US Marriage/Divorce not registered abroad & no record le

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
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domenicodibari
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US Marriage/Divorce not registered abroad & no record le

Postby domenicodibari » 11 Feb 2009, 02:15

So, I am not sure how unique my situation is, but it is frustrating nonetheless.

My father is living Italian citizen. My mother is American. My parents were married in the US. My father never naturalized and when they divorced he moved back to Italy where he currently resides.

I have been working on my dual citizenship (in NY) for almost 3 years now. I have had two visits to the consulate. Every time I go, I have more tasks to complete.

Apparently, their marriage and divorce was never registered in Italy. This needs to be done before my paperwork can be processed. I believe this means I have to request another certified, long form, apostilled copy of their marriage and a divorce ruling with apostille -- they both have to be translated. However, I am not sure if I can register them, or if my living parents have to do this. (I don't think either are too keen on the idea of their relationship being registered abroad which doesn't help either. My dad is afraid of the U.S. government since the divorce was kind of unpleasant.) Has anyone had to do this?

Also, I have been trying to get a "no record" letter for two years and have been getting the run-around.

I first requested this from USCIS records in DC, only to have the letter returned. I had my father fill out a FOIA at the U.S. Embassy in Milan and sent that a second time certified mail and they claimed they never received it. I sent another FOIA to Ft. Lee Summit in July 2007 only to receive 61 pages of my father's record (including bank statements), but was referred to send a letter to the BCIS/HQORM, Record Services Branch in DC again!

I know my father never naturalized. He is an Italian citizen. I even showed the consulate his old passport and copies of the new one. How do I get a 'no record letter"? Where do I send my request? What needs to go in the letter itself?

I have been trying for what seems like forever. There has been so much time and money put into this, especially since I have to communicate in two languages between divorced parents. I am on the verge of giving up. Or at the very least farming it out to a company which seems like a stupid thing to do since I have so much of the documentation. (Oh, and I still need my dad's birth certificate and to translate everything into Italian...)

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PeterTimber
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Re: US Marriage/Divorce not registered abroad & no recor

Postby PeterTimber » 11 Feb 2009, 04:33

sometimes paying for advice is an investment and not an expense . =Peter=
~Peter~

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johnnyonthespot
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Re: US Marriage/Divorce not registered abroad & no recor

Postby johnnyonthespot » 11 Feb 2009, 06:51

domenicodibari wrote:I know my father never naturalized. He is an Italian citizen. I even showed the consulate his old passport and copies of the new one. How do I get a 'no record letter"?


This doesn't make sense. The New York consulate's downloadable information documentclearly states, "YOUR FATHER'S CERTIFICATE OF NATURALIZATION or his Italian passport and "Alien Registration Card" ("green card")."

Note that tiny word, "or". I cannot imagine why they would also want proof of non-naturalization. I wonder if they would accept a Certificato di Cittadinanza instead? You (he?) would request that from his comune's Anagrafe office.

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domenicodibari
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Re: US Marriage/Divorce not registered abroad & no recor

Postby domenicodibari » 11 Feb 2009, 13:09

Since my father needs his passport, I do not have his current passport which is what is require to process the request. A photocopy does not suffice. I would like to send for a "no record" letter as back up. I feel you can never be too prepared when dealing with bureaucracy. If anyone has suggestions on how to go about obtaining this letter, or what it means that the FOIA came back with 61 pages and if that does constitute a record, that would be greatly appreciated. Thanks.

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johnnyonthespot
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Re: US Marriage/Divorce not registered abroad & no recor

Postby johnnyonthespot » 11 Feb 2009, 14:20

domenicodibari wrote:Since my father needs his passport, I do not have his current passport which is what is require to process the request. A photocopy does not suffice. I would like to send for a "no record" letter as back up. I feel you can never be too prepared when dealing with bureaucracy. If anyone has suggestions on how to go about obtaining this letter, or what it means that the FOIA came back with 61 pages and if that does constitute a record, that would be greatly appreciated. Thanks.


In my opinion, the Certificato di Cittadinanza should serve as well or better than a passport. Contact the consualte and see what they have to say about it.

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Re: US Marriage/Divorce not registered abroad & no recor

Postby mler » 11 Feb 2009, 17:39

Any thoughts about applying in Italy at you father's comune? They know your father is a citizen and if you go in with him, they may not ask for as much documentation.


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