CERTIFICATE Of CAPACITY

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CERTIFICATE Of CAPACITY


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Old 6th May 2014, 07:29 PM
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Default CERTIFICATE Of CAPACITY

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)?


Last edited by Asian Spirit; 6th May 2014 at 07:38 PM.
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Old 6th May 2014, 07:43 PM
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Originally Posted by Cebu Citizen View Post
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)?
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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Old 6th May 2014, 08:50 PM
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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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Old 6th May 2014, 11:33 PM
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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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Old 7th May 2014, 12:38 AM
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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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Old 7th May 2014, 12:42 AM
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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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Old 7th May 2014, 12:43 AM
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Quote:
Originally Posted by Cebu Citizen View Post
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...
Cebu,,,, it is the same thing. There is NO OTHER document available or needed to marry here..

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Old 7th May 2014, 12:49 AM
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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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Old 7th May 2014, 12:53 AM
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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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Old 7th May 2014, 12:58 AM
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Quote:
Originally Posted by Cebu Citizen View Post
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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