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hi im joy..im married in the philippines but without marriage licensed

Customer Question
issued,is my marriage valid or...
hi im joy..im married in the philippines but without marriage licensed issued,is my marriage valid or not?
Submitted: 5 years ago.Category: Family Law
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Answered in 28 minutes by:
5/1/2012
Family Lawyer: N Cal Attorney, Attorney replied 5 years ago
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9,532
Experience: since 1983
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My answer is that it depends on several questions.

I have to ask if this was a Muslim wedding, and if it would have been possible to get a marriage license.
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Customer reply replied 5 years ago
its a church wedding atty.. we went to apply for the license but they neex consent from my parents so nobody signed so we just got married without that..we got married dec27,2010.last feb 2,2011 they issued our license coz my aunt signed the papers but the civil registrar wrote marh 7 2011 as our marriage date but the problem is i was here in hawaii that time marh 7,2011
Family Lawyer: N Cal Attorney, Attorney replied 5 years ago
If the registrar registered the marriage, it is a legal marriage, even if the registrar made a clerical error in entering the date of the marriage. You can ask the registrar to correct the date of the marriage if you want to. They would probably accept a declaration from the minister or priest who performed the marriage that it occurred on the date you mentioned.

I hope this information is helpful.

Please tell me if you have a follow up question.
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Customer reply replied 5 years ago
if i will apply for my citizenship atty should i put the real date of marriage but im not present in the philippines or the date that the registrar put in the marriage contract? thanks atty
Customer reply replied 5 years ago
hi atty are you still there?
Customer reply replied 5 years ago
Relist: Answer came too late.
Customer reply replied 5 years ago
Relist: Answer came too late.
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9,934
Experience: Practicing Attorney for over 15 years
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Hello,
Thank you for allowing us to assist you with this problem.

I see that the prior attorney is not available to assist you and you're seeking an immediate response.

You would need to use the actual date your your wedding along with the affirmation from the clergy member attesting to the correct date.

Also, if you wish you should seek to have the records corrected to reflect the trust marriage date.
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Customer reply replied 5 years ago
Do i have to include my affidavit ant the affidavit of the priest who conduct our church wedding atty if i will file for my naturalization.
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
Yes you would need to file your affidavit and the affidavit from the priest along with your naturalization form. Failure to file the forms together may result in rejection.
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Customer reply replied 5 years ago
Do you think atty that they will not ask me how come in the marriage certificate they put march 7, 2011 as the date of marriage in fact that im here in hawaii that date already
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
Most likely they will ask why the dates are different and you must answer truthfully. However, as the prior attorney stated, so long as the marriage is recorded it is a valid marriage and you only issue is addressing the date issue through the affidavits.
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Customer reply replied 5 years ago
But we got married without the marriage license atty.. And they issued the marriage licensed but i wasnt in the philippines already and the registrar just put any date and they based the date they put on the date the marriage licensed was issued , so is that really valid marriage atty? Cause other atty said that marriage is not valid without marriage licensed
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
It was my understanding that you did have a valid marriage license prior to the wedding.

Let me try to clear something up.

You can only have a valid marriage if you had a valid license prior to the wedding.

If you did not have a valid license, then you are NOT legally married. If you are seeking naturalization based upon being married, then that is not a valid application because you are not legally married. If you file an affidavit to seek naturalization on those grounds, then you would be filing a fraudulent document.
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Customer reply replied 5 years ago
So what is your recommendations with my case atty. should i will file for cancellation of my marriage because its not been legal.
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
I can not tell you what to do.

However, you have a invalid marriage that is recorded somehow.

If you want to correct the problem you would need to get married again, this time make sure you have a valid marriage license prior to the marriage. The new marriage would have no affect on the prior marriage and you would only be considered married from the date of the second marriage.

If you do not wish to be married or rather have the confusion of someone thinking you may be married, then your spouse could file for an annulment to have the record corrected.
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Customer reply replied 5 years ago
So what will happen with the old marriage certificate from the NSO atty if i will get married again.
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
If you wish to correct all the problems you would need to file to have the first marriage annuled to clear the records.

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Customer reply replied 5 years ago
Ok atty i will do that but i petition my husbangd already and i used our marriage certificate and i got the approval already, so do i have to withdraw that petition atty.
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
I am truly sorry you are in this position.

