CFO

[river56 0]

Hi , I have a question to ask some one who is going to CFO class right now . I it my understanding that some of the CFO instructors are asking for a legal capacity document from the petitioner.to prove he has legal capacity to contract marriage . this I don't understand be cause if the fiancé has a k1 visa this was proven during the visa process through divorce decrees. I have read that this was needed to get married in the Philippines but not if u are getting married in the U.S. But now some instructors are asking for this not excepting divorce decrees. We do not have this document in the U.S. so don't know what to do if this is requested . Also I have been told all of the requirements needed for the fiancé to bring to the class are not on there web site . So if any one can shed light on this situation and what are all the requirements I would be very thankful.

THANKS !--- River 56

[sweet cakes 326]

Hi , I have a question to ask some one who is going to CFO class right now . I it my understanding that some of the CFO instructors are asking for a legal capacity document from the petitioner.to prove he has legal capacity to contract marriage . this I don't understand be cause if the fiancé has a k1 visa this was proven during the visa process through divorce decrees. I have read that this was needed to get married in the Philippines but not if u are getting married in the U.S. But now some instructors are asking for this not excepting divorce decrees. We do not have this document in the U.S. so don't know what to do if this is requested . Also I have been told all of the requirements needed for the fiancé to bring to the class are not on there web site . So if any one can shed light on this situation and what are all the requirements I would be very thankful.

THANKS !--- River 56

Aside from divorce decree/s, a recent IRS tax transcript (or 1040) is normally asked by CFO counselors for proof of petitioner's singleness. If you have this, just black-out your fiance's SSN.

Edit: CFO's requirements here:http://www.cfo.gov.ph/index.php?option=com_content&view=article&id=1348:fiancee-spouses-and-other-partners-of-foreign-nationals&catid=140

1. Two (2) valid identification cards (IDs) with photograph;
2. Duly completed guidance and counseling form;
3. If married, original and photocopy of marriage contract on security paper from the National Statistics Office, or Local Civil Registry Offices; or original and photocopy of marriage contract duly authenticated by the Philippine Embassy/ Consulate (if married abroad)
4. Other documents as may be required by the counselors; and
5. Payment of P400.00 counseling fee.

#4 Requirement is quite vague. They seem to have added "more" required docs which vary in each applicant's case. This includes petitioner's BC, passport bio page, 1040/ IRS transcript, divorce decree if applicable, and some pictures together.

Edited May 28, 2014 by sweet cakes

[Pitaya 2,580]

~Moved from K-1 Process to Phil. Regional Forum~

~Inquiry is country-specific~

[Hank_ 9,174]

Hi , I have a question to ask some one who is going to CFO class right now . I it my understanding that some of the CFO instructors are asking for a legal capacity document from the petitioner.to prove he has legal capacity to contract marriage . this I don't understand be cause if the fiancé has a k1 visa this was proven during the visa process through divorce decrees. I have read that this was needed to get married in the Philippines but not if u are getting married in the U.S. But now some instructors are asking for this not excepting divorce decrees. We do not have this document in the U.S. so don't know what to do if this is requested . Also I have been told all of the requirements needed for the fiancé to bring to the class are not on there web site . So if any one can shed light on this situation and what are all the requirements I would be very thankful.

THANKS !--- River 56

Never heard that one before, besides it would be impossible to get without being in the Philippines as that is issued by the embassy.

I have tried to list everything I have come across that is known to have been asked for at CFO in my link below (click the CFO tab once on the site)

[Caryh 5,206]

Never heard that one before, besides it would be impossible to get without being in the Philippines as that is issued by the embassy.

I have tried to list everything I have come across that is known to have been asked for at CFO in my link below (click the CFO tab once on the site)

I've always heard it as "they say" or "someone said", I've never seen a first hand account of someone being asked for this.

[Hank_ 9,174]

Unless someone reports back that CFO has added a new "other document" to the list I don't add it to my site, for sure don't go by - they or someone said...

[sweet cakes 326]

I've always heard it as "they say" or "someone said", I've never seen a first hand account of someone being asked for this.

