Married In The Philippines

[sjr09 155]

I have a friend who did that but he is not a USC though. Thats why i said its not impossible to happen. Let's say he doesnt know the Embassy rules before marrying a Phil. Citizen, and they just went to the civil registry directly to file for a marriage licence. The Civil Registry will also require him to get an LCM. Before we get married in the Phils. I called the Civil Reg. in our town first to get all the requirements we need to file for a Marriage license. Yes you are right and as I also said, the Embassy will see it from their records that he didnt furnish this doc. BTW, we have our own opinion here.

Brettanne Can you Read?

Certificate of Legal Capacity to Contract Marriage

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

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

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

[sjr09 155]

I have a friend who did that but he is not a USC though. Thats why i said its not impossible to happen. Let's say he doesnt know the Embassy rules before marrying a Phil. Citizen, and they just went to the civil registry directly to file for a marriage licence. The Civil Registry will also require him to get an LCM. Before we get married in the Phils. I called the Civil Reg. in our town first to get all the requirements we need to file for a Marriage license. Yes you are right and as I also said, the Embassy will see it from their records that he didnt furnish this doc. BTW, we have our own opinion here.

Brettanne Can you Read?

Certificate of Legal Capacity to Contract Marriage

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

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

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

Brettanna what you did was to tell the OP to commit a crime dont post any more of your B.S.

[Brettanne 1]

Her mom works in the superior court of Bansalan which is her hometown and the court we got married at. If you need more info, please ask me. I'm desparate for some guidance. I'm trying to remain positive. Thank you all in advance.

We both know why he didnt get an LCM or why they didnt require him. What do you think they do? A special treatment, maybe? FYI Im not giving any idea here to do illegal. I just share what my friend did. Be polite pls.

Edited June 7, 2009 by Brettanne

[sjr09 155]

Her mom works in the superior court of Bansalan which is her hometown and the court we got married at. If you need more info, please ask me. I'm desparate for some guidance. I'm trying to remain positive. Thank you all in advance.

We both know why he didnt get an LCM or why they didnt require him. What do you think they do? A special treatment, maybe? FYI Im not giving any idea here to do illegal. I just share what my friend did. Be polite pls.

FYI BOLA yes you did. Stop whipping a dead horse your not going to win this argument!

[DouglasFiel 53]

IGNORANCE OF THE LAW DOES NOT PRECLUDE YOU FROM ENFORCEMENT!!!!!

Ok... Someone in the Philippine LCR made a mistake letting you apply for and receive a marriage certificate. That may come back to haunt you. Good news is you can apply for the I-130 and I-129f k3... With the LCR copy of the marriage certificate

In my case I had to wait 15 days after the local LCR forwarded theit copy of the marriage certificate to the regional office before I could get the NSO copy.

You will need the NSO copy once the NVC requests the DS-230 and supporting documentation or the Embassy requests it processing the I-129f k3.

My thoughts are if you get the NSO copy... You will probably never have a problem. If you have the opportunity to return to Manila. I would suggest you get the Legal Capacity to Contract Marriage Certificate in case anyone asks for it.

That is my two cents... Maybe only worth only one though... GOOD LUCK!!!

[sjr09 155]

Hello everyone. Last month in May(5/13-5/24) I went to the philippines to visit my fiancee for the first time. While I was there we decided to get married. We got married in am on the 24th, as I had to be there 10 days to legally process this. At the present we are awaiting our marriage contract so I can process the petition for her to be here in the USA. I just read something from another post about a "Legal Capacity to Contract Marriage", which I haven't an idea about this. Can someone help me to understand where i stand and what needs to be done at this point in order for us to be together? I really wish this was a whole lot easier. When do i file? What are the fees look like? PLEASE...what are the next steps? I miss her so much:(

If this is necessary, I visited Digos City, Davao del sur, in Mindanao. Her mom works in the superior court of Bansalan which is her hometown and the court we got married at. If you need more info, please ask me. I'm desparate for some guidance. I'm trying to remain positive. Thank you all in advance.

The way I see it you have 120 days to fix this call the US Embassy and see if you can go to some office in your state and do the form? or email the US embassy in manila?

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

Edited June 7, 2009 by sjr09

[sjr09 155]

Hello everyone. Last month in May(5/13-5/24) I went to the philippines to visit my fiancee for the first time. While I was there we decided to get married. We got married in am on the 24th, as I had to be there 10 days to legally process this. At the present we are awaiting our marriage contract so I can process the petition for her to be here in the USA. I just read something from another post about a "Legal Capacity to Contract Marriage", which I haven't an idea about this. Can someone help me to understand where i stand and what needs to be done at this point in order for us to be together? I really wish this was a whole lot easier. When do i file? What are the fees look like? PLEASE...what are the next steps? I miss her so much:(

If this is necessary, I visited Digos City, Davao del sur, in Mindanao. Her mom works in the superior court of Bansalan which is her hometown and the court we got married at. If you need more info, please ask me. I'm desparate for some guidance. I'm trying to remain positive. Thank you all in advance.

The Marriage Application Process

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

the affidavit in lieu of a certificate of legal capacity to marry;

divorce decree(s) or death certificate(s) required to verify civil status and capacity to marry;

U.S. passport;

documentation regarding paternal consent or advice, if applicable.

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

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

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

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

[sjr09 155]

IGNORANCE OF THE LAW DOES NOT PRECLUDE YOU FROM ENFORCEMENT!!!!!

