Marriage Between a Filipino Citizen and a Naturalized U.S. Citizen in the Philippines
A complete Philippine legal guide (updated to July 2025)
Scope. Civil (not church-specific) requirements, under Philippine law. It assumes the wedding will be celebrated in the Philippines; if it will be in the United States or another jurisdiction, requirements differ. Authority. Primarily the 1987 Philippine Constitution, the Family Code of the Philippines (Executive Order No. 209, as amended), the Civil Registry Law (Act No. 3753), and relevant DFA/PSA/BI regulations.
1 | Legal Capacity: Who May Marry
| Item | Rule | Notes |
|---|---|---|
| Minimum age | 18 years on the day of the wedding. | Below 18—marriage is void. |
| Parental involvement | 18-20 yrs: parental consent 21-25 yrs: parental advice |
Submit written, notarized consent/advice. Absent or adverse advice triggers a 3-month waiting period after license issuance. |
| No existing valid marriage | Both parties must be “single” in law. | For the U.S.-citizen spouse: prior marriages must be validly terminated under their national law; present the divorce decree + authentication. |
| No impediments | No incest, bigamy, psychological incapacity, etc. | See Family Code Arts. 35–38 & 52–54. |
| Witnesses | At least two of legal age at the ceremony. | Provide IDs on the wedding day. |
2 | Key Documents (Civil Wedding)
A. For the Filipino Citizen
PSA-issued Birth Certificate
Certificate of No Marriage Record (CENOMAR) – PSA, issued within 6 months.
Government-issued ID (passport, driver’s licence, etc.).
Parental Consent/Advice (if 18-25).
Certificates of Attendance:
- Pre-Marriage Orientation and Counselling (PMOC)
- Family Planning seminar (required in many LGUs)
Barangay Certificate of Residency (some LGUs).
B. For the Naturalized U.S. Citizen
U.S. Passport (+ photocopies of bio page & latest entry stamp).
Proof of U.S. Citizenship & Civil Status
“Legal Capacity to Contract Marriage” (LCCM) or equivalent:
- Option 1: Affidavit of Legal Capacity executed before the U.S. Embassy in Manila or Consulate in Cebu (walk-in notarial service; bring divorce decree if any).
- Option 2: If no Embassy appointment is available, a notarized Affidavit in Lieu of LCCM before a Philippine notary, then authenticated at DFA.
PSA-registered Death Certificate or Foreign Divorce Decree (if previously married). Decrees must carry a Philippine consular authentication/apostille plus DFA “red ribbon” or apostille.
Certificate of Legal Capacity Translation if not in English.
Two 1×1 or 2×2 photos (LGU-dependent).
3 | Obtaining the Marriage License
| Step | Where | Typical Timeline | Cost (₱) |
|---|---|---|---|
| 1. File joint Application for Marriage License | Local Civil Registry (LCR) of the Filipino’s residence (or either party if both foreigners) | 15–30 min per counter visit | 150–250 filing fee |
| 2. Attend seminars (PMOC & FP) | City/Municipal Health or DSWD partner | Half-day | 100–300 |
| 3. 10-day publication (“posting of banns”) | LCR bulletin board | Calendar days, may be waived only for special cases (e.g., imminent danger to a party) upon court order | – |
| 4. Claim license | Same LCR | On the 11th day (or thereafter) | Release fee 50–100 |
Validity: The license is valid 120 days nationwide; if unused, it expires and cannot be extended.
4 | The Wedding Ceremony
- Solemnizing Officer. Judge, priest/minister/imam registered with PSA, consul (for weddings abroad), or ship captain/airline chief (during voyage).
- Venue. Any location within the officer’s territorial jurisdiction, unless a church wedding (then diocesan rules apply).
- Form. Exchange of consent personally before the officer and two witnesses.
- Marriage Certificate. Triplicate form signed by parties, witnesses, and officer; officer files it with the LCR within 15 days (or 30 days if abroad).
5 | After the Wedding
PSA Security Paper (SECPA) copy available ~8-12 weeks after LCR transmits records to PSA.
Report of Marriage to the U.S. Embassy (optional but recommended). The U.S. does not have a central marriage registry; however, filing eases immigration/benefits processing.
Change of Civil Status on PhilIDs, passports, SSS, Pag-IBIG, bank records, etc.
Immigration Options
- CR-1/IR-1 Immigrant Visa (spouse) – File Form I-130.
- K-3 Non-Immigrant Spouse Visa – Rarely used today (back-up if I-130 is slow).
- Adjustment of Status if already in the U.S. on another visa.
