# CERTIFICATE Of CAPACITY



## Cebu Citizen (Dec 13, 2013)

Does anyone know what this "Certificate of Capacity" is for an American who is getting married to a Filipina?

My fiancée is trying her best to assist me with all the pre-marital paperwork and she has come up with this list of items I have never heard of before...like this Certificate of Capacity.

She does not know what it is and neither do I...

I have never heard of this before unless it is better known under a different name.

Anyway, I thought that maybe someone here in this Forum might know what she is talking about regarding a Certificate of Capacity.

Also, I warned her about scams for fake marriage licenses...can someone refresh my memory and tell me where is the only place that I should be trusting to get all of my marital paperwork approved, (Official Philippine Government Office)?


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## Asian Spirit (Mar 1, 2010)

Cebu Citizen said:


> Does anyone know what this "Certificate of Capacity" is for an American who is getting married to a Filipina?
> 
> My fiancée is trying her best to assist me with all the pre-marital paperwork and she has come up with this list of items I have never heard of before...like this Certificate of Capacity.
> 
> ...


Here's a page at the US Embassy Manila that will give all or most of the needed information on your question. Note that this is something that YOU must pay for and get at the embassy in person. Also, an appointment is needed in advance to get this form...


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## Cebu Citizen (Dec 13, 2013)

First of all...thanks for the link Jet Lag...there is a lot of good information here.

However, the US Embassy link you sent talks only about getting an "Affidavit In Lieu of, (or in place of), an actual Certificate of Legal Capacity to Marry"...and wouldn't you know it...my fiancée lives in Quezon City...one of only three places in all the Philippines that will not accept this Affidavit.

(QUOTE: 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.)

Where do I actually get a real Certificate of Capacity? Any Suggestions?


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## Nickleback99 (Aug 6, 2011)

you get it at the Embassy. You make your apppointment on line. Be sure to bring any Certified/Notarized copies of any prior divorce decree or decreeS. I did mine in 2010, no problem, just the usual waiting thing, which was easy enough and Should be even easier at the new Annex there at Embassy. We too were married in Quezon (Caloocan). Not hard, just a lot of running around as usual.


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## Asian Spirit (Mar 1, 2010)

You're quite welcome,,,, Yes - that is one and the same thing. That is the ONLY thing you need. I have also read there are some areas that will not accept that document. The only solution then is to get it at the embassy as required and choose another city or even province to get married.

Curious, are you going to live here or in the States? If in the States, don't get married here. The immigration process back home will take well over a year before she is able to get to you there.

If going to live in the States, it's best and fastest to spend time together here and then after returning home just file for a fiancee visa. Then after filing your wait time is reduced to between 3 and 6 months. Much easier and faster...


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## Cebu Citizen (Dec 13, 2013)

Thanks for the feedback NB and my apologies but I think my comment is being misunderstood.

According to the US Embassy website, they "do not" provide an actual Certificate of Capacity. They only provide an Affidavit...which is used in place of an actual certificate "if" the local municipality will accept it.

However...these Embassy affidavit's are not accepted in certain municipalities. One of these such municipalities is Quezon City.

I am required to apply for a marriage license in the community where my fiancee lives...which is Quezon City, which means I cannot use the affidavit provided by the US Embassy.

My question was and is...if I cannot use this makeshift affidavit from the US Embassy, where do I go to get the real and actual Certificate of Capacity to Marry?

OR...if anyone has any other suggestions.

Thanks again for any additional information...


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## Asian Spirit (Mar 1, 2010)

Cebu Citizen said:


> Thanks for the feedback NB and my apologies but I think my comment is being misunderstood.
> 
> According to the US Embassy website, they "do not" provide an actual Certificate of Capacity. They only provide an Affidavit...which is used in place of an actual certificate "if" the local municipality will accept it.
> 
> ...


Cebu,,,, it is the same thing. There is NO OTHER document available or needed to marry here..


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## Cebu Citizen (Dec 13, 2013)

Thanks also Jet Lag...but according to the US Embassy these two items are separate documents...an Affidavit from the US Embassy...OR...the actual Certificate of Capacity to Marry.

I may try to apply for the marriage license in another location but it also states the you are to apply in the municipality where you have an address. Since I am not yet living there, we were going to use my fiancee's address which just happens to be one of those places that wants the actual certificate and will not accept the affidavit version from the US Embassy.

And yes, after we are married, I plan on staying and living in the Philippines.


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## Cebu Citizen (Dec 13, 2013)

OK...my apologies. The US Embassy needs to rewrite their webpage because it is very clear that these are two very different documents.

I will just work on the angle of using a different address and apply for the marriage license in a municipality that will accept the Embassy affidavit.