I was asked for my husband's tax transcript, because he was never married and I didn't have any divorce decree to show to the CFO counselor that he's single and free to marry.

Edited May 28, 2014 by sweet cakes

[Caryh 5,206]

I was asked for my husband's tax transcript, because he was never married and I didn't have any divorce decree to show to the CFO counselor that he's single and free to marry.

Thats a little different than being asked for the CENOMAR or the affidavit in lieu of.

I'm not sure what all the CFO asked my wife for. She basically brought everything from the petition evidence to her interview evidence and docs. When they heard we'd known each other for ten years at that point though, they were kind of convinced was fine and didn't give her any hassles. It went super easy for her, even though she's a bit shy around authority figures. Which I always found a bit funny, as she can really take control when she's the boss at work. Its like seeing two different people

[sweet cakes 326]

Thats a little different than being asked for the CENOMAR or the affidavit in lieu of.

I'm not sure what all the CFO asked my wife for. She basically brought everything from the petition evidence to her interview evidence and docs. When they heard we'd known each other for ten years at that point though, they were kind of convinced was fine and didn't give her any hassles. It went super easy for her, even though she's a bit shy around authority figures. Which I always found a bit funny, as she can really take control when she's the boss at work. Its like seeing two different people

OP hasn't had the CFO seminar yet, so it might be another case of "he said/ she said". Is a "legal capacity to contract marriage (from a petitioner)" something anybody can get here in US? It sounds kinda strange. It will be over the top for CFO to require something that essentially does not exist, especially if the applicant has her visa at hand already. Or maybe it's just their newly-coined highfalutin term?!! It does sound discriminating.

If it were asked of me though, I would think a divorce decree or a 1040 (showing single as civil status) are more than sufficient when asked.

[Caryh 5,206]

OP hasn't had the CFO seminar yet, so it might be another case of "he said/ she said". Is a "legal capacity to contract marriage (from a petitioner)" something anybody can get here in US? It sounds kinda strange. It will be over the top for CFO to require something that essentially does not exist, especially if the applicant has her visa at hand already. Or maybe it's just their newly-coined highfalutin term?!! It does sound discriminating.

If it were asked of me though, I would think a divorce decree or a 1040 (showing single as civil status) are more than sufficient when asked.

That is not something that can be obtained in the USA. Even the Philippines, it is issued by the US embassy based on the applicant swearing he can legally marry. Which is why its the Affidavit, and not a certificate. There is no central registry to look up marriages in the USA. And even some married people will file as single on taxes to pay less. Its big trouble if they get caught, but some still do it.

[sweet cakes 326]

That is not something that can be obtained in the USA. Even the Philippines, it is issued by the US embassy based on the applicant swearing he can legally marry. Which is why its the Affidavit, and not a certificate. There is no central registry to look up marriages in the USA. And even some married people will file as single on taxes to pay less. Its big trouble if they get caught, but some still do it.

That's interesting. Maybe if OP can get back to us and confirm this "new requirement", or if indeed an affidavit similar to a cenomar is asked from the petitioner.

[river56 0]

Thanks for all the info. I did call the CFO office and talked to a lady there that told me that my fiancé could be ask to prove my legal capacity to marry . I ask her about divorce decrees and she did not really reply to me about this but she said that they would accept a paper that was done by a lawyer stating that I was of legal capacity . I have a friend who has been through the process also and he said it was new to him and reading on the computer it states that this form is only needed if getting married in the Philippines . But I know off a person my fiancé knows that was at the class and she said they were asking

for proof of legal capacity to marry and when I called office to me it was confirmed . When I talked to lady at CFO office she said they might ask for this , so I guess not every one is ask. Also I could be off base a little because connection was not the best and there is always a chance for

misunderstanding but I did ask her directly. and the word she used was a deposition to show legal capacity. But all and all legal capacity should be proven if the person has the visa because u have to submit divorce decree in I -129 and prove u are single.

[Al422 221]

I provided Candy with my tax return, showing filing as single, together with a transcript of the return from the IRS (you can download one instantly at the IRS web site). They accepted this as conclusive proof of my singleness. For security blot out your SSN on these documents.