I can not tell you what to do as that has to be your decision and telling you what to do would be legal representation which I can not offer. I would suggest that if he had an attorney representing you on the issue, that you talk with him before you withdraw your petition. All I can tell you is that based upon what you shared with me the marriage itself was not valid.
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Customer reply replied 5 years ago
So meaning atty the i should really withdraw the petition because we really dont have relationship when i filed the petition because the marriage was not valid.. So for now atty i cant apply for my naturalization until i fix everything? Or can i apply for naturalization already if i have our marriage cancelled already and i have the papers or proof that the marriage is annulled atty?
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
Again, I can not tell you what to do because that must be your decision. However, you can not knowingly claim naturalization based upon an invalid marriage.
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Customer reply replied 5 years ago
Ok atty tnx
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
You're welcome. If I have answered your questions then I ask that you remember to click ACCEPT because that is the only way I receive credit for my responses.
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Customer reply replied 5 years ago
so what is the best thing to do atty with my case?
Customer reply replied 5 years ago
Relist: Answer came too late.
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago

Hello again.

 

Please understand that as I mentioned before it would not be appropriate for me to tell you what to do because that would create an attorney-client priviledge which can not ethically or legally be created in this forum.

 

I have provided you with a legal answer to your question but can not actually tell you what to do.

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Customer reply replied 5 years ago
so for now atty i cannot apply for my naturalization?
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
Since your marriage is not a legal marriage, then as an attorney I can not tell you to apply for naturalization because that would be submitting an application under fraud.

If you had an immigration attorney representing you on your application process, then I strongly suggest you contact that attorney to help you correct this problem.
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Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
Hello again,

I has been brought to my attention that there one exception to my statement about requiring a valid marriage license prior to getting married to have a valid marriage.

If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license.

I don't believe this exception applies to your situation since the problem was not transportation but rather lack of approval by your parents, but I just wanted to share it with you.
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Customer reply replied 5 years ago
ok atty for now i will not apply for the naturalization because i really believe that without a valid licensed is not valid. but if i have an atty to help me explain what happen can i apply for naturalization atty?
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
No. I can not say it would be okay at this point. I suggest you talk to your immigration attorney prior to applying for naturalization.
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Customer reply replied 5 years ago
ok i get it atty..thank you
Customer reply replied 5 years ago
Relist: Answer came too late.
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
Hello again,

I see you selected "Relist: Answer came too late."

However; I am confused because I have answered all of your questions though you have not click ACCEPT and you did not post a question for me to answer.

I don't understand how I could have answered your question too late when you did not post a new question for me to answer?

Further, you thanked me for my answers prior to seeking a relist?

Since I have answered your questions I would ask that you click the ACCEPT. It is nice that you thanked me but I do not receive credit for my answers until you click the ACCEPT.

Thank you.
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Customer reply replied 5 years ago
i have a new question atty because my husband went to the local registrar and found out that they released our marriage licensed jan 3,2011 and i was still there and the civil registrar put the wrong date in our marriage certificate but my husband has the originsl copy our marriage licensed application and the dates are not match,what should we do atty?
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
Thank you for the new question but I will opt out of further communications.

Though I have enjoyed assisting you with your questions and appreciate you thanking me, I can not continue to answer new questions under the same link without you accepting my responses.

Please do not respond to this post because that will delay another attorney providing assistance if he/she so wishes.

I hope all goes well for you with your application process.

Have a good day.
Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9,934
Experience: Practicing Attorney for over 15 years
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Customer reply replied 5 years ago
Relist: Answer came too late.
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
i have a new question atty because my husband went to the local registrar and found out that they released our marriage licensed jan 3,2011 and i was still there and the civil registrar put the wrong date in our marriage certificate but my husband has the originsl copy our marriage licensed application and the dates are not match,what should we do atty?

The only thing you can do is attempt to have the date corrected if that is what you wish to do by contacting the Registrar. However, you truly do need to let your immigration attorney assist you with this problem too just to make sure it done properly.
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Customer reply replied 5 years ago
ok atty but what will happen with my certificate with the wrong date if they will correct it?
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
If they do accept the correction then it would just be a change in the date. That will not change your original problem but it would provide you with a new document showing the correct date.
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Customer reply replied 5 years ago
is there any possibility atty that they will charge me with fraud for using the certificate with the wrong date?
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
No attorney can say if you will or will not be charges with fraud.

However, it is possible that fraud charges can be filed when a person knowingly prepares, offers to be prepared and submits documentation knowing that information contained in the document is false. This is another reason I have consistantly suggested that you talk further with your immigration attorney before you take any further steps.
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Customer reply replied 5 years ago
eventhough its a clerical error atty?
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 5 years ago
Clerical errors alone would not be fraud. However, the problem goes deeper than a clerical error because the marriage was based upon lack of consent so it's deeper.
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