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mikemikey

Marriage solemnized under Article 34 in Philippines...Please share your experiences

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Hello,

Has anybody who has interviewed at the US Consulate in Manila had any problems with their marriage solemnized under Article 34? Mainly, during the interview, when they saw the NSO stamped marriage of certificate solemnized under Art 34, they took it at face value or did they probe and ask more detailed questions about why no marriage license was required?

Please share your experience as I am going to be petition my wife and we have a marriage certificate that states no marriage license was required due to art. 34. Thank you.

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May be member from Philipines will have a better idea, but I will pose what my thought is.

Article 34 reads: "No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other." http://www.filipinawives.com/FamilyCodePhilippines.htm

While this applies to the Philipines you are coming to the USA, and US Embassy will go under US laws. All marriages in the US require a marriage license, so the thought process would be that you need one also to prove the legal marriage. While article 34 says: "No license shall be necessary", it doesn't say one can't be issued. So if I were you I would try to go and obtain one. You don't want to delay your process, if they will ask for one.

I might be wrong in my thought process but working for DoS, they probably will go by US laws, since you are moving to the US and not by the laws of country where you reside or got married.

Good luck in your journey.


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"Trust in the LORD with all your heart and lean not on your own understanding; in all your ways acknowledge him, and he will direct your paths." (Proverbs 3, 5-6)

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IMO every country has their rules about marriage certificate.

The US does not determine what another country's laws require for marriage. So send your certificate without worrying. Generally If its a legal marriage in your country its okay for the US

Hopefully someone from your country will respond.


Petitioner LPR upgraded to USC June 22, 2012
August 22, 2012: case complete
October 18, 2012: Interview (APPROVED)
October 26, 2012: Picked up visa from DHL (delay caused by Sandy)
December 15, 2012: POE Atlanta....................became USC July 2016!!!!

Mothers' Journey (My sister is the petitioner)

September 10, 2013: Sent I-130 (UPS next day service)

September 12, 2013: Received text to confirm delivery

September 16, 2013: Received NOA 1

March 22, 2014: Received NOA 2

April 8, 2014: File Received by NVC

May 26, 2015: Interview (approved)..........now LPR (delays caused by 2 RFE)

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*Moved from IR1/CR1 forum to Philippines regional forum as question is PI specific*


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

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If it's legal in the Philippines, it's recognized in the US. I don't think you have to worry.


USCIS

10/01/11 - Filed (2) I-130's

10/04/11 - NOA-1

04/05/12 - NOA-2

Your I-130 was approved in 184 days from your NOA1 date.

NVC

04/23/12 - NVC received both cases (18 days/12 business days from NOA-2)

05/07/12 - Case numbers and IIN's (14 days/10 business days since NVC received)

05/07/12 - Sent out DS-3032 by email; auto-response received

05/08/12 - AOS fee invoiced, paid - "IN PROCESS"

05/09/12 - AOS fee shows as "PAID"

05/10/12 - Spouse's DS-3032 accepted; minor child's rejected = had petitioner call NVC = received verbal acceptance from operator

05/11/12 - Spouse's IV fee invoiced

05/14/12 - Daughter's IV fee invoiced, paid both IV fees - "IN PROCESS"

05/15/12 - Both IV fees show as "PAID"

05/16/12 - Sent both AOS and both IV packages to NVC via USPS (expected delivery: 05/19/12)

05/21/12 - All 4 packages delivered

05/30/12 - Received checklist for daughter's AOS

05/31/12 - Sent response to checklist via USPS (expected delivery: 06/01/12); Spouse's case completed

06/07/12 - Daughter's case completed; waiting for interview date

06/14/12 - P4 received: interview date 07/11/12

Embassy

07/04-05/12 - Medical at SLEC

07/11/12 - Interview: APPROVED!

07/14/12 - Visas on hand

POE: 10/17/12

GC's on hand: 10/31/12

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We got married in the Philippines prior to initiating the immigration process. I dont recall anyone ever asking to see our marriage license... only our marriage certificate, regarding immigration. Well, I am sure they saw the documents from NSO my wife had to provide, which would have just shown we are legally married. I am ignorant about art. 34 though. Just saying that after we got married no one ever asked to see our marriage license.

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The reason people get more scrutiny on an article 34 is the lack of marriage license. To get a marriage license you have to certify to the registrar that you have no legal impediment to getting married. So if you are skipping this step, and its dubious you meet the 5 year cohabitation requirement of the article 34, the consuls may ask themselves why you went this irregular route? Is there a hidden marriage by either party?

If you've already done it, don't worry about it. If you have the time to get a regular license, then get married that way. Just creates less questions.

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Hello,

Has anybody who has interviewed at the US Consulate in Manila had any problems with their marriage solemnized under Article 34? Mainly, during the interview, when they saw the NSO stamped marriage of certificate solemnized under Art 34, they took it at face value or did they probe and ask more detailed questions about why no marriage license was required?

Please share your experience as I am going to be petition my wife and we have a marriage certificate that states no marriage license was required due to art. 34. Thank you.

The stamp has no bearing to the legality of the marriage whatsoever. Don't worry about it.

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