Ignoring IMBRA, ignoring Affidavit of Legal Capacity and Getting Married

[tambok 320]

I have an American friend who married a middle class Filipina from a good family in 2011. They are ( her relatives ) all teachers and lawyers and doctors and have friends in the government. All are very well connected. He is very happy with the acceptance he got from them.

 

He met her on an online dating site and they got married in the Philippines.

 

I asked him if he had complied with IMBRA when he dated her on line. He has never heard of  IMBRA and has no idea what it is.  I also asked him if he had gone to the US Embassy/Consulate to get his Affidavit to Contract marriage.

 

He had never even heard of that requirement. He did not know what that affidavit was!

 

He just said that he had talked to his lawyer relatives, and they got him all the marriage papers, they got married, all is legit, he has a marriage certificate, the works. He said his lawyers get him all kinds of visas and work permits, etc.

 

Apparently, he also hinted at the fact that the lawyers said they needed to pay some people to grease the wheels and get this and that paper. With money, all things are possible, he said. He is now legally married and all is good. He has not a care in the world.

 

He is a nice guy and he' s been married and living in the PH on and off since 2011.

 

Any comments from you? Can we all just do that?

 

Sometimes I feel that I am living next to a parallel multiverse. 

Edited November 25, 2015 by tambok

[SkyMan 23,701]

 

 

Any comments from you?

I don't know what kind of comments you're looking for here.  I guess if we were at lunch and you told me that I'd be waiting for the rest of the story.

[colemanlee 21,437]

 

 

Sometimes I feel that I am living next to a parallel multiverse. 

 

Its been said over and over here...its who you know....much more so here than in the States...most of us that live here full time have seen it many times, some have seen it personally....it really depends on how much you deal with Filipinos...in this guys case hes married in to an influential family..it does not surprise me at all....

[Buko Beach 5,085]

He met her on an online dating site and they got married in the Philippines.

 

I asked him if he had complied with IMBRA when he dated her on line.

So what do you think IMBRA is, and in what way should your friend have complied with it while dating/chatting with a Filipina online?

[tambok 320]

So what do you think IMBRA is, and in what way should your friend have complied with it while dating/chatting with a Filipina online?

Apparently, a website must be IMBRA compliant and must have info on the man- where he lived, his past wives, if any, etc etc. Otherwise, that person may have problems bringing the wife into the US if he ever wants to. This is what I have heard. 

I don't know what kind of comments you're looking for here.  I guess if we were at lunch and you told me that I'd be waiting for the rest of the story...

The comments are the rest of the story...

Its been said over and over here...its who you know....much more so here than in the States...most of us that live here full time have seen it many times, some have seen it personally....it really depends on how much you deal with Filipinos...in this guys case hes married in to an influential family..it does not surprise me at all....

Well, but what about all the other consequences- will it be hard for him to get visas to the US, for them to travel together?

[shadow 18,483]

Apparently, a website must be IMBRA compliant and must have info on the man- where he lived, his past wives, if any, etc etc. Otherwise, that person may have problems bringing the wife into the US if he ever wants to. This is what I have heard. 

The comments are the rest of the story...

Well, but what about all the other consequences- will it be hard for him to get visas to the US, for them to travel together?

I don't know of any dating site that follows the IMBRA laws. For instance, the IMBRA law states that an international marriage broker (a person or company that collects a fee to introduce you for the purpose of marriage) must produce a signed statement from the girl allowing them to release her information to you. I have yet to find a girl who has signed such a statement from any online dating site.

 

On the paperwork for a spousal visa, there is no question that asks where you met. They might ask the girl at interview where they met, in which case the truthful answer may raise more questions, but mostly they seem to be interested in whether or not there is a valid marriage and a valid relationship.

 

Under the family code, the marriage is still valid, he should have no trouble getting her a visa if there is adequate proof of relationship.

[tambok 320]

I don't know of any dating site that follows the IMBRA laws. For instance, the IMBRA law states that an international marriage broker (a person or company that collects a fee to introduce you for the purpose of marriage) must produce a signed statement from the girl allowing them to release her information to you. I have yet to find a girl who has signed such a statement from any online dating site.

 

On the paperwork for a spousal visa, there is no question that asks where you met. They might ask the girl at interview where they met, in which case the truthful answer may raise more questions, but mostly they seem to be interested in whether or not there is a valid marriage and a valid relationship.

 

Under the family code, the marriage is still valid, he should have no trouble getting her a visa if there is adequate proof of relationship.

What about this?

 

"Any foreigner who wishes to marry in the Philippines is required by the Philippine Government to obtain from his/her Embassy a "Certificate of Legal Capacity to Contract Marriage" before filing an application for a marriage license.

The Government also accepts an "Affidavit in lieu of a Certificate of Legal Capacity to Contract Marriage." The U.S. citizen must, execute this affidavit at the American Embassy in Manila by Obtaining a Legal Capacity to Marry in Embassy Manila are by appointment only.,or at the Consular Agency in Cebu Monday through Friday 9:00am – 11:00am no appointment needed.

The American must present his/her U.S. passport, and there is a fee of U.S. $50.00 for executing the affidavit. Philippine authorities will not accept any substitute document initiated in the United States."

[colemanlee 21,437]

 

 

What about this?

 

Guess your not listening.....asking the same question multiple times will not change the answer...this is the Philippines....any rule or law can be bent, broken or over looked.....Period...

[shadow 18,483]

 

What about this?

 

"Any foreigner who wishes to marry in the Philippines is required by the Philippine Government to obtain from his/her Embassy a "Certificate of Legal Capacity to Contract Marriage" before filing an application for a marriage license.

The Government also accepts an "Affidavit in lieu of a Certificate of Legal Capacity to Contract Marriage." The U.S. citizen must, execute this affidavit at the American Embassy in Manila by Obtaining a Legal Capacity to Marry in Embassy Manila are by appointment only.,or at the Consular Agency in Cebu Monday through Friday 9:00am – 11:00am no appointment needed.

The American must present his/her U.S. passport, and there is a fee of U.S. $50.00 for executing the affidavit. Philippine authorities will not accept any substitute document initiated in the United States."

 

 

Obviously, the Philippine government accepted his application, and recorded the marriage to NSO. The US gov doesn't care if Philippine requirements were met, they go by what NSO says. NSO says they are married, that is all that counts.

Edited November 25, 2015 by Headshot
Removed duplicate quote

[Headshot 29,350]

 

What about this?

 

"Any foreigner who wishes to marry in the Philippines is required by the Philippine Government to obtain from his/her Embassy a "Certificate of Legal Capacity to Contract Marriage" before filing an application for a marriage license.

The Government also accepts an "Affidavit in lieu of a Certificate of Legal Capacity to Contract Marriage." The U.S. citizen must, execute this affidavit at the American Embassy in Manila by Obtaining a Legal Capacity to Marry in Embassy Manila are by appointment only.,or at the Consular Agency in Cebu Monday through Friday 9:00am – 11:00am no appointment needed.

The American must present his/her U.S. passport, and there is a fee of U.S. $50.00 for executing the affidavit. Philippine authorities will not accept any substitute document initiated in the United States."

 

 

What I don't understand is why you even have a dog in this fight... 

 

Does this guy owe you money or something?

Edited November 25, 2015 by Headshot

[tambok 320]

What I don't understand is why you even have a dog in this fight... 

 

Does this guy owe you money or something?

Nah, we had an argument. I told him about the law and how all my friends had to go to the US Embassy to get married, and he went, " I didn't have to do it, I 'm OK, nothing was required".

 

So, that means that we can avoid it too? That's good news actually.

Edited November 29, 2015 by tambok

[tambok 320]

Guess your not listening.....asking the same question multiple times will not change the answer...this is the Philippines....any rule or law can be bent, broken or over looked.....Period...

But you are taking a chance. If any serious investigation is carried out, this can be declared invalid. And you can expose yourself to all kinds of unpleasant things.

[colemanlee 21,437]

But you are taking a chance. If any serious investigation is carried out, this can be declared invalid. And you can expose yourself to all kinds of unpleasant things.

Not my chance...so why would I care...must have been some argument for you to be so worried about what somebody else is doing...Personally, I find minding my own business keeps away a lot of unnecessary stress..especially in area's that do not concern me...

[Headshot 29,350]

Nah, we had an argument. I told him about the law and how all my friends had to go to the US Embassy to get married, and he went, " I didn't have to do it, I 'm OK, nothing was required".

 

So, that means that we can avoid it too? That's good news actually.

 

If he has an NSO...now called the PSA (Philippine Statistics Authority) certified marriage certificate, then the US will consider them married. It makes no difference to USCIS what Filipino hoops he had to (or didn't have to) jump through to get the marriage license. Once the marriage is certified by NSO, only an annulment can undo it. They don't reverse course. Whether or not that is repeatable by anybody else is probably dependent on where he got married and who he (or his wife) knows. I can pretty much guarantee that NSO doesn't go back and check, and the way records are kept here, I doubt that anybody could go back and dig up what he did or didn't have to do to get married.

Edited November 29, 2015 by Headshot

[Paul 55,114]

 

 

Any comments from you? Can we all just do that?

 

If he didn't secure a Legal Capacity, he is as married as I am to you.