MARRIAGE IN PHILIPPINES
Disclaimer: The following information relating to marriage
requirements of specific foreign countries is provided for general information
only and may not be accurate in a particular case. Questions involving
interpretations of specific foreign laws should be addressed to foreign
attorneys or foreign government officials.
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 US passport and proof of the termination
of any prior marriage(s) (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.
The affidavit must be obtained from the US Embassy in Manila. Philippine
authorities will not accept any substitute document initiated in the
RIGHT OF CONSULAR OFFICER TO REFUSE TO PERFORM SERVICE:
This affidavit is issued as a notarial act by the US 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.
POSSIBLE PENALITIES IN CONJUNCTION WITH THIS SERVICE:
Section 4221 of Title 22 United States Code provides for punishment
of individuals who commit perjury in an affidavit taken by a consular
SPECIAL PROCEDURES FOR THOSE WHO HAVE NEVER MET THE FIANCE/FIANCEE:
If you have never previously met your fiancé/fiancée,
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 US 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 US MILITARY PERSONNEL:
US 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 US Marine Corps
personnel). The affidavit will be refused if proper military authorization
is not presented by US military personnel.
THE MARRIAGE APPLICATION PROCESS:
Once the person has the affidavit, he or 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 US citizen
applicant will need to present the affidavit, death certificate or divorce
decree as mentioned above, US 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 fiancée
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 fiancée applied for the marriage license.
A marriage license cannot be obtained by a fiancée 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 US citizen confers neither citizenship nor an automatic
eligibility for entry to the United States.
AFTER THE MARRIAGE, THE US CITIZEN MAY PETITION THE PHILIPPINES
SPOUSE FOR A K3 MARRIAGE VISA.
ALTERNATIVE TO MARRIAGE ABROAD:
Instead of the above procedures, it is possible to file a fiancee visa petition
for an alien to enter the United States as the 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
fiancee. K1 Fiancee Visa.
To consult a K3 marriage visa attorney, please call us at (626)
279-5341 or e-mail us at email@example.com. An attorney in our office
would be happy to assist you.