Legal Question in Military Law in Oregon

International marrige

where do i begin to start with papers on marrige with a philipina national, im a us soldier active duty and clueless


Asked on 4/07/08, 12:37 am

1 Answer from Attorneys

Todd Hammond Todd S. Hammond, P.C.

Re: International marrige

This is a complicated process which I would be honored to assist you with, feel free to contact my office in Salem or at [email protected] for an appointment. Here is a broad overview for the initial steps...

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 American needs to present his/her U.S. 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. Philippine authorities will not accept any substitute document initiated in the United States.

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 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). Normally there is a ten-day waiting period before the marriage license is issued by the registrar's office. In some instances the fianc�e 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 fianc�e applied for the marriage license. A marriage license cannot be obtained by a fianc�e without presence of the prospective spouse.

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. The visa process may take from three to six months or more from the date of filing to the date of final adjudication.

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Answered on 4/07/08, 11:56 am


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