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## Asian Spirit (Mar 1, 2010)

Cebu Citizen said:


> Thanks also Jet Lag...but according to the US Embassy these two items are separate documents...an Affidavit from the US Embassy...OR...the actual Certificate of Capacity to Marry.
> 
> I may try to apply for the marriage license in another location but it also states the you are to apply in the municipality where you have an address. Since I am not yet living there, we were going to use my fiancee's address which just happens to be one of those places that wants the actual certificate and will not accept the affidavit version from the US Embassy.
> 
> And yes, after we are married, I plan on staying and living in the Philippines.


My understanding is that the actual Certificate of Capacity to Marry is a form for Filipino citizens. thus we as foreigners are not entitled to it and obtain the other from the embassy. I was married here 11 years ago and that same law applies today. If really in doubt, invest in a phone call to the American Citizen Services Office at the embassy. But you should have no problem whatsoever...


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## Nickleback99 (Aug 6, 2011)

I will pull my paperwork at home and let you know but it was termrd Legal Capacity when I got interviewed and paperwork at embasdy as I recall. Will post later what I dig up at home...I know my wife referred to it ss that. More to follow in a bit as just now heading home


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## Cebu Citizen (Dec 13, 2013)

I thought the entire process seemed pretty straight forward until I saw the three places that would not accept the afgidavit...Makati, Davao and Quezon City.

It makes me wonder why every place in the entire country accepts the US Embassy Affidavit except these three locations and it just happens that my fiancee and her family live in Quezon City.

Now I am hoping that the Philippine authorities will not be too picky about applying for a marriage license in a municipality office other than my fiancee's address of residency.


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## Nickleback99 (Aug 6, 2011)

Yeah...discussed with my better half and she said it's Legal Capacity. The best point is that when you go to embassy for appointment, They will know exactly what you need and for sure They know the process there and differences. You need Passport and certified divorce decreeS ( unfortunately this is my third rodeo...and Last!) For your fiance, she will get a CENOMAR (Certificate of No Marriage) via the Philippines NSO, or if has been married and annulled will need that official papers. Then you all bring all the above to city hall ...and be sure go inside only. There are scammers sometimes outside offering "services". We also "paid" about 1K php to expedite the papers before I went Afghanistan ....married about 10 days later and I headed to poo poo-stan 2 days later....Just in time!


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## JimnNila143 (Jul 23, 2013)

*Capacity to Marry*



Jet Lag said:


> My understanding is that the actual Certificate of Capacity to Marry is a form for Filipino citizens. thus we as foreigners are not entitled to it and obtain the other from the embassy. I was married here 11 years ago and that same law applies today. If really in doubt, invest in a phone call to the American Citizen Services Office at the embassy. But you should have no problem whatsoever...


This is correct, she will need to get a Certificate of Capacity to Marry. He will need to get an Affidavit of Capacity to Marry from the US Embassy in Manila or in Cebu City. He will, of course have to make an appointment. He also needs to get 3 original copies of his certificate of birth from his home city, she also has to get a complete original Birth Certificate from the SFO office.


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## Gary D (Oct 28, 2013)

The problem is that all the embassy issues is an affidavid. You rock up to the embassy and sware, cross my heart and hope to die, that you are not already married. For instance in the UK you go to your local registrar and apply for certificate of no inpediment. This document is then displayed in a public place for three weeks and if not challenged you get it signed. You then take this to the British Embassy in Manila who convert it to the local document, capacity to marry, all's well. This is where the US system falls down. Anybody can go to the embassy and sware that they are not married with no offical checks.


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## HondaGuy (Aug 6, 2012)

Cebu Citizen,

My fiancee's mom went to the Quezon City Civil Registrar's office 2-3 months ago and they told her that they (the QC Civil Registrar) WILL accept the Affidavit in Lieu of Capacity to Marry from the US Embassy. I think the US Embassy's website is out of date.

I would have your fiancee (or her mom or someone) actually go to the Civil Registrar in QC and ask them just to be safe.


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## bbazor (Nov 18, 2013)

JimnNila143 said:


> This is correct, she will need to get a Certificate of Capacity to Marry. He will need to get an Affidavit of Capacity to Marry from the US Embassy in Manila or in Cebu City. He will, of course have to make an appointment. He also needs to get 3 original copies of his certificate of birth from his home city, she also has to get a complete original Birth Certificate from the SFO office.


Will the US Embassy help in obtaining the 3 copies of a birth certificate?


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## Nickleback99 (Aug 6, 2011)

Birth cert is on You to obtain. In 2010 they all (U.S. and Philippines authorities ) accepted my passport as proof citizenship and with dob in it. Maybe helped that I also had a red U.S. Govt passport, I don't know. My mom in law also did some talking etc And we paid the expedite fee for Philippines side ...no birth certificate. However as I recall I Was able to go on the county website in NC where born and ordered one at some point....guessing eav h state and local government is unique if they even have that on line.


