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YOU ARE MARRIED TO AN ITALIAN CITIZEN
If you are not married to an Italian Citizen, , please click here to select the situation that applies to you.
INFORMATION ON ITALIAN CITIZENSHIP THROUGH MARRIAGE
(Art. 5, Legge 5 febbraio 1992, N. 91)
A foreign woman who married an Italian citizen before 04.27.1983 automatically acquired Italian citizenship. (Law n. 555/1912 granted Italian citizenship by marriage to women only).
Law n.91 of February 5, 1992 states that the male or female (foreign or stateless) spouse of an Italian citizen may apply for Italian citizenship after he/she has legally resided in Italy for at least six months, or after three years from the date of marriage if he/she resides abroad, by presenting a request for naturalization accompanied by the following documents, all in original:
1) APPLICATION addressed to the Ministero dell’Interno, Roma
2) BIRTH CERTIFICATE of the applicant. If the applicant was born in the United States this must be a “certified copy” or “long form” or “full form”, with an “APOSTILLE” (a legalization issued by the Secretary of State), accompanied by a translation into Italian.
3) ESTRATTO PER RIASSUNTO DELL’ATTO DI MATRIMONIO issued by the Italian Comune. Parties married outside of Italy who have not had their marriage certificate recorded in Italy by the Italian Consulate with territorial jurisdiction over their place of marriage, must present their certificate to the competent consular authority, requesting its registration in Italy, and subsequently obtain the “estratto per riassunto dell’atto di matrimonio” from the Comune, before presenting their application (please be aware that this may take a varying number of months, depending on the Consulate and on the Comune).
4) CERTIFICATE OF RESIDENCE OF THE APPLICANT. (“Sworn affidavit” concerning residence during the last three years, listing addresses and family members living in the same household (women must give their maiden name). The affidavit must be a statement prepared by the applicant, signed in front of a notary public, legalized with an APOSTILLE from the Secretary of State of the State in which it was issued + TRANSLATION to Italian.).
5) CERTIFICATE OF CITIZENSHIP OF THE ITALIAN SPOUSE (this will be issued by the Consulate of residence at the time of application).
6) “CERTIFICATO DI STATO DI FAMIGLIA” (same as above).
7A) “Police clearance” or “Certificate of criminal records”, issued by the central Authority of each State of which the applicant has been a resident since the age of 14. The certificates must be originals, with an APOSTILLE from the Secretary of State of the State in which it was issued + TRANSLATION to Italian.
7B) F.B.I. clearance with finger prints form (in addition to the above certificate/s), with translation into Italian. This document may be obtained from the Federal Bureau of Investigations, Criminal Justice Information, Service Division – Attn. S.C.U.M.O.D. – D2, 100 Custer Hollow Road, CLARKSBURG, West Virginia 26306.
7C) An applicant who has resided in Italy for six months or more will also need to supply the following:
- CERTIFICATO GENERALE DEL CASELLARIO GIUDIZIALE (Tribunale di Roma)
- CERTIFICATO DEI CARICHI PENDENTI (Procura della Repubblica presso il Tribunale competente per il territorio di residenza)
Please Note: Police records must be dated no more than six months before application.
8) VALID PASSPORT AND PHOTOCOPY OF PAGES CONTAINING PHOTOGRAPH AND OTHER INFORMATION (The copy will be certified by the Consulate).
AN APPOINTMENT MUST BE SCHEDULED WITH THE CITIZENSHIP DEPARTMENT OF THE CONSULATE TO PRESENT THE APPLICATION FOR ITALIAN CITIZENSHIP AND ALL REQUIRED DOCUMENTATION IN PERSON. THE APPLICATION MUST BE SIGNED IN THE PRESENCE OF AN OFFICIAL OF THE CONSULATE.
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ADDITIONAL REQUIREMENTS FOR ALL CATEGORIES (please read very carefully):
Birth, Marriage, Divorce certificates in other languages than Italian, relating to Italian born spouses and to you and your minor children must be translated into Italian. Documents that do not need to be translated into Italian are those relating to the "non-Italian" side, death certificates relating to the Italian side, marriage, birth and divorce relating to "intermediate" ancestors who are not applying for citizenship and the U.S. Certificate of Naturalization or any statement releasing information on the naturalization status of the ancestor. APOSTILLE do not need to be translated.
Documents issued in Countries other than U.S.A. or Italy must comply with the local regulations on the legalization of document, they must be legalized in the Country of issue and must be accompanied by a translation into Italian. To find out how a document should be legalized in its country of origin you may contact the competent Italian Consulate/Embassy. A list of all Italian Consulate/Embassies abroad is available at www.esteri.it.
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DISCREPANCIES:
Check all documents word by word to make sure that there are no discrepancies or changes in the names, last names, dates and places of birth. All documents issued outside Italy must bear the name or family name of the interested parties exactly as issued on the original Italian birth certificate; eg. (Brambilla and not Brimbilla)
All variation or errors must be corrected with an official "affidavit to amend a record" to be requested from the Vital Statistics Office that issued the document or with other appropriate official document.
Please have a list of all the discrepancies that you found in the documents.
This is required for the Citizenship Office to expedite your request.
When all the required documents have been translated into Italian, you can either mail them to the Italian Consulate of the state where you reside or deliver them in person after having made an appointment with the Citizenship Section, along with the application form completely filled out and with a notarized signature.
(USEFUL TIP!: your can download the citizenship applications for some consulates HERE.)
Please enclose a xerox copy of a valid I.D., showing your current address and return the application form mentioning the Comune in Italy requested for the registration of your civil status documents. It could be either your ancestor's Comune of birth, or the Comune where you intend to establish you residency, or the Comune of Rome.
IF YOU ARE CONCERNED THAT ANY OF THE ABOVE PROCEDURE MAY AFFECT YOUR U.S. CITIZENSHIP YOU SHOULD CONTACT THE LOCAL U.S. AUTHORITIES.
Please note: Information above is provided courtesy of "The Consulate General of Italy in San Francisco"
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