Spouse gaining citizenship

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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ForzaItaliaPgh
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Spouse gaining citizenship

Postby ForzaItaliaPgh » 02 Nov 2010, 16:22

Ciao tutti,

I know a spouse of an Italian citizen is eligible for Italian citizenship, as long as you have been married 3 yrs (or 1 yr if living in Italy). I've been married longer than that (although I wasn't when this process began years ago) so I'm wondering if I get a birth record for my wife if she can apply with me at my appt. Then if I get citizenship, she would as well. Does it work that way, or will she have to file later under Jure Matrimonus after I have my passport? Grazie.

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DeFilippis78
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Re: Spouse gaining citizenship

Postby DeFilippis78 » 02 Nov 2010, 16:25

No, you have to apply first then once your accepted and receive your paperwork she can apply. I think there is a waiting period of 2 years for the spouse

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Re: Spouse gaining citizenship

Postby johnnyonthespot » 02 Nov 2010, 16:30

If you married before April 27, 1983, then your wife was automatically granted Italian citizenship at the time the marriage took place. The fact that you did not at that time know that you were Italian does not affect the outcome - if/when your jus sanguinis case is approved, your wife would be granted citizenship simultaneously. Note: this applies only to women who married Italian men, not the other way around (men marrying Italian women).

If you married after that date, then you have an entirely different situation. Your spouse will have to wait for your citizenship to be recognized and then file a jus matrimonio application after 3 years of marriage if living "abroad" or two years if living in Italy. Jus matrimonio invoves criminal background checks at the local, state, and federal level, a €200 fee paid before the application is filed, and a wait that is typically two years. See more at http://www.consnewyork.esteri.it/NR/exe ... =Published
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DeFilippis78
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Re: