* * USA Legal capacity requirements * *
For a marriage with a Filipina;
Under Philippine Law, any foreign national marrying a Philippine citizen, must first obtain a Legal Capacity to Contract Marriage from their respective consular office (or embassy), before a marriage license is issued to the contracting parties. In this case, a legal capacity can be obtained at the American Embassy in Manila, or at the American Consular Agency (formerly the American Consulate) located in Cebu City, Cebu. A personal appearance is required by the American citizen at either location. The following are requirements for the issuance of this document, if securing the Legal Capacity in Cebu City:
U.S. Passport or Birth Certificate.
Proof of termination of prior marriage, if any. (This is a certified copy of your divorce papers.)
Permission from the appropriate unit command, if active military.
Photo, Student or Work ID (Name and photo must be shown).
Authenticated Birth Certificate from the NSO (National Statistics Office).
If between the ages of 18 and 21, and having not been previously married, a written parental consent form (signed by either parent or legal guardian) must be filled out and signed, and then notarized. (Upper portion of form.)
If between the ages of 21 and 25, and having not been previously married, a written parental advice form (signed by either parent or legal guardian) must be filled out and signed. (Lower portion of form.)
Click here to download a printable parental consent form.
Proof of termination of previous marriage, if any.
NSO authenticated death certificate of previous spouse, if widowed.
Birth Certificates of all children, if applicable, from the NSO.
Evidence of a valid relationship with the American fiancé.
Very Important: If your fiancée has children, she must bring their NSO authenticated birth certificates to the interview. If she does not, you will not be issued your Legal Capacity by the Consular Agency in Cebu City. Take note of this advice.
Both parties (fiancé and fiancée) must visit the American Consular Agency to fulfill the requirements (above) and to return for an interview with John Domingo, the current Consular officer. The American Consular Agency is only open to receive incoming phone calls between the hours of 8am and 9am (GMT +8 hours, Hong Kong Time). Applications are accepted between the hours of 9:00am and 11:00am, Monday – Friday (GMT +8 hours, Hong Kong Time). It is closed on all American and Philippine holidays. The American Consular Agency is located on the ground floor of the Waterfront Hotel at #1 Salinas Drive, Lahug, Cebu City. The local telephone number is (32) 231-1261. From the US, dial 011+63-32-231-1261; other countries dial 00+63-32-231-1261.
Advice: I always suggest for the American Citizen to bring one (1) certified copy of his birth certificate, in addition to his US Passport, when coming to the Philippines to marry. Also, it is better to have additional copies of any paperwork you may need. Too often, needless mistakes have been made only to add to other delays, which can seriously hamper wedding plans.
Additionally, being at the American Consular Agency by 9:00am, which is when they are scheduled to open, is a good idea. Generally, it is not so busy that you need to be there very early, however you never can tell. I suggest doing this in case any problems come up, which may cause you to leave the consular agency in order to resolve them.
You will have to provide the Consular Agency with all information needed, along with $50 USD or and equal amount in Pesos, and the filled application. (Bring exact change either in USD or Php, as they may not provide you with change. They are not obligated to do so.) You will then be asked to return, usually between 11:00am and 11:30am, in order to meet with the Consular Agent, John Domingo. He will talk with you both, prior to him issuing your Legal Capacity to Contract Marriage.