The Philippines, a beautiful country with polite people, delicious food, and a positive culture. Marrying someone from the Philippines is wonderful! This article will discuss the two common questions:
If you are interested in the US K-1 Fiance Visa process, you can visit our guide here: U.S. Citizen’s Guide to the Fiancee Visa Process in Manila Philippines
First, the Philippine Government requires all foreigners to provide a “Certificate of Legal Capacity to Contract Marriage” from his/her embassy before filing for a marriage license. This requirement is similar to the Philippine CENOMAR document, better understood as a civil status record. The certificate affirms the US Citizen is not married to anyone in the world and is able to marry a Filipino.
Obtaining a Legal Capacity to Marry at the US Embassy in Manila or the US Consulate in Cebu are by appointment only. The appointment link is found here: https://evisaforms.state.gov/Instructions/ACSSchedulingSystem.asp
The following should be taken to the Appointment for a Legal Capacity to Marry:
Second, the license to marry must be acquired. Philippine law requires a ten-day waiting period from the filing of the application to the issuance of the marriage license. These ten (10) days are business days, not counting weekends or holidays. The license is valid for 120 days and may be used anywhere in the Philippines.
Third, register the marriage and acquire a Philippines Statistic Authority (PSA) Marriage Certificate.
Special Note: A Virtual Marriage in Utah may be more ideal than a foreign marriage in the Philippines. More information found here: https://www.fickeymartinezlaw.com/immigration/virtual-utah-marriage-alternative-to-a-proxy-marriage-for-immigration-purposes/
The IR-1 / CR-1 Spousal Immigrant Visa is the visa that would allow a Filipino spouse to immigrate to the US. The process has 2 basic steps, but it is better to understand through the following breakdown:
Our office has an Immigration Checklist here: /immigration/immigration-checklist-what-our-law-office-generally-recommends/
General Government Cost (Updated January 1, 2022): $1200
Average Processing Time (Updated January 1, 2022): 18 to 24 months
The Manila Embassy provides the following instructions for consular interviews: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MNL-Manila.html
Many believe the baby or newborn would need a visa to enter the US. However, any children of US Citizens may already be US Citizens and should use a US Passport for travel.
The Consular Report of Birth Abroad (CRBA) Process (More info found here: /immigration/children-born-abroad-how-to-get-citizenship-from-parents/ ) registers the birth in Manila or in Cebu, whichever US Embassy or Consulate is available, and provides the US Citizen child a US Passport, a US Social Security Card, and a proof of US Citizenship in the form of a CRBA Certificate that will never expire.
If you require assistance with the Philippine Spousal Visa process, please consider contacting our office to set up a consultation with our Immigration Attorney.
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