US fiance singleness

[Mr&MrsA 9]

Hi There!

I would like to ask on how do my US fiance prove his singleness? In my country, we have a certificate of No Marriage to prove that we haven't marry yet.

[Harpa Timsah 13,258]

We don't have that. He doesn't have to prove it.

[DvMan 49]

In Texas we have the office of Vital Statistics that can do a search and provide a document that no record of marriage has been found. I am sure it will be something similiar in his/her state.

[Mr&MrsA 9]

His W2 statements show his status as single. is that a good reference?

[JAYANN & JAY 11]

i was wondering that also but it should state on your paystub and income tax if your single or married. not sure if that counts to prove your single.

[Bugs 455]

We don't have that. He doesn't have to prove it.

It's required now at the CFO.

OP, the answer is yes, via a Tax Transcript.

[tnvisaexpert 0]

Your U.S fiance' does not need to prove "singleness," only need to declare that they are legally free to marry. That is, so far there are no formal marriages on record, or different 'fiance' visa' applications made for any other person, then I believe that no need exists to collect evidence in order to prove otherwise. This information is easily obtainable by the USCIS through a simple background search, documents such as tax returns, pay stubs, e.t.c and through questions submitted during the interview.

[KayDeeCee 4,893]

It's required now at the CFO.

OP, the answer is yes, via a Tax Transcript.

So, this is Manila specific then? I am going to move the thread in that case so it does not confuse others because this is definitely not a requirement for all.

~ Moved from K-1 Process to Philippines regional forum- requirement is Manila specific ~

[Bugs 455]

So, this is Manila specific then? I am going to move the thread in that case so it does not confuse others because this is definitely not a requirement for all.

~ Moved from K-1 Process to Philippines regional forum- requirement is Manila specific ~

I would do this, because the OP is from Manila, and it (the CFO) may very well be the reason she is asking.

[Stevephoto 230]

We used the cover sheet for my tax return (single) but CFO did not ask to see it. They asked Joan if I was single and she said "yes" and they moved on!

[jdsherm 3]

hmm im getting all the req documents that my fiance needs in the Philippines specially for her CFO you think its a big deal for them to prove that im "single"?

[KrystelKyle 16]

If I remember the name correctly my hubby got this certificate from U.S embassy Manila says "capacity of legally free to marry" ..

[Artisan 138]

We don't have that. He doesn't have to prove it.

To get married in the Philippines, yes, US citizens do have to provide documentation that indicates they are single and capable of being married. Since the US doesn't track that information a US citizen must appear before a Consul at the Embassy in Manila and swear out an Affidavit in Lieu of Legal Capacity to Marry. It is the only documentation that the US government will provide and it is not universally accepted by registrars in the Philippines and the Consul will warn you about this when you are about to swear out the affidavit.

[DaveE 178]

To get married in the Philippines, yes, US citizens do have to provide documentation that indicates they are single and capable of being married. Since the US doesn't track that information a US citizen must appear before a Consul at the Embassy in Manila and swear out an Affidavit in Lieu of Legal Capacity to Marry. It is the only documentation that the US government will provide and it is not universally accepted by registrars in the Philippines and the Consul will warn you about this when you are about to swear out the affidavit.

Correct, and it depends on where you will get married. In the US, (each state may be a little different), you just apply for a marriage license and certify (check the box), that you are single.

If you will marry in the Philippines you are supposed to get a document from the US Embassy or consulate. This is from the US Embassy Manila website:

The Philippine Government requires all foreigners to provide a "Legal Capacity to Contract Marriage" from his/her embassy before filing for a marriage license. Below are the instructions for applying for the U.S. Embassy's version of that document.

Instead, the U.S. Embassy provides an Affidavit In Lieu of Certificate of Legal Capacity to Marry. The affidavit is the only document the U.S. Embassy is able to provide. If the local registrar refuses to accept the affidavit, there is nothing that the U.S. Embassy in Manila can do. It is the applicant’s responsibility to verify directly with the local registrar their requirements.

In late 2011, the U.S. Embassy learned that the following local registrars had refused to accept the Affidavit In Lieu of Certificate of Legal Capacity to Marry as a viable alternative to the Philippine document: Makati City, Quezon City, Davao City.

Some folks have married without it though depending on the "receptiveness" of the local registrar.

Link to the US Embassy webiste: http://manila.usembassy.gov/marriage.html

Edited July 19, 2013 by DaveE

[Artisan 138]

I think the larger issue at hand is that the CFO is starting to ask for evidence of capacity to marry for K-1 applicants which throws a huge wrench in works to how proof is normally provided. For now the CFO has been accepting tax documents. Even if you are married though there is no legal requirement to file jointly (and depending on the tax liabilities this is sometimes beneficial). When the CFO figures that out they will likely stop accepting tax documents and ask for a sworn affidavit. The real sticky question is if they'll accept one made in the US and mailed to the Philippines or if they'll demand one provided on US Embassy letterhead.