Car rentals in Philippines - Special Circumstances

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Special Circumstances

SPECIAL CIRCUMSTANCES: MARRIAGE IN THE PHILIPPINES: A 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. Because there is no national register of marriages in the United States, the U.S. Embassy cannot provide such a certification. As a result, the Philippine government will accept an “Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage” in its place. Americans may execute this affidavit at the U.S. Embassy in Manila any day, Monday-Friday, between 8:00 a.m. and 9:00 a.m. except for Philippine or American holidays. The American must present his/her U.S. passport. There is a fee of $30.00 or its peso equivalent for the affidavit, payable in cash only. Philippine authorities will not accept any substitute document initiated in the United States. U.S. military personnel should contact their personnel office before traveling to the Philippines regarding Department of Defense joint service regulations.

Execution of the affidavit by a U.S. consular officer is a notarial act and, as such, the consular officer is authorized by U.S. law to refuse to perform the service if the document will be used for a purpose patently unlawful, improper, or inimical to the best interests of the United States (see 22 C.F.R. section 92.9b). Entering into a marriage contract for the principal purpose of facilitating immigration to the United States for an alien is an unlawful act, and the U.S. Code provides penalties for individuals who commit perjury in an affidavit taken by a consular officer.

The Marriage Application Process: Once an American citizen has obtained from the U.S. Embassy an “Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage,” he/she may file an application for a marriage license at the office of the Philippine Civil Registrar in the town or city where one of the parties is a resident. The U.S. citizen applicant must present: (a) the affidavit; (b) the divorce decree(s) or death certificate(s), if applicable, required to verify civil status and legal capacity to contract marriage; (c) their U.S. passport; and (d) documentation regarding parental consent or advice, if applicable. (Persons aged 18 to 21 must have written parental consent to marry in the Philippines; those aged 22 to 24 must have received parental advice. Philippine law prohibits marriage for persons under the age of 18.) A judge, a minister or other person authorized by the Government of the Philippines can perform the marriage.

Marriage to a U.S. citizen confers neither citizenship nor an automatic eligibility for entry to the United States. An immigrant visa is required for a foreign spouse to live in the United States. Questions about filing an immigrant visa petition to bring a foreign spouse to the United States should be directed to the nearest office of the Bureau of Citizenship and Immigration Services, the State Department’s Visa Office (telephone: (202) 663-1225) or, while in the Philippines, to the U.S. Embassy Immigrant Visa Unit at http://manila.usembassy.gov/wwwh3023.html.