# Certificate of Legal Capacity to Contract Marriage



## mstrike88 (Mar 18, 2016)

Hello all,

Concerning the Certificate of Legal Capacity to Contract Marriage...

I have an appointment booked to get the certificate. While I have read the notes on the US Embassy's website (Manila in the Philippines) and called American Citizen Services, I am getting conflicting information (family who did it over 10 years ago).

So obviously, I have to be present with passport to go through the process, but - Does my fiancee need to be there as well?

Also, how long did your appointment take?

Thanks in advance.


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## Asian Spirit (Mar 1, 2010)

Like many others here, I did mine years ago and things do change. At that time my then fiancee did not have to be there. That may have changed. With something this important accurate information is a must. It would be best to simply call:
The US Embassy's American Citizen Services Unit at (632) 301-2000, Ext. 2246



Best Of Luck

Jet Lag


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## mstrike88 (Mar 18, 2016)

Thanks Jet Lag.

Embassy said she wouldn't need to attend, but as my time is short, wanted to see what the community went through.


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## Tukaram (Dec 18, 2014)

I did it at a Consulate Outreach (in Iloilo) about 2 years ago. My fiance did not come with me. It took almost 5 minutes to get it. Quite a waste of time - but a necessary piece of stupid paperwork


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## mstrike88 (Mar 18, 2016)

Thanks Tukaram.

I hope its that short for me as well.


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## Tukaram (Dec 18, 2014)

Since mine was at an outreach - it was at a local hotel. I would think that would be fastest. And just guessing I would think the Cebu Consulate office would be quicker than the Manila Embassy - just because it is a smaller office? An easy transaction, in any case.


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## Donwarner87 (Jan 18, 2016)

I did this recently through the Cebu outreach. Spouse is not required, cell phone left at the door, filed out the form, paid the fee, waited 15 minutes to answer 2 questions and out the door. The hardest part for me was driving around Cebu looking for the office. Check the address by calling first, the website is incorrect. Cebu is in the Waterfront Hotel.

Hope this helps and congrats!


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## HondaGuy (Aug 6, 2012)

I got mine at the Embassy in Manila in 2014 and she did not need to be there. Good luck!


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## bidrod (Mar 31, 2015)

I did mine at the Embassy also in 2014 by myself. If you are divorced you need to have copies of all divorce decrees. You will need to leave an ID at the entrance area along with mobile devices etc.


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## Asian Spirit (Mar 1, 2010)

bidrod said:


> I did mine at the Embassy also in 2014 by myself. If you are divorced you need to have copies of all divorce decrees. You will need to leave an ID at the entrance area along with mobile devices etc.


All these apply with one exception. Any divorced marriage that did *not** last over ten (10) years does not need to be supported by a divorce decree. Only marriages that lasted over 10 years must have the divorce papers.*

Same applies when applying for US Social Security at the Embassy for a direct direct deposit account located in the Philippines.


Jet Lag


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## mstrike88 (Mar 18, 2016)

Don,

You are a gentlemen/lady and a scholar. 

Thank you.


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## mstrike88 (Mar 18, 2016)

HondaGuy,

I will be trading in my Toyota ASAP due to your helpful advice.

Thank you very much.


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## mstrike88 (Mar 18, 2016)

Thank you bidrod.

Your helping me get married and I appreciate it. You should come.


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## bidrod (Mar 31, 2015)

Jet Lag said:


> All these apply with one exception. Any divorced marriage that did *not** last over ten (10) years does not need to be supported by a divorce decree. Only marriages that lasted over 10 years must have the divorce papers.*
> 
> Same applies when applying for US Social Security at the Embassy for a direct direct deposit account located in the Philippines.
> 
> ...


You may be correct on the 10 years, but that is not what the Embassy instructions say. My marriage was less than 10 years and they asked to see it in 2014. Below is the the Embassy requirements,

Step 3:

Please bring your confirmation printout, all divorce decrees or death certificates that show the U.S. citizen is free to marry, and valid U.S. passport to your appointment. Please bring $50 in cash (or Philippine Peso equivalent) or credit card. Due to space limitations, people not needed to witness or sign documents during the notarial service will not be able accompany the applicant to the ACS section and should not come to the Embassy. Fiancées of Americans seeking legal capacities to marry do not need to appear.

Chuck


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## Gary D (Oct 28, 2013)

I would take my divorce papers along irrespective of the time period just to avoid disappointment.


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## JM101 (Jan 6, 2015)

Congrats on taking the big step.

I did mine just a few months ago in Manila.

Once my number was called, it only took about 5 minutes. The biggest waste of time was waiting for your number if there are a lot of people ahead of you . You actually go to a couple of windows because payment is done at a different window.

Make sure you bring all of your divorce papers and an extra copy of the Decree. Also bring your old Marriage Certificate. Follow the instructions to the letter regarding IDs. Your wife to be does not need to attend except to keep you company.

You will also need a copy of the Marriage Cert and Divorce Decree attached to the Certificate at every step of your Philippine licensing so always remember to bring the packet with you whenever you are talking to the people at licensing, the Marriage Counseling Dept., the Judge's office/Church, etc.

When you get home after getting your notarized certificate, scan the entire packet into your computer, you may need it again for a Visa for your new wife.

Good luck and have fun...even though all this running around may seem like a lot of BS, in the end its all worth it.

JM101

Just an add on as I reread some of the above posts...my divorce was in 1975 and the paperwork was needed for the Certificate....always bring everything, you never know what you might need, when.

John


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## Maxheadspace (Mar 21, 2016)

mstrike88 said:


> Hello all,
> 
> Concerning the Certificate of Legal Capacity to Contract Marriage...
> 
> ...


Is that for marriage in the Philippines? I used a K1 visa to bring my fiance (now wife) to the US and didn't have to have a Certificate of Legal Capacity. Although I did have her annulment, so maybe that takes its place...


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## Tukaram (Dec 18, 2014)

Yeah, it is a Filipino thing. It really is a waste of time - but necessary here.
I went to the Consulate. He asked if I had ever been married. I said yes. He asked if I was currently married. I said no. He signed the form. It is not like they do any research to verify it.


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## Gary D (Oct 28, 2013)

Maxheadspace said:


> Is that for marriage in the Philippines? I used a K1 visa to bring my fiance (now wife) to the US and didn't have to have a Certificate of Legal Capacity. Although I did have her annulment, so maybe that takes its place...


Yes that's needed for a mariage in the Philippines.


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## Cebu Citizen (Dec 13, 2013)

I agree with Jet Lag...something this important, you will want to be absolutely sure and double check the current requirements directly from the US Embassy Staff...*BUT* just to share with you my personal experience from about a year ago...the spouse does not have to be there because she is not applying for anything and this particular document has nothing to do with her specifically. This is simply an official statement from the US Government that you are not encumbered by a previous marriage and you are free to marry or remarry again. It took me about 6 or 7 minutes and I was out of there with the document in hand...

It actually took me longer to find a parking place and get inside to my appointment than the entire appointment took!

If you had a previous divorce, you will want to take a copy of that final decree and court document with you because the US Embassy personnel asked me about that.


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