Jump to content

Ignoring IMBRA, ignoring Affidavit of Legal Capacity and Getting Married


Recommended Posts

SkyMan

The one problem I can see for her getting a visa is her passing the CFO where they will want to see all the docs required for them to get married including his affidavit.  However, if she's well connected enough to get married without it, I'm sure they can get around that too.

  • Like 1
Link to post
Share on other sites
  • Replies 53
  • Created
  • Last Reply

Top Posters In This Topic

  • tambok

    14

  • shadow

    8

  • RogerDuMond

    7

  • colemanlee

    6

Top Posters In This Topic

Popular Posts

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.

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...

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 unnecessa

colemanlee

The one problem I can see for her getting a visa is her passing the CFO where they will want to see all the docs required for them to get married including his affidavit.  However, if she's well connected enough to get married without it, I'm sure they can get around that too.

Ive often wondered, if the elite here have to do that...or kids of elite's....surely not...basicly the way I see it is that there are two sets of laws/rules one for the Filipino elite and one for the rest of the Philippines....to include us...

  • Like 1
Link to post
Share on other sites

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.

 

Why is it good news?  Are you already married and afraid of perjuring yourself under oath/affirmation? 

Link to post
Share on other sites
  • Administrator
Salty Dog

Ive often wondered, if the elite here have to do that...or kids of elite's....surely not...basicly the way I see it is that there are two sets of laws/rules one for the Filipino elite and one for the rest of the Philippines....to include us...

If I remember right. It even took Kris Aquino nearly a year to get her marriage annulled.

  • Like 1
Link to post
Share on other sites
  • Triple Diamond Sponsor
Monsoon

There are a lot of different requirements to get married in the Philippines. For example, various forms of family counseling or some other invasive crap. A lot can be avoided if you know and or pay the right people. 

 

I know people who have avoided all of them, including CFO and are living happily ever after in another country now with their wife. 

  • Like 5
Link to post
Share on other sites
RogerDuMond

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

 

I disagree. The legal capacity is a Philippine requirement for the issuance of a marriage license. If the municipal department issuing the license issued it without the capacity, it makes no difference. With a license signed and stamped, the marriage is legal no matter what paperwork was submitted.

  • Like 5
Link to post
Share on other sites
USMC-Retired

I would believe they are married. However they might run into additional obsticals that require grease. That is what happens when you start off greasing wheels it will always need them.

  • Like 3
Link to post
Share on other sites
Canuck Joe

It was all arranged and fixed...he didn't have to do any work, he has all the paperwork just has no idea. Probably had his drivers license handed to him and never have to set foot in an emigration office. If he keeps his nose clean he will have it very easy in the Philippines.

Link to post
Share on other sites
cvgtpc1

Doesn't sound like he needs to besides for the family....cross them and sounds like he could easily disappear lol

Link to post
Share on other sites
shadow

The one problem I can see for her getting a visa is her passing the CFO where they will want to see all the docs required for them to get married including his affidavit.  However, if she's well connected enough to get married without it, I'm sure they can get around that too.

The CFO is not a requirement to get a US visa, it is a Philippine requirement to acquire a passport for the wife or fiance of a foreign national or someone leaving the Phils on an immigrant visa, and/or to leave the country on same. At no time in the processing of a US visa will the US gov ask to see your CFO certificate. The CFO has no authority to deny anyone getting the CFO sticker, but they can and do make it very difficult for some, if they so desire. They do like to flex their muscles. Sometimes if you just give a Filipino a little bit of power...

 

The embassy goes solely on what the NSO has to say. If the NSO says they are married, as far as the embassy and getting a visa is concerned, they are married. In order to alter that someone would have to file a case (pay the substantial fees), and prove it in front of a judge, to have the NSO record amended.

 

Who would do that?

  • Like 4
Link to post
Share on other sites

Wait, but when processing for visa to go to the US, they will see that the marriage was entered into in the Philippines. Won't they ask" Wait a minute, did you  get the Affidavit from us before you got married?"

Link to post
Share on other sites
colemanlee

Wait, but when processing for visa to go to the US, they will see that the marriage was entered into in the Philippines. Won't they ask" Wait a minute, did you  get the Affidavit from us before you got married?"

No they won't...all they care about is the NSO paper that says your married...most of the Phil papers dont count for anything outside of the Phils

  • Like 4
Link to post
Share on other sites
shadow

Wait, but when processing for visa to go to the US, they will see that the marriage was entered into in the Philippines. Won't they ask" Wait a minute, did you  get the Affidavit from us before you got married?"

No, the affidavit is a Philippine requirement, not a US requirement. All they care about is what the NSO has to say.

  • Like 3
Link to post
Share on other sites
SkyMan

Wait, but when processing for visa to go to the US, they will see that the marriage was entered into in the Philippines. Won't they ask" Wait a minute, did you  get the Affidavit from us before you got married?"

Unlike the Philippine gov't the US gov't has (barely) enough logic to assume that if you have a legal document stating something, you must have taken the steps necessary to obtain said document.  Whether obtained by legal means or otherwise doesn't matter.  The RP says their married, that's good enough.

 

The CFO is not a requirement to get a US visa, it is a Philippine requirement to acquire a passport for the wife or fiance of a foreign national or someone leaving the Phils on an immigrant visa, and/or to leave the country on same. At no time in the processing of a US visa will the US gov ask to see your CFO certificate.

You can split hairs and argue that the CFO is an RP requirement and has nothing to do with a US visa, but what good is a nice pretty US visa in your passport if the RP won't let you leave the country because you don't have a CFO sticker?  So I consider the CFO, an entirely RP requirement, to be part of the US visa process.  And in this case, not having the affidavit would be a problem IF she had to go through the normal CFO process.  But I quite imagine she'll get a pass.

  • Like 2
Link to post
Share on other sites
RogerDuMond

Wait, but when processing for visa to go to the US, they will see that the marriage was entered into in the Philippines. Won't they ask" Wait a minute, did you  get the Affidavit from us before you got married?"

 

 

The municipal Civil Registrar is responsible for inspecting the required documents and certifying that all the appropriate documents have been submitted and that is as far as the documents go. They are not forwarded anywhere. It is very compartmentalized so only that person in the government is aware of what documents were submitted. If they approve it and sign it, that is the end of that process and it is a valid license.

 

So the only thing that goes up the chain is the registration.

 

"After the registration, the civil registrar shall distribute copies of the document bearing the civil registry number as follows: first copy to the registrant; second copy to the Office of the Civil Registrar-General; third copy shall be retained for his file; and fourth copy to the solemnizing office."

Edited by RogerDuMond
  • Like 2
Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use, Privacy Policy and Guidelines. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue..