in preparation for her interview. We basically just wanted to make sure that when USEM runs a background check on her current status and sees that she has registered her NC marriage to the USC, they would be rest assured (no doubts or whatsoever) that it was a bonafide marriage.

(2)Will it be a problem that she is not using her married last name yet on any of her documents such as passport, I-130 application, etc? Most likely change it after all the immigration process and gets here in the US.

1) A marriage that was celebrated in the US is recognized by both the US and Philippine government so there should be no problem at the embassy during interview even if it is not registered at the NSO.

The background check on singleness will only affect those who lied about their civil status i.e. those who report themselves as single but who are actually married. In your friend's case, she is applying as a married individual who is actually providing the embassy the proof that she is married by presenting her North Carolina marriage certificate.

2) It is okay if she is not yet using her married name. The most important thing is that the name in the petition matches the name of the person who will be applying for the visa and that it also matches all of her proof of identification. Embassy realizes that it takes time to change to married name. She may also opt to put her married name in the "OTHER NAMES USED" box in the visa application form.

I will have to check with the city to find out if they "automatically" forward marriage licenses to the appropiate embassy..If it has been forwarded, then it could possibly show up at NSO on the CENOMAR, but most likely it won't...So I'm in a predicament

It is up to the Filipino citizen to register her marriage abroad with the Philippine Embassy. In your case and for purposes of your wife's visa interview, it is ok even if the marriage has not been reported to the Philippine Embassy yet. You can do that later when your wife is back in NC.

Thank you and Pardon me, and I hope the OP has found the information he/she was seeking.

[eau_xplain 2]

I will have to check with the city to find out if they "automatically" forward marriage licenses to the appropiate embassy..If it has been forwarded, then it could possibly show up at NSO on the CENOMAR, but most likely it won't...So I'm in a predicament

Michael, the city/county does not forward marriage licenses automatically.

We were married in NC too and we went to the US Embassy in Washington D.C. to file my Report of Marriage. We did this since I also applied to have my passport show my married name. If your wife can get it done in the Philippines, then she should do so.

[Pinay Wife 47]

If your wife can get it done in the Philippines, then she should do so.

The US marriage certificate, while valid, cannot be registered directly with the NSO without proper endorsement from the Philippine Embassy or DFA. A US marriage certificate is a document issued by another country hence there is a protocol to follow.

[michael_nc 0]

If your wife can get it done in the Philippines, then she should do so.

The US marriage certificate, while valid, cannot be registered directly with the NSO without proper endorsement from the Philippine Embassy or DFA. A US marriage certificate is a document issued by another country hence there is a protocol to follow.

Thanks to everyone for your responses. I do appreciate all of them.

After further review, this is what I have decided to do.

I am going to continue on towards the CR-1 interview. We will have the CENOMAR document, but will not submit it, because we're already married. The Philippine law does not require a couple to register a marriage that took place abroad, so we won't have to worry about that part. No need to file a document about a late marriage. We also won't worry about having an authenticated marriage certificate. If at some point in the future we want to do it, we can. She is going to continue using her maiden name, since that is the name on all the petitions, passport and marriage license. In the state of NC, you are not required to change your name. We were legally married in the US and, once my wife enters the US Embassy compound she will be on American soil. So, any certified marriage license from the state/county that she was married in will be acceptable to the US consulate. Both my I-130 & I-129F were approved with the same documents that she will have at her interview. As far as the NBI/Police background check, there will not be any outstanding warrants or such.

So, based on all that I am good to go!!!...

thanks to all

[Pinay Wife 47]

We also won't worry about having an authenticated marriage certificate.

Yes, no worries about an "authenticated" marriage certificate. An authenticated one is required if you were married in the Philippines because of the prevalence of fake documents in our country. A marriage certificate issued by a US county or city is as good as the paper it is written on so no authentication is required.