Marriage Requirements for a US Tourist Visa Holder and a Green Card Holder: Philippine Context

Introduction

In the globalized world of today, cross-border relationships often lead to marriages involving individuals with varying immigration statuses. This article explores the marriage requirements for a holder of a United States (US) tourist visa (typically a B-1 or B-2 visa) and a US Green Card holder (a Lawful Permanent Resident or LPR) within the Philippine context. The Philippine context implies that at least one party is a Filipino citizen, the marriage is solemnized in the Philippines, or Philippine laws govern aspects of the union due to nationality or residency ties. Philippine family law, primarily governed by the Family Code of the Philippines (Executive Order No. 209, as amended), emphasizes the validity of marriages based on legal capacity, consent, and compliance with formal requisites.

This comprehensive discussion covers the legal framework, essential requirements, special considerations for each party's immigration status, procedural steps, potential challenges, and post-marriage implications. It draws from Philippine civil law, international private law principles (such as those under the Hague Conventions where applicable), and relevant US immigration intersections, ensuring a holistic view for couples navigating this scenario.

Legal Framework Governing Marriages in the Philippines

Marriages in the Philippines are regulated by the Family Code, which applies to all citizens regardless of where the marriage occurs, and to foreigners marrying in the country. Key principles include:

Lex Loci Celebrationis: The form and solemnization of the marriage are governed by the law of the place where it is celebrated (Article 17, Civil Code). Thus, if the marriage takes place in the Philippines, Philippine rules apply.
Nationality Principle: The capacity to marry is determined by the national law of the parties (Article 15, Civil Code). For a Filipino party, Philippine law requires they be at least 18 years old, single, and free from impediments like bigamy.
Essential Requisites: Free consent, legal capacity, and absence of impediments (Article 2, Family Code).
Formal Requisites: Authority of the solemnizing officer, a valid marriage license (unless exempted), and a marriage ceremony with at least two witnesses (Article 3, Family Code).

For international marriages, the Philippines recognizes unions valid under foreign laws if they comply with Philippine public policy. However, divorces obtained abroad by Filipinos are not recognized unless initiated by a foreign spouse (Article 26, Family Code).

In this context, a US tourist visa holder is typically a non-immigrant visitor to the US, while a Green Card holder enjoys permanent residency but not US citizenship. If either party is Filipino, their citizenship adds layers of compliance under Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act) for dual citizens, though Green Card holders retain Filipino citizenship unless naturalized as US citizens.

General Marriage Requirements in the Philippines

To marry in the Philippines, both parties must fulfill baseline requirements, regardless of immigration status:

Age and Capacity:
- Both must be at least 18 years old. For ages 18-21, parental consent is required; for 22-25, parental advice is needed (Articles 14-15, Family Code).
- No existing marriage or legal impediments (e.g., insanity, impotence, or close blood relations).
Documents Required for Marriage License:
- Application form from the Local Civil Registrar (LCR) of the city or municipality where one party resides.
- Birth certificates (original or certified true copies).
- Certificate of No Marriage (CENOMAR) from the Philippine Statistics Authority (PSA) to prove single status.
- Valid IDs (e.g., passport for foreigners).
- Pre-marriage seminar certificate from the Department of Social Welfare and Development (DSWD) or accredited providers.
- Parental consent/advice if applicable.
- Payment of fees (approximately PHP 200-500, varying by locality).
Marriage License Application Process:
- Submit documents to the LCR.
- 10-day posting period for public notice.
- Issuance of license valid for 120 days.
Solemnization:
- Performed by authorized officers: judges, mayors, priests, imams, rabbis, or ministers registered with the LCR.
- Ceremony must include the couple's declaration of intent before witnesses.
- Registration of the marriage certificate with the LCR within 15 days, followed by PSA endorsement.

Exemptions from the license include marriages in articulo mortis (deathbed), remote areas, or among Muslims/Indigenous peoples following customary laws.

Special Requirements for Foreign Nationals (Including US Tourist Visa Holders)

If the US tourist visa holder is a foreign national (not Filipino), they are treated as a foreigner under Philippine law:

Certificate of Legal Capacity to Contract Marriage (CLCCM): Issued by their embassy or consulate in the Philippines. For US citizens or residents, this is obtained from the US Embassy in Manila, affirming no legal impediments under US law. Requirements include:
- Affidavit of single status.
- Divorce decree or death certificate if previously married.
- Passport and visa details.
- Fee: Approximately USD 50.
Visa Status Considerations: A US tourist visa pertains to US entry, not Philippine immigration. To enter the Philippines for marriage, the foreigner needs a valid Philippine visa or visa-free entry (e.g., 30 days for US passport holders). Overstaying or marrying on a tourist visa in the Philippines is permissible as long as no fraud is involved, but intent to marry should be disclosed if queried by immigration.
Authentication of Documents: Foreign documents must be authenticated by the issuing country's embassy and the Philippine Department of Foreign Affairs (DFA) via apostille (if from a Hague Apostille Convention country like the US) or red ribbon certification.
Residency Requirement: At least one party must have resided in the Philippines for 30 days before applying for the license if both are foreigners, but this is waived if one is Filipino.

If the tourist visa holder is a Filipino temporarily in the US on a B visa, they revert to standard Filipino requirements upon return, with no special visa-related hurdles for marrying in the Philippines.

Special Considerations for Green Card Holders

A US Green Card holder is a permanent resident alien in the US but retains their original citizenship (e.g., Filipino). Key aspects:

Citizenship Status: If the Green Card holder is a Filipino citizen, they are treated as a Filipino for marriage purposes, requiring only standard documents like CENOMAR. Their Green Card does not alter capacity under Philippine law.
If Naturalized US Citizen: Under RA 9225, they may re-acquire Filipino citizenship, but for marriage, US law governs capacity if they are solely US citizens. They would need a CLCCM from the US Embassy.
Documentary Proof: Present Green Card as ID, but it does not replace PSA documents for Filipinos. If abroad, documents can be obtained via PSA e-services or consular offices.
Tax and Property Implications: Marriages involving Green Card holders may trigger US tax reporting (e.g., FBAR for foreign assets) or Philippine absolute community of property regime (Article 75, Family Code), unless a prenuptial agreement specifies otherwise.
Travel and Residency: Green Card holders must maintain US residency (no abandonment via prolonged absence), so planning the wedding around US re-entry is crucial. Re-entering the US post-marriage requires compliance with CBP rules.

Procedural Steps for the Couple

Determine Venue: If marrying in the Philippines, choose a location (civil or religious).
Gather Documents: Filipinos use PSA; foreigners use embassy-authenticated papers.
Apply for License: At LCR, with 10-day wait.
Solemnize and Register: Ensure witnesses and timely filing.
Post-Marriage: Obtain annotated marriage certificate from PSA for legal uses.

For civil marriages at Philippine consulates abroad (e.g., in the US), similar requirements apply, but solemnized by consular officers.

Potential Challenges and Legal Pitfalls

Bigamy Risks: If either party has a prior marriage, ensure it's annulled or dissolved validly. Foreign divorces are scrutinized for Filipinos.
Immigration Fraud Allegations: Marrying a tourist visa holder in the Philippines does not inherently violate US visa terms, but if the intent was US immigration, it could lead to visa revocation. Green Card holders can petition for spouses via Form I-130, but adjustment of status for the tourist visa holder requires careful timing to avoid visa misuse claims.
Cultural and Religious Aspects: If one party is Muslim, the Code of Muslim Personal Laws applies. Indigenous customs may supersede in certain cases.
COVID-19 or Emergency Protocols: Virtual ceremonies or reduced requirements may apply under special circumstances, as per LCR guidelines.
Costs: Total expenses range from PHP 5,000-20,000 for basic civil weddings, excluding travel.

Immigration and Post-Marriage Implications

While the focus is on marriage requirements, post-union effects are noteworthy:

For the Tourist Visa Holder: If marrying a Green Card holder, they may apply for a spousal visa (IR-1/CR-1) after petition approval, but must return to their home country for consular processing unless eligible for adjustment.
For the Green Card Holder: Petitioning a spouse extends their path to US citizenship, but processing takes 12-24 months. Family unity is promoted under US INA Section 201.
Philippine Recognition: The marriage is valid in the Philippines if compliant, allowing joint property ownership or adoption.
International Recognition: Valid Philippine marriages are recognized in the US under comity principles, aiding immigration filings.

Conclusion

Navigating marriage between a US tourist visa holder and a Green Card holder in the Philippine context requires meticulous adherence to the Family Code's requisites, tailored to each party's nationality and status. By securing necessary documents, understanding legal capacities, and addressing immigration nuances, couples can ensure a valid union. Consulting a Philippine lawyer or the US Embassy for case-specific advice is recommended to mitigate risks and facilitate a seamless process. This framework not only upholds the sanctity of marriage but also respects international legal harmonies.