a dilemma...

[Kreeger]

Hello all,

I have a question for those who have married their spouse while she was living in the Phils. We are planning to be wed civil first (this Oct) and then start the K1 (I-130, K3) process and have a chuch wedding there (March `03) before she comes over. It has been suggested to her by family and friends, and it sounds o.k. to me. My question(s): Do I need to file a certificate of single-ness in Manila? Also, I have only 8 days with her this visit... does the 10 day wait period apply? Please advise and share your experiences.

Thanks so much in advance.

Joe

[Bear]

... in response to a dilemma..., posted by Kreeger on Aug 18, 2002


1st Of all its the I-130/K-3 method you are choosing.  Due to changes in the law and the effect of 9-11 it taking approximately 8 months for the full K-3 procedure.  2nd -  There is no way that 8 days is enough unless you have people in the background willing to circumcent the law and get you certificates and liscenses you need plus leave you with enuogh time for a honeymoon.  I took 3 weeks and, "No. It was not enough!"

The permit you seek is a certicicate of "legal compacity to marry" obtained from the Embassy and you had better hold out a day just for that.  Then you need a "health class" which took a full day for my wife and I and that depends on when the class is given in the area she lives (in Davao it was only given 2x week).  Then, doing it all legally, you will need 10 days after you present those papers and others to the registrar for a mariage liscense. If she is 21 or younger she will need one of her parents to provide a letter allowing her to marry.  So adding it all up I'd say 10-13 work days in preparation and as much time afterwards as you want for the honeymoon.

BTW, have you heard from Donb222 lately?  Sorry we didn't get a chance to meet when we were in Atlanta.

Bear and Honey

[Kreeger]

... in response to Re: a dilemma..., posted by Bear on Aug 18, 2002

I plan to just do it all on the next visit.... next year May. That way, I will have much more time to spend with her and we'll have our church wedding at that time.

I have not heard from Don... he may still be lurking somewhere. Congratulations on the baby....

[Ray]

... in response to a dilemma..., posted by Kreeger on Aug 18, 2002

Joe,

I'm not sure what you meant by “start the K-1 (I-130, K-3) process”. If you marry over there, then you can not use the K-1 fiancée visa. You would use the I-130/K-3 process for your spouse.

There is no such thing as a “certificate of singleness”. I think you mean the affidavit in lieu of legal capacity? Yes, you must get that at the U.S. consulate in Manila or Cebu before you apply for a marriage license. And yes, there is a mandatory 10-day wait for the license to be issued after you apply in person. You will not be able to legally marry in an 8-day visit unless you can get a judge to waive the waiting period. Even then, the embassy may question the dates when she applies for the visa. To be safe, you would normally need at least 2 weeks to take care of all the paperwork before you can marry over there.

If you marry first in a civil ceremony, then when you go back for a church wedding you won’t need a marriage license or anything else from the government because you’re already legally married. However, you will need to meet the church’s separate requirements and those will depend on the parish and diocese where you want to have the church wedding. She should make the arrangements with the church well in advance if at all possible.

Just curious, why are you planning on two weddings on two separate trips? October should give you plenty of time to arrange for a church wedding, if you can get enough time off.

Ray

[Kreeger]

... in response to K-1?, posted by Ray on Aug 18, 2002

And thanks for the enlightenment on the visa types. I have been doing a little research, but have found some websites confusing. I cannot get enough time off in October, and furthermore... she does not want a "formal" cermony in her hometown until after she finishes her college degree (she doesn't want all the attention). She is 24, so parental consent is not needed. Yes, an "Affidavit In Lieu Of Legal Capacity" is what I meant, and I figured that I would have to take a whole day for that. Maybe I will just wait and do it all next trip, When we had originally planned it... and also when I have more time to be with her.