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ConfusedPinay

Affidavit in lieu of a certificate of legal capacity to marry HELP!!

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Posted (edited)

My husband and I are already legally married here in the US and currently planning to do a Catholic Church wedding in the Philippines. One of the requirements to get married in the Church is to provide the "Legal Capacity to get married" document. 

 

My questions are:

 

1. Since my husband and I are already married in the US and no longer "single" in legal status, does "Certificate of legal capacity to contract marriage or Affidavit in Lieu of a Certificate of Legal Capacity to Marry” still apply?

 

2. I've checked the schedules online and I find that there seems to be no availability all the way till December(not sure if the system is having some trouble). Are the time slots limited? How early do they post openings?

Please advise.

 

Thanks!

ConfusedPinay

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Edited by ConfusedPinay
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Country-specific thread is moved from Off Topic to the Philippines regional forum.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Plus all you need to do to be married in the Philippines is to report the marriage to the Philippines embassy or consulate in the USA. 

 


Romans 8:28 - And we know that all things work together for the good of those who love God: those who are called according to His purpose.
Hebrews 11:6 - And without faith it is impossible to please Him, for he who comes to God must believe that He is and that He is a rewarder of those who seek Him.

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Posted (edited)

You shouldn't need the affidavit since you are already married. I'm assuming it was a civil wedding in the United States. Just bring your marriage certificate to the church and tell them that you want to do a Catholic wedding. That should be sufficient. As the previous poster said, you should do a report of marriage at the Philippine consulate or embassy that is responsible for your area in the US and you could bring that.

Edited by RWD

Feb 24, 2014 We got married in the Philippines
Aug 12, 2014 Returned to USA after staying 6 months in the Philippines

Petition for my wife
USCIS
Sep 30, 2014 Mailed I-130 Pagkage @ Norco, CA
Oct 01, 2014 Received @ Phoenix, AZ Lockbox
Oct 06, 2014 USCIS E-notification
Oct 07, 2014 Check Cashed
Oct 09, 2014 NOA1 Received
Oct 30, 2014 NOA2 Received (Oct 26 Notice Date)

NVC
Nov 18, 2014 NVC Received Case
Dec 16, 2014 NVC Welcome Letter E-mail Received (Including Case Number & IIN)
Dec 16, 2014 DS-261 Submitted
Dec 17, 2014 Affidavit of Support Invoice Received
Dec 18, 2014 Affidavit of Support Invoice Paid
Dec 21, 2014 Mailed AOS and IV Package
Jan 14, 2015 Immigrant Visa Invoice Received
Jan 14, 2015 Immigrant Visa Invoice Paid
Jan 24, 2015 DS-260 Submitted
Mar 04, 2015 Case Complete
Mar 09, 2015 Interview Scheduled E-mail Received

US Embassy
Mar 20, 2015 Medical Exam
Mar 23, 2015 Medical Results Received
Apr 15, 2015 Interview - Visa Approved
Apr 18, 2015 Visa Delivered

USA
May 17, 2015 Point of Entry - Los Angeles
May 26, 2015 Social Security Card Received
Jun 23, 2015 Permanent Resident Card Received *** Removal of Conditions Apr 22, 2017 Mailed I-751 package from Norco, CA to California Service Center *** May 8, 2017 Check Cashed *** May 8, 2017 NOA Received

Petition for my step-son
USCIS Dec 30, 2015 Mailed I-130 package from Norco, CA *** Jan 04, 2016 Received @ Phoenix, AZ Lockbox *** Jan 06, 2016 USCIS E-notification *** Jan 07, 2016 Check Cashed *** Jan 11, 2016 NOA1 Received *** Feb 10, 2016 NOA2 Received (Feb 03 Notice Date) *** NVC Mar 05, 2016 NVC Welcome Letter Received (Including Case Number & IIN) *** Mar 17, 2016 DS-261 Submitted *** Apr 01, 2016 Immigrant Visa Invoice Received *** Apr 1, 2016 Affidavit of Support Invoice Paid *** Apr 01, 2016 Immigrant Visa Invoice Paid *** Jun 8, 2016 DS-260 Submitted *** Jun 11, 2016 Mailed AOS and IV Package *** Jul 22, 2016 Case Complete *** Aug 5, 2016 Interview Scheduled E-mail Received *** US Embassy Oct 17, 2016 Medical Exam *** Oct 19, 2016 Medical Results Received *** October 28, 2016 Interview *** Nov 3, 2016 Visa Delivered *** USA Mar 27, 2017 Point of Entry - Los Angeles *** Apr 21, 2017 Permanent Resident Card Received *** Apr 21, 2017 Social Security Card Requested (USCIS didn't process)

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3 hours ago, ConfusedPinay said:

My husband and I are already legally married here in the US and currently planning to do a Catholic Church wedding in the Philippines. One of the requirements to get married in the Church is to provide the "Legal Capacity to get married" document. 

 

My questions are:

 

1. Since my husband and I are already married in the US and no longer "single" in legal status, does "Certificate of legal capacity to contract marriage or Affidavit in Lieu of a Certificate of Legal Capacity to Marry” still apply?

 

2. I've checked the schedules online and I find that there seems to be no availability all the way till December(not sure if the system is having some trouble). Are the time slots limited? How early do they post openings?

Please advise.

 

Thanks!

ConfusedPinay

 

 

You do not need the Legal Capacity to Marry Affidavit, you are ALREADY married.   Legally married in the USA is legally married everywhere in the world.

 

All you can do now is a renewal of vows, not an actual wedding.  


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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