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foreigners and marriage in the philippines


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#1 lovelypinay

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Posted 23 October 2006 - 01:10 AM

you probably know about this but hope this could be of help!

There has been a lot of questions posed by foreigners on the proper procedure in marrying a citizen of the Philippines. As a result, we have gathered relevant information to guide those who wish to tie the knot in our country.

First of all, foreigners who wish to marry in the Philippines are required to obtain a certificate of legal capacity to marry issued by diplomatic or consular representatives of their country. This is in accordance with the first paragraph of Article 21 of the Family Code of the Philippines, which states:

"When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials."

For example, a citizen of the United States wishing to marry in the Philippines, must appear personally before a consular officer, at the U.S. Embassy in Manila and procure a certificate of legal capacity to marry. Once the certificate has been received, the application for a marriage license can be made at the office of the local Philippine Civil Registrar of the town or city where the Filipino fiancee is a resident. The foreigner will need to present the certificate, passport, and documentation regarding parental consent or advice if applicable. There is also a need to present a divorce decree if the foreigner has been previously married and a death certificate if a widow or widower.

For the Filipino applicant the following shall be needed for purposes of the marriage license application:

1. Birth Certificate or Baptismal Certificate. If widow or widower Death Certificate of late spouse (certified true copy).
2. Community Tax Certificate
3. ID picture of both applicants
4. Certificate of Family Planning and Marriage Counselling (the couple are required to attend a Counselling Seminar before the certificate is issued).

Marriage applicants who are aged 18 to 21 must have parental consent in writing, those aged 21 to 25 must have written parental advice (a written indication that the parents are aware of the couple's intent to marry). There is a ten-day waiting period before the marriage license is issued by the registrar's office. This period is prescribed by law to inform the public about the pending license application and to give the local civil registrar an opportunity to entertain any objections to the upcoming marriage.

The marriage license, once issued, is valid in any part of the Philippines for 120 days. If it has not been used during this 120-day period it will then automatically expire.

The marriage ceremony must be solemnized by an individual with the legal authority to perform such a ceremony. Among these are a priest, imam, or any incumbent member of the judiciary within the court'sjurisdiction (See Article 7 of the Family Code of the Philippines). Upon the completion of the ceremony all participants (the presiding official, the witnesses, and the husband and wife) must sign the marriage certificate.

Following the signing of the marriage certificate by all parties involved, the marriage certificate must be sent to the city hall or the municipality in which the Philippine national habitually resides. It will then be registered by the local civil register. You can get certified true copies of the marriage contract from the local civil registrar or the National Statistics Office.

-elaine-


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#2 rhiadraiss

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Posted 07 November 2006 - 01:09 AM

good post elaine !!! smile.gif


#3 AussieJim

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Posted 04 December 2006 - 11:01 AM

Hi,

thanks for put all the information I need together in one place, I really appreciate it. smile.gif

Could I ask you more about the Councelling Seminar? My fiancee and I would like to get married as soon as possible after I arrive in Manila on the 28th of December. As she lives in Olongapo City, I realise we have to get the licence there, but can we attend a councelling seminar in Manila on the 29th? Where might I look to find out when the seminars are offered? Do we need to book in advance, and if so, how far in advance? Unfortunately I cannot alter my arrival date, and she has already started planning a wedding reception for the 13th rolleyes.gif . With weekends and New Year, I only have 2 or at most 3 days to organise all the requirements.

I will be able to get my CNI from the Australian Embassy on the morning of the 29th, but I'm not sure if I could be in Olongapo for an afternoon seminar even if I tried, hence why I wonder if we could attend a seminar somewhere in Manila instead. She is still waiting for a correction (simple typo) to be made to her birth certificate. Apart from the CNI and her birthcertificate, the Councielling seminar certificate is the only other thing we need.