Ok... Someone in the Philippine LCR made a mistake letting you apply for and receive a marriage certificate. That may come back to haunt you. Good news is you can apply for the I-130 and I-129f k3... With the LCR copy of the marriage certificate

In my case I had to wait 15 days after the local LCR forwarded theit copy of the marriage certificate to the regional office before I could get the NSO copy.

You will need the NSO copy once the NVC requests the DS-230 and supporting documentation or the Embassy requests it processing the I-129f k3.

My thoughts are if you get the NSO copy... You will probably never have a problem. If you have the opportunity to return to Manila. I would suggest you get the Legal Capacity to Contract Marriage Certificate in case anyone asks for it.

That is my two cents... Maybe only worth only one though... GOOD LUCK!!!

Sorry but they will need the LCR you can't skip it!

Edited June 7, 2009 by sjr09

[sunzetgirl 0]

Ok since the marriage is invalid, how about forgetting I-130/K-3 and go for K-1 instead? Anyone?

[sjr09 155]

IGNORANCE OF THE LAW DOES NOT PRECLUDE YOU FROM ENFORCEMENT!!!!!

Ok... Someone in the Philippine LCR made a mistake letting you apply for and receive a marriage certificate. That may come back to haunt you. Good news is you can apply for the I-130 and I-129f k3... With the LCR copy of the marriage certificate

In my case I had to wait 15 days after the local LCR forwarded theit copy of the marriage certificate to the regional office before I could get the NSO copy.

You will need the NSO copy once the NVC requests the DS-230 and supporting documentation or the Embassy requests it processing the I-129f k3.

My thoughts are if you get the NSO copy... You will probably never have a problem. If you have the opportunity to return to Manila. I would suggest you get the Legal Capacity to Contract Marriage Certificate in case anyone asks for it.

That is my two cents... Maybe only worth only one though... GOOD LUCK!!!

Sorry but they will need the LCR you can't skip it!

Look all of you Stop trying to circumvent the law or rules! Just fix it

[sjr09 155]

Ok since the marriage is invalid, how about forgetting I-130/K-3 and go for K-1 instead? Anyone?

the Doc are at NSO to late but, it'snot void at this point he needs to fix it

Edited June 7, 2009 by sjr09

[sjr09 155]

Ok since the marriage is invalid, how about forgetting I-130/K-3 and go for K-1 instead? Anyone?

the Doc are at NSO to late but, it'snot void at this point he needs to fix it

this is how it works I married in the Phil

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

the affidavit in lieu of a certificate of legal capacity to marry;

divorce decree(s) or death certificate(s) required to verify civil status and capacity to marry;

U.S. passport;

documentation regarding paternal consent or advice, if applicable.

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

After that:

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

My waiting time was longer then that this is so all the paper work gos to NSO and all docs are the check-out for past marriage/marriage US and Philippines. Then after that you will get a call from C.Reg. in the province of filing you go back and both of them sign it then you are married

[sjr09 155]

Ok since the marriage is invalid, how about forgetting I-130/K-3 and go for K-1 instead? Anyone?

the Doc are at NSO to late but, it'snot void at this point he needs to fix it

this is how it works I married in the Phil

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

the affidavit in lieu of a certificate of legal capacity to marry;

divorce decree(s) or death certificate(s) required to verify civil status and capacity to marry;

U.S. passport;

documentation regarding paternal consent or advice, if applicable.

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

After that:

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

My waiting time was longer then that this is so all the paper work gos to NSO and all docs are the check-out for past marriage/marriage US and Philippines. Then after that you will get a call from C.Reg. in the province of filing you go back and both of them sign it then you are married

[sjr09 155]

Ok since the marriage is invalid, how about forgetting I-130/K-3 and go for K-1 instead? Anyone?

the Doc are at NSO to late but, it'snot void at this point he needs to fix it

this is how it works I married in the Phil

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

the affidavit in lieu of a certificate of legal capacity to marry;

divorce decree(s) or death certificate(s) required to verify civil status and capacity to marry;

U.S. passport;

documentation regarding paternal consent or advice, if applicable.

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

After that:

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

My waiting time was longer then that this is so all the paper work gos to NSO and all docs are the check-out for past marriage/marriage US and Philippines. Then after that you will get a call from C.Reg. in the province of filing you go back and both of them sign it then you are married

one more thing we had a civil wed. at my wifes home a lady from the civil Reg. came to her home to verify the marriage.

so how did to OP get around the LCM? its a must any judge minister or civil Reg. would not have preformed the marriage? read the OP about mom working in court? hmmmmmmm...

[raquel_1208 1]

LCM is required by the Civil Registrar in the Philippines but is not required when you file I-130 or I-129f at USCIS or when the spouse has her interview in the embassy. There were instances that the spouse's family or relatives has "political influence" in the Civil Registrar office and they do not require LCM anymore. I know of someone who used to posts here in VJ who got married and was not required to submit it when they applied for a marriage license. His wife and kids are now in the US.

Since the OP is already married without obtaining LCM, in my opinion all they can do right now is wait for the NSO copy of their marriage certificate and file the petition. Once the petition is filed, the USCIS will do a background check on the USC petitioner and they will find out if he was free to marry before getting married in the Philippines and if he is capable of supporting his wife when he gets to the US.

This is just my 2 cents, file the petition and when it gets approve and has a schedule for interview the OP can go back in the Philippines and have the interview with his wife. If it were me, I will not ask my husband to come fly all the way back and spend money for plane tickets just for the LCM. The important thing that the embassy is looking for are proofs of bonafide relationship.