Any foreigner who wishes to marry in the Philippines is
required by the Philippine Government to obtain from
his/her Embassy an "Affidavit in Lieu of a Certificate
of Legal Capacity to Marry" before filing an application
for a marriage license. A citizen of the United States
may execute the affidavit at the American Embassy in
Manila. The American Embassy in Manila is located at
1201 Roxas Boulevard, Manila, the telephone number is
(63) (2) 521-7116, and the fax number is (63) (2)
522-4361. The American needs to present his/her U.S.
passport and proof of the termination of any prior
marriages (court certified copies of divorce degrees
or registrar certified copies of death certificates), if
applicable. There is a service fee of $30.00 for the
affidavit.
This affidavit is issued as a notarial act by the U.S.
Consular Officer and as such the consular officer is
authorized by Title 22 Code of Federal Regulations,
Section 92.9b, to refuse to perform the service if the
document in connection with which the notarial act is
requested will be used for a purpose patently unlawful,
improper, or inimical to the best interests of the
United States. Entering into a marriage with an alien
strictly for the purpose of gaining entry to the United
States for that individual is considered as an unlawful
act.
Section 4221 of Title 22 United States Code provides for
punishment of individuals who commit perjury in an
affidavit taken by a consular officer.
SPECIAL PROCEDURES FOR THOSE WHO HAVE NEVER MET THE
FIANCE/FIANCEE:
If you have never previously met your
fiance/fiancee, it may be advisable to take copies of
your written correspondence and telephone bills to
document the validity of your relationship to the
consular officer at the U.S. Embassy in Manila. This may
prevent refusal of the notarial service in connection
with the issuance of your Affidavit in Lieu of a
Certificate of Legal Capacity to Marry.
ADDITIONAL REQUIREMENT FOR U.S. MILITARY PERSONNEL::
U.S. military personnel stationed or visiting in the
Philippines should see their servicing military
personnel office regarding DOD joint service regulation
- Marriage in Oversea Command (Army Regulation 600-240,
BUPERUSCIST 1752.1, Air Force Regulation 211-18, and MCO
1752.1 for U.S. Marine Corps personnel). The affidavit
will be refused if proper military authorization is not
presented by U.S. military personnel.
THE MARRIAGE APPLICATION PROCESS::
Once the person has the affidavit, he/she can file the
application for a marriage license at the office of the
local Philippine Civil Registrar of the town or city
where one of the parties is a resident. The U.S. citizen
applicant will need to present the affidavit, death
certificate or divorce decree as mentioned above, U.S.
passport, and documentation regarding parental consent
or advice if applicable. Marriage applicants who are age
18 to 21 must have parental consent in writing, those
age 21 to 25 must have written parental advice (a
written indication that the parents are aware of the
couple's intent to marry). The revised Family Code of
the Philippines, which took effect on August 4, 1988,
prohibits marriage for individuals below the age of 18.
Normally there is a ten-day waiting period before the
marriage license is issued by the registrar's office. In
some instances the fiancee 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 fiancee
applied for the marriage license. A marriage license
cannot be obtained by a fiancee without presence of the
prospective spouse.
The marriage can be performed by a judge, justice of the
peace, priest, or minister of religion.
Marriage to a U.S. citizen confers neither
citizenship nor an automatic eligibility for entry to
the United States.
VISAS FOR THE SPOUSE:
The U.S. citizen must file a petition with the Bureau of
Citizenship and Immigration Services in the Department
of Homeland Security for an Immigrant Visa on behalf of
the foreign spouse. If you do not normally reside in the
Philippines, the Petition for Immigrant Visa (I-30) must
be filed for your spouse through the Bureau of
Citizenship and Immigration Services in the Department
of Homeland Security office in the United States closest
to your residence.
The visa process may take from three to six months or
more from the date of filing to the date of final
adjudication. Any questions about filing an immigrant
visa petition to bring the spouse to the United
States should be directed to the nearest office of the
Bureau of Citizenship and Immigration Services in the
Department of Homeland Security (check the U.S.
Government listings in your phone book), the State
Department's Visa Office (202) 663-1225 or, while in the
Philippines, to the American embassy in Manila.
ALTERNATIVE TO MARRIAGE ABROAD:
In lieu of the procedures presented above, it is
possible to file a fiancee visa petition for an alien to enter the
United States as the fiance/fiancee of an American
citizen thus enabling the parties to marry in the United
States. Note that this is only possible if you have
previously physically met your fiancé/fiancee. Contact
your nearest Bureau of Citizenship and Immigration
Services in the Department of Homeland Security office
for further information.
