Italy Citizenship by Marriage

When seeking Italian citizenship through marriage, it is imperative to fulfill specific prerequisites. The process consists of two primary steps as part of the Italian citizenship by marriage or civil union application:

Step 1: Application Submission 

In the initial phase, applicants are required to complete an online application on the Italian Ministry of Interior’s website, along with the upload of essential documents. To initiate this step, applicants must register on the “ALI” portal and establish an account on the Ministero Dell’Interno website. Notably, the “ALI” portal currently operates exclusively in Italian. Italian law mandates that applications for Italian citizenship through marriage or civil union must include the following details:

• A copy of the marriage certificate transcript from the Italian municipality where the Italian spouse is AIRE-registered.
• Criminal background checks covering the applicant’s residences since the age of 14, including an FBI check.
• A certified copy of the foreign birth certificate.

Special Note 1: It is crucial to acknowledge that all criminal background checks and marriage certificate documents hold validity for six months. Consequently, citizenship applications must be submitted within six months from the issuance of the first document. For further information or clarification, contacting the local Italian consulates is advisable.

Special Note 2: The international legalization of documents for foreign use, known as an Apostille, is mandatory for all documents issued in the USA to be considered legally valid. Documents originating from countries other than Italy or the USA must adhere to local regulations concerning certified documents for overseas use. Additionally, all foreign language documents must undergo translation into Italian, with certification of these translations by local Italian consulate(s). (This refers only to USA citizens).

Step 2: Consulate Visit to Finalize Citizenship Application (Including Document and Signature Review)

Upon the completion of the legalization and translation of documents into Italian, applicants progress to step 2 – the online submission and finalization appointment with the consulate. Since the documentation process for Italian citizenship is conducted online, there is no need to schedule an appointment with the Italian Citizenship Jure Matrimonii at the consulate.

Instead, individuals can arrange an appointment with their local consulate/prefettura for the review of their application. An invitation will be extended, specifying the appointment date and time for the submission of original documents.

You will need to present the following documents during the interview:

• Proof of payment in the form of a receipt for the €250 wire transfer.
• The completed application form.
• A list of your residences.
• The original and a photocopy of your Italian passport.
• The original and a photocopy of your non-Italian spouse’s State ID and foreign passport.
• The original and a photocopy of your proof of residency under the consular authority.
• A signed declaration in which both parties confirm their marital status.
• For the non-Italian spouse, an Apostille-certified and Italian-translated long-form copy of their birth certificate. This must contain comprehensive information, including place and date of birth, as well as parental details. If any required information is missing or incorrect on the birth certificate, an affidavit from the diplomatic-consular authority of the applicant’s home country, with the necessary details, is needed. This affidavit must be legalized by the Italian consulate or embassy of the issuing country. If the birth certificate has been translated into Italian by an Italian translator and bears an apostille, it must also be certified by the Italian embassy or consulate of the issuing country.
• The original marriage record from the Italian city.
• Original criminal background checks for all countries where the applicant has resided since age 14, including the USA. These checks must be Apostille-certified and translated into Italian.
• A money order to cover the consular fee for the legalization of translated documents.

Important Notes: You might encounter two terms that are essential to understand:

• Estratto per riassunto: This certification provides essential information from the original record.
• Copia integrale: This is a complete copy of the original entry and includes all the details present in the original record.

One of the most frequently asked questions we encounter pertains to the duration of the citizenship application process. According to Law Degree Oct. 4, 2018, n. 113, the Ministry of Interior Office is allotted a 48-month timeframe to handle citizenship applications, a notable extension from the original 730-day period. Applications based on descent, however, typically have a shorter two-year processing window, although they may sometimes progress at a quicker pace.

 Due to the high volume of applications requiring Ministry review, the processing duration tends to be quite lengthy. While it could take up to three years, the Ministry of Interior Office frequently expedites these applications well ahead of the stipulated legal timeframe.

In the event that the four-year limit elapses without a response from the Ministry of Interior Office, the applicant has the right to demand a formal response by submitting a “Diffida” letter. Such letters often accelerate the review process, as the Ministry seeks to avoid potential legal disputes and the associated legal costs. Typically, these “Diffida” letters are sent by an attorney on behalf of the applicant, though applicants themselves can also send them. It is worth noting that attorney-drafted “Diffida” letters tend to yield more effective results than those sent directly by applicants. If your application is nearing or has exceeded the legally allowed deadline, do not hesitate to reach out to us for legal assistance.

It’s crucial to recognize that certain events, such as divorce, annulment, dissolution of marriage, or the passing of an Italian spouse during the application processing period, can interrupt the process. Additionally, if the consulate or prefettura encounters difficulty in contacting the applicant for any reason, it can lead to a pause in the process. To ensure a smooth processing experience, it is essential to promptly inform the consulate of any changes in your contact information.

A foreign woman automatically acquired Italian citizenship upon her marriage to an Italian man, provided that the marriage took place prior to April 26, 1983. If this situation applies to you, please feel free to get in touch with us, and we can assess your eligibility and guide you through the Italian citizenship acquisition process. It’s important to note that this citizenship may still be granted even if your Italian spouse has passed away or if you are no longer married, as long as the marriage was deemed valid as of April 26, 1983.

The necessary documents for this process include:

• The original and a copy of your USA passport (or your country passport).
• Consular fees amounting to €300 – please verify the USD equivalent on your local consulate’s website (exchange rates change quarterly).
• Proof of residency under the consular authority.
• Your marriage certificate, which must be translated into Italian and authenticated with an Apostille.
• Your birth certificate, which must be Apostille-legalized and translated into Italian.

It’s important to be aware that the automatic Italian citizenship granted after marriage (pursuant to Law no. 123) ceased to be effective after April 27, 1983. Subsequently, foreign individuals, regardless of gender, are treated equally, and they do not automatically acquire Italian citizenship upon marrying an Italian resident. If you are uncertain about your eligibility for Italian citizenship through marriage or civil union, we offer a complimentary phone consultation to provide guidance.