6 | Special Considerations
| Topic | Philippine Rule | Practical Tip |
|---|---|---|
| Property Regime | Default = Absolute Community of Property (ACP) from date of marriage, unless a Pre-Nuptial Agreement is executed before the wedding. | If future migration to the U.S. is planned, consider a prenup to avoid conflicts with U.S. state law on marital property. |
| Name Change | The Filipino spouse may (never required) use the husband’s surname or any of the four marital‐name options under Article 370 Civil Code. | Update IDs consistently; U.S. name change rules differ. |
| Foreign Divorce | A divorce validly obtained abroad by the foreign spouse can be recognized in PH via a Rule 73 petition (SC Romulo vs. Robles line). | Keep certified true copies of the decree + apostille. |
| Same-sex marriage | Not yet recognized in PH (pending bills and Supreme Court review). | If married abroad, may be valid in U.S. but void in PH for now. |
| Prenatal pregnancy | Pregnancy itself is not an impediment; legitimacy of child governed by Arts. 164–167 FC. | |
| Proxy or online weddings | Not allowed in PH; personal appearance is mandatory. | |
| Witness deficits | If only one witness is present, marriage is voidable but not void; may be ratified by cohabitation (Art. 45-a FC). |
7 | Typical Timeline Cheat-Sheet
| Task | Minimum Days |
|---|---|
| Gather docs | 1–7 (U.S. Embassy notary slot can add 3–14 days) |
| Licence application + posting | 10 |
| Early ceremony date | Day 11 after filing, if all seminars done |
| PSA copy ready | 45–90 |
| I-130 approval (consular) | 8–14 months (average Manila 2025) |
8 | Fees Snapshot (2025, Metro Manila)
| Item | Average Cost (₱) |
|---|---|
| U.S. Embassy notarial (LCCM) | $50 (~2 800) |
| PSA Birth/CENOMAR e-Certificate | 365 each (delivery) |
| Marriage license + seminars | 400–800 |
| Judge honorarium (civil) | 5 000–10 000 |
| Church wedding fees | 15 000–50 000+ |
| DFA apostille per doc | 200 (regular) / 400 (express) |
9 | Common Pitfalls & How to Avoid Them
- Expired licenses – Watch the 120-day clock if venue or travel plans slip.
- Improperly authenticated U.S. divorce decrees – Must be apostilled and filed with PH court for recognition before remarrying.
- Scheduling Embassy appointments late – Slot scarcity can derail timelines; book early.
- Mismatched personal data across documents – Even a middle-name typo delays PSA printing.
- Assuming church requirements equal civil – Parishes add baptism, confirmation, canonical interview, etc., on top of civil paperwork.
10 | Checklist (Print-Friendly)
- PSA Birth Certificate (both, if Filipino-born abroad must have Report of Birth)
- PSA CENOMAR (Filipino)
- Passport biodata pages & photocopies
- U.S. Embassy LCCM or notarized Affidavit of Capacity + apostille
- Divorce/Death certificates apostilled (if applicable)
- Parental Consent/Advice (if 18-25)
- Pre-Marriage Orientation & Family Planning Certificates
- Barangay Certificate (if required)
- Two witness IDs
- Paid marriage license fee receipt
- Optional: Prenuptial Agreement (notarized, 3 copies)
11 | Frequently Asked Questions
Q: Can we skip the 10-day posting?
Only by court order in articulo mortis (death-bed) or similar urgent cases; realistically, no.
Q: Does the U.S. recognize a Philippine marriage automatically?
Yes; present the PSA Marriage Certificate when adjusting status or filing Form I-130. No need to “register” it in the U.S., though a Report of Marriage at the Embassy is prudent.
Q: Will marrying in PH automatically grant the U.S. spouse an ACR-I Card or residency?
No. The foreigner may apply for a 13(a) Non-Quota Immigrant Visa (permanent resident) at BI after marriage, or they may depart and pursue a spousal visa through the U.S. system.
Q: We already had a U.S. civil wedding—do we still need a Philippine ceremony?
Not if the Philippine spouse files a Report of Marriage Abroad with the nearest PH Embassy/Consulate within 30 days (extendable). Without that report, the marriage is not on record in the PH civil registry.
12 | Conclusion
Marrying in the Philippines as a Filipino and a naturalized U.S. citizen is straightforward once you understand the dual regimes at play: Philippine civil law governs the ceremony and registration, while U.S. federal (and later, state) rules matter for immigration and recognition. Start with the U.S. Embassy affidavit, secure the marriage licence early, and double-check every document’s spelling and apostille status. If property planning or migration is on the horizon, draft a prenup and map out the immigration steps in parallel. With orderly prep, you can progress from engagement to a fully registered marriage—and onward to visas or residency—in as little as three to six months.
This article is for general information only and does not replace formal advice from a Philippine lawyer, the Local Civil Registrar, or the U.S. Embassy.