News from Filipina Fiancee Visa Service Vol.11
"Bringing your bride to your side"
Filipina Fiancee Visa Newsletter
11/15/2008 Vol.11
Preparing for your Visa Interview

Apply in a timely manner!

Section 203(g) of the Immigration and Nationality Act requires intending immigrants to pursue their visa applications within one year from the date they are given official notice to apply for an immigrant visa. The packet that comes with the appointment letter serves as the official notice that the application process must be started. If a beneficiary of a petition fails to act on this notice within a year, the visa petition is terminated and the beneficiary’s case file is purged.

To remain informed about the availability of visa numbers, petitioners, beneficiaries and their legal representatives should periodically check information available from the Department of State in its Visa Bulletin and from other sources that address immigration issues. Petitioners, beneficiaries and their legal representatives are responsible for providing current and accurate addresses to NVC and the Embassy to ensure that correspondence regarding visa petitions reaches beneficiaries in time.

Derivative family members may apply for visas at the same time as the principal applicant or may apply at a later date to “follow-to-join” (FTJ) the principal applicant. For FTJ applicants, the Embassy will need to ascertain the status of the principal applicant to determine the eligibility of the derivative family members to join their principal. FTJ applicants of a principal with a K visa must be issued their visas within one year from the date the K visa was issued to the principal applicant parent. K derivatives must therefore apply for visas in a timely manner to ensure visa issuance within the required period.

But don’t book your airline tickets!

Applicants are advised not to finalize their travel arrangements, dispose of their property, or give up their jobs until they have been issued visas. Quitting a job, leaving school, selling property and/or closing bank accounts prior to visa issuance may be risky. In some cases an application may be delayed for months or years.

Some applicants may find the Immigrant Visa application and interview process difficult and confusing, although most are able to complete the process on their own. Choose a consultant or agent carefully if you feel you need one to assist you through the immigrant visa process. Competent consultants or attorneys may be helpful to applicants in completing the paperwork required to apply for an immigrant visa. Applicants should avoid individuals who attempt to provide false documents or who claim to have special connections to the U.S. Embassy. An applicant who engages in any kind of fraud or misrepresentation in connection with a visa application risks being barred permanently from entering the United States. Being untruthful or concealing relevant facts during your visa application may result in your ineligibility for a visa.

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GETTING MARRIED IN THE PHILIPPINES

If you've just set a date for your wedding, this can be an exciting time for the two of you! If you assume that getting married in The Philippines is an easy process, you are mistaken. There are quite a few hoops to jump through to get married in the Philippines.

Don't let the marriage license laws of The Republic of The Philippines put a dent in your wedding plans.

Here's what you need to know and what documents to bring with you before you apply for a Republic of The Philippines marriage license. We recommend getting this legal aspect of your wedding out of the way about a month before your wedding date.

Requirements may vary as each county in The Republic of The Philippines could have their own requirements.

Congratulations and much happiness as you begin your lifetime journey together!

Required Documents and Information:
If this is your first marriage, the local civil registrar will ask to see your original birth certificates or your baptismal certificates. Certified copies may be accepted. You need to provide the full name, residence and citizenship of your parents or guardians.

If either of you are not citizens of The Republic of The Philippines, you have to provide your passport and a certificate of legal capacity to contract marriage. An affidavit in lieu of a certificate of legal capacity to contract marriage may also be accepted. You need to check with a U.S. consular officer to make sure that they are providing the affidavit.

Age Requirements, Parental Consent, Parental Advice:
If you are under the age of 18, you can not get married in the Philippines even if your parents are okay with the marriage.

Individuals must be at least 21 years old to get married in the Philippines without written parental consent. If your parents cannot appear with you before the local civil registrar, a legal affidavit with the signatures of two witnesses may be accepted.

Individuals between the age of 21 and 25, must "... ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefore. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement."
Source: Family Code of the Philippines

Waiting Period:
There is a waiting period of ten consecutive days while notice of the marriage application is posted on a bulletin board outside the local civil registrar's office.

Fees:
Check with the local civil registrar for the fees charged for a marriage license. Fees for a marriage license may be waived if the couple applying has no visible means of income or has insufficient income.

Pre-Marital Counseling and Family Planning Seminar:
If either of you are between the ages of 18 and 25, you will need to show proof to the local civil registrar that you have received marriage counseling. If you do not receive marriage counseling, your marriage license will not be issued for three months.

Previous Marriages:
If you have been previously married, you will need to provide the death certificate of your deceased spouse or the judicial decree of your absolute divorce, or the judicial decree of your annulment or declaration of nullity of your previous marriage.

Witnesses:
Two witnesses are required. Witnesses must be of legal age.

Officiants:
Members of the local judiciary; priests, rabbis, imams, ministers of registered churches or religious sects; consul-generals, consuls, vice-consuls. Military commanders in the absence of a chaplain and ship captains and airplane chiefs can solemnize marriage in articulo mortis.

If you use a religious officiant, one of you must belong to the officiant's church or religious sect.

Wedding Locations:
Marriages must be solemnized publicly in a church, chapel, temple, judicial chambers, or offices of consuls. The only time a wedding can take place elsewhere is if the wedding is articulo mortis, in a remote location, or if the officiant receives a request for a different location.

Proxy Marriage:
The Republic of The Philippines does not allow marriage by proxy.

Common Law Marriage:
Yes. The Family Code of The Republic of The Philippines states: "No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage. (76a)"

HAPPY THANKSGIVING TO ALL!
 
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