Thanks for any assistance you might be able to offer,
James

#4 eurowoman

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Posted 04 December 2006 - 03:40 PM

QUOTE(AussieJim @ Dec 4 2006, 07:01 PM) View Post

Hi,

thanks for put all the information I need together in one place, I really appreciate it. smile.gif

Could I ask you more about the Councelling Seminar? My fiancee and I would like to get married as soon as possible after I arrive in Manila on the 28th of December. As she lives in Olongapo City, I realise we have to get the licence there, but can we attend a councelling seminar in Manila on the 29th? Where might I look to find out when the seminars are offered? Do we need to book in advance, and if so, how far in advance? Unfortunately I cannot alter my arrival date, and she has already started planning a wedding reception for the 13th rolleyes.gif . With weekends and New Year, I only have 2 or at most 3 days to organise all the requirements.

I will be able to get my CNI from the Australian Embassy on the morning of the 29th, but I'm not sure if I could be in Olongapo for an afternoon seminar even if I tried, hence why I wonder if we could attend a seminar somewhere in Manila instead. She is still waiting for a correction (simple typo) to be made to her birth certificate. Apart from the CNI and her birthcertificate, the Councielling seminar certificate is the only other thing we need.

Thanks for any assistance you might be able to offer,
James


Hi James. Unfortunately, as far as I know, the pre-marital counseling and family planning seminar is supposed to be taken in the same municipality or city where you applied for the marriage license. In your case - Olongapo.

Edited by eurowoman, 04 December 2006 - 03:41 PM.

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>>>TIMELINE short version<<<


Oct 2, 2006 = Peter's 4th visit to PI
Oct 5, 2006 = Got Peter's Legal Capacity to Marry
Oct 30, 2006 = Marriage license on hand
Dec 29, 2006 = OUR WEDDING DAY
Jan 30, 2007 = Peter flew back to Denmark
Feb 28, 2007 = Peter moved to Sweden
March 5, 2007 = CFO Seminar
March 9, 2007 = Got new passport with married name
March 19, 2007 = Submitted application for visit visa to Sweden
March 20, 2007 = Interview and submitted booking certificate
March 28, 2007 = SCHENGEN VISA APPROVED
April 14, 2007 = Visa on hand
April 16, 2007 = Peter's 5th visit to PI
April 24, 2007 = FLY TOGETHER TO SWEDEN
May 2, 2007 = Applied for EU residence card
June 10, 2007 = Swedish Migration Board asked for additional documents
July 10, 2007 = Application for EU residence card - APPROVED
July 12, 2007 = Applied for personbevis (their version of SSN) at Skatteverket
July 20, 2007 = Personbevis arrived in the mail
July 24, 2007 = Applied for Swedish ID Card
Aug 3, 2007 = EU residence card arrived in the mail
Aug 28, 2007 = Got my Swedish ID Card

#5 AussieJim

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Posted 07 December 2006 - 12:58 PM

Thanks,

do you know if it is required to apply for the marriage licence, or just in order to collect the marriage licence?

Cheers
James

#6 eurowoman

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Posted 07 December 2006 - 02:08 PM

QUOTE(AussieJim @ Dec 7 2006, 08:58 PM) View Post

Thanks,

do you know if it is required to apply for the marriage licence, or just in order to collect the marriage licence?

Cheers
James


You need it to apply. As far as I know, they won't process your marriage licence unless you undergo the seminar. Take care.
Visit our website and blog: http://www.capilihansen.com

Our Multiply: http://maeve27.multiply.com


>>>TIMELINE short version<<<


Oct 2, 2006 = Peter's 4th visit to PI
Oct 5, 2006 = Got Peter's Legal Capacity to Marry
Oct 30, 2006 = Marriage license on hand
Dec 29, 2006 = OUR WEDDING DAY
Jan 30, 2007 = Peter flew back to Denmark
Feb 28, 2007 = Peter moved to Sweden
March 5, 2007 = CFO Seminar
March 9, 2007 = Got new passport with married name
March 19, 2007 = Submitted application for visit visa to Sweden
March 20, 2007 = Interview and submitted booking certificate
March 28, 2007 = SCHENGEN VISA APPROVED
April 14, 2007 = Visa on hand
April 16, 2007 = Peter's 5th visit to PI
April 24, 2007 = FLY TOGETHER TO SWEDEN
May 2, 2007 = Applied for EU residence card
June 10, 2007 = Swedish Migration Board asked for additional documents
July 10, 2007 = Application for EU residence card - APPROVED
July 12, 2007 = Applied for personbevis (their version of SSN) at Skatteverket
July 20, 2007 = Personbevis arrived in the mail
July 24, 2007 = Applied for Swedish ID Card
Aug 3, 2007 = EU residence card arrived in the mail
Aug 28, 2007 = Got my Swedish ID Card

#7 Steve326a

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Posted 06 May 2007 - 11:51 PM

Is family planning required if both of us are up in the years? I'll be 49 and she will be 53. Obviously, children are the last thing we are looking for.

May God (The Boss) Bless You,
& Keep You!
Steve & Myrlita
I Love My Honey!
** Greetings From Bacolod City **

#8 Steve326a

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Posted 11 May 2007 - 11:09 AM

Another thing I need to know. What's this tax certificate?
May God (The Boss) Bless You,
& Keep You!
Steve & Myrlita
I Love My Honey!
** Greetings From Bacolod City **

#9 dataclese

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Posted 11 May 2007 - 02:05 PM

We had no pre-marraige counseling and seminar, I beleive this is for getting married in the Catholic church. Fee wise there were some documentation fees with the registrar, and the fee for the judge. - Brent

#10 way-to-go

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Posted 12 May 2007 - 02:57 PM

QUOTE(Steve326a @ May 11 2007, 03:09 AM) View Post
Another thing I need to know. What's this tax certificate?


Hi Steve,

Community Tax Certificate is to establish residency. Your fiance will need to go to her City Hall or Barangay Hall to get this. If she has already her cedula, well & good.

We call this CEDULA. Just to give you an idea, the amount one will pay will be based on the following;

For voluntary or exempted (1.00 pesos) - Basic Community Tax (5.00pesos)

For additional community tax ( tax not to exceed 5,000 pesos)
---Gross receipts or earnings derived from business during the preceeding year (1.00 peso for every 1,000 pesos).
---Salaries or gross receipt or earnings derived from exercise of Profession or pursuit of any occupation (1.00 peso for every 1,000 pesos).
---Income from Real Property (1.00 pesos for every 1,000 pesos).

I hope this helps.

Joy

Edited by Donny'sPrincess, 12 May 2007 - 03:10 PM.




#11 niceguy

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Posted 14 May 2007 - 07:17 PM

Nice post. But I heard that the immigration process is faster and easier if you are engaged in the Philippines and then get married in the foreign country. Is that true?

#12 juris

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Posted 14 May 2007 - 08:48 PM

QUOTE(niceguy @ May 14 2007, 03:17 PM) View Post
Nice post. But I heard that the immigration process is faster and easier if you are engaged in the Philippines and then get married in the foreign country. Is that true?


Yep. It took us 3 and 1/2 months to obtain my Visa. Check my timeline.
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#13 Steve326a

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Posted 14 May 2007 - 11:26 PM

My situation is reversed. I'm the one moving to Bacolod to marry and live with my wife. We do not intend to move to the US to live. My own country won't let me bring her back here due to their ridiculous income requirements. Myself, being on SSDI I will never make it. Heck, I can't even pay rent but over there, I can support myself & my wife. Not like a king but at least similar to a lower middle class family. I will never have that here. I want to leave here now while I still can. I feel that the way things are progressing here, we will soon have closed borders, no one in or out.


May God (The Boss) Bless You,
& Keep You!
Steve & Myrlita
I Love My Honey!
** Greetings From Bacolod City **

#14 Roxas Ron

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Posted 14 May 2007 - 11:49 PM

I want to leave here now while I still can. I feel that the way things are progressing here, we will soon have closed borders, no one in or out.
[/quote]


yo...what makes you say this?

#15 dataclese

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Posted 14 May 2007 - 11:54 PM

I understand your situation might not be the most optimal, it is esp hard to make it on that type of assistance only here, but in the Philippines you would not have that you would have to rely on family only. I don't think the USA is about to close it's borders in or out. They have certainly tightened up things but our economy and access to offshore goods would be too high a price to pay to close the borders of course.

Immigration in the US has historically gone up and down in large cycles. There was virtually no immigration from around 1920 to about WWII, but then it rose again for a good time and now looks like it might be declining. Rarely has there been outbound migration but there seems to be a sub-current of that. I hear of a lot of people going outbound these days but they are more than offset by incoming ones. Foriegn born naitonals now comprise more than 32% of the population here at the end of a long upswing in immigration rates.

Demographics are driven as much by social and economic issues than as by puclic policy and politics. - Brent







#16 Steve326a

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Posted 15 May 2007 - 12:11 AM

QUOTE(dataclese @ May 14 2007, 07:54 PM) View Post
I understand your situation might not be the most optimal, it is esp hard to make it on that type of assistance only here, but in the Philippines you would not have that you would have to rely on family only. I don't think the USA is about to close it's borders in or out. They have certainly tightened up things but our economy and access to offshore goods would be too high a price to pay to close the borders of course.

Immigration in the US has historically gone up and down in large cycles. There was virtually no immigration from around 1920 to about WWII, but then it rose again for a good time and now looks like it might be declining. Rarely has there been outbound migration but there seems to be a sub-current of that. I hear of a lot of people going outbound these days but they are more than offset by incoming ones. Foriegn born naitonals now comprise more than 32% of the population here at the end of a long upswing in immigration rates.

Demographics are driven as much by social and economic issues than as by puclic policy and politics. - Brent


My SSDI is mine for life even if I move to RP. Yes, I will lose my SSI portion after 30 days but the remaining SSDI part is more then sufficient as long as we don't try to keep up with the Jones' scenerio. I would love to bring my wife back here. But the govt has minimum income requirements. Even if my SSDI was equal to or higher, it doesn't count. Federal & state tested public means income is not counted. A co-sponsor must be immediate family in same household only. I have a friend who was willing to co-sponsor her but is ineligible. I can't even get her a B-2 visa to visit if I return here for a visit because she doesn't have sufficient income and property to assure departure upon end of visa. That's my biggest gripe of all. It's not really about securing our borders so to speak but rather it's really about the money. During it's instructions for the applications, the govt constantly emphasizes it's fees.

Just my 2 cents for what it's worth

May God (The Boss) Bless You,
& Keep You!
Steve & Myrlita
I Love My Honey!
** Greetings From Bacolod City **

#17 niceguy

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Posted 15 May 2007 - 12:53 AM

QUOTE(rcars3 @ May 14 2007, 04:49 PM) View Post
I want to leave here now while I still can. I feel that the way things are progressing here, we will soon have closed borders, no one in or out.
yo...what makes you say this?


He was just being sarcastic smile.gif

#18 niceguy

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Posted 15 May 2007 - 12:57 AM

QUOTE(juris @ May 14 2007, 01:48 PM) View Post
Yep. It took us 3 and 1/2 months to obtain my Visa. Check my timeline.


Sorry to be so naive as I have so much to read and learn. But what does AOS mean in your timeline?

And what is the income requirement to have your fiancee come over?

#19 Steve326a

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Posted 15 May 2007 - 01:07 AM

QUOTE
And what is the income requirement to have your fiancee come over?


I believe it's 14k or so. But for someone who's on SSDI and or SSI, it might as well be a million because income from fed or state disability does not even count. It's like saying to me since you're disabled, you're not entitled to a life, or the woman you love or anything else. Just get back in your cage where you belong and shut up. Sorry, it's how I feel sometimes.

Edited by Steve326a, 15 May 2007 - 01:07 AM.

May God (The Boss) Bless You,
& Keep You!
Steve & Myrlita
I Love My Honey!
** Greetings From Bacolod City **

#20 juris

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Posted 15 May 2007 - 01:13 AM

QUOTE(Steve326a @ May 14 2007, 07:26 PM) View Post
My situation is reversed. I'm the one moving to Bacolod to marry and live with my wife. We do not intend to move to the US to live. My own country won't let me bring her back here due to their ridiculous income requirements. Myself, being on SSDI I will never make it. Heck, I can't even pay rent but over there, I can support myself & my wife. Not like a king but at least similar to a lower middle class family. I will never have that here. I want to leave here now while I still can. I feel that the way things are progressing here, we will soon have closed borders, no one in or out.



if you want to live a confortable life in the US, u must work and shall not depend solely on SSDI.


"Black Skin Exotic & Rare"






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