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## Cebu Citizen (Dec 13, 2013)

bbazor...All states are online now and make it extremely easy to obtain certified copies of your US Birth Records from their Department of Health and Vital Statistics. Some states may have a slightly different name for the correct department providing birth records.

The biggest issue I can see for you will be getting the copies to you in the Philippines. I would suggest paying the extra to have them FedEx'ed to you because of the slow and uncertain Philippine mail issues.

Also, make sure that you are on the States official website. There are "other" companies who provide a service to get you certified copies of your Birth Certificate but they will charge you an arm and a leg. I accidentally clicked on the wrong link for my state and got one of these companies and ONE certified copy cost me $80.00!

Later, I did contact the official state website, paid with a credit card online and received five certified copies in less than a week for LESS money than the other company charged me for one copy...

Good Luck in getting yours. Although it might take a while for the actual delivery of the documents, I don't think you will have any issues.


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## Cebu Citizen (Dec 13, 2013)

Nickleback99...thanks to you and your better half for the information from your personal papers and also to Jet Lag for the awesome link to the US Embassy website. This by far was the most complete information about getting married to a Filipina...thanks Again Jet Lag.


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## Cebu Citizen (Dec 13, 2013)

Honda Guy...Thank you for the personal feedback about Quezon City. This is what makes this Forum so awesome and helpful because somewhere out there is someone who has been through the exact same thing at one time or another.

I will certainly have my Fiancée or her mother go directly to the local Civil Registrar in QC and ask them about their policy. Hopefully you are correct and the US Embassy website is just simply outdated about this failure to accept the affidavit.


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## Cebu Citizen (Dec 13, 2013)

Jim and Nila 143...thanks for the feedback but I have one other question...hopefully it is not a stupid question, (I was always taught that there is no such thing as a stupid question), What does SFO stand for in your response? The only thing that comes to mind is the San Francisco mail service, (SFO) but I know that doesn't fit in this situation...(?)

I want to be sure so I can pass the information along to my Fiancée.

I bring up the point about asking stupid questions because if your mind is focused in a particular direction, simple abbreviations just don't click sometimes. I remember one store who had posted a big sign in their front window saying "Only CC Allowed". For the life of me I could not figure out what they were trying to say...was it "Closed Captioning" or Certified Copies" or "County Citizens"?

I went in and ask the store clerk and she looked at me kind of crazy and told me it was that "Credit Card" transactions are only allowed in this particular store. Well...needless to say, I felt a little stupid at the time...but for fear of looking stupid again, (Hahaha), I always like to double check about abbreviations if I am not sure what is meant.


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## bbazor (Nov 18, 2013)

Cebu Citizen said:


> bbazor...All states are online now and make it extremely easy to obtain certified copies of your US Birth Records from their Department of Health and Vital Statistics. Some states may have a slightly different name for the correct department providing birth records.
> 
> The biggest issue I can see for you will be getting the copies to you in the Philippines. I would suggest paying the extra to have them FedEx'ed to you because of the slow and uncertain Philippine mail issues.
> 
> ...


Well. it sounds like I should get a few copies before i go there. It is easy enough to do while I am still here. BTW, I can get it pretty quickly (already looked in to it).

Thanks!!!


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## bbazor (Nov 18, 2013)

Cebu Citizen said:


> Jim and Nila 143...thanks for the feedback but I have one other question...hopefully it is not a stupid question, (I was always taught that there is no such thing as a stupid question), What does SFO stand for in your response? The only thing that comes to mind is the San Francisco mail service, (SFO) but I know that doesn't fit in this situation...(?)
> 
> I want to be sure so I can pass the information along to my Fiancée.
> 
> ...


SFO is the three digit code for San Francisco Internation Airport.


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## bbazor (Nov 18, 2013)

bbazor said:


> SFO is the three digit code for San Francisco Internation Airport.


Oooops. I should have read the orignial post. It does stand for San Fran Airport, but not in this case. (Stastics Field Office)???? Just a guess!


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## HondaGuy (Aug 6, 2012)

JimnNila143 said:


> This is correct, she will need to get a Certificate of Capacity to Marry. He will need to get an Affidavit of Capacity to Marry from the US Embassy in Manila or in Cebu City. He will, of course have to make an appointment. He also needs to get 3 original copies of his certificate of birth from his home city, she also has to get a complete original Birth Certificate from the SFO office.


Jim,

Where were you asked for 3 copies of your birth certificate? I dont see anything on the US Embassy website about needing birth certificates and the Quezon City Civil Registrar Office doesnt say it requires birth certificates from foreigners either. Of course every city is different; just curious where that requirement came from.

Thanks!

Civil Registry Procedures and Requirements


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## simonsays (Feb 11, 2009)

bbazor said:


> SFO is the three digit code for San Francisco Internation Airport.


and Serious Fraud Office in UK   


I know you meant San Francisco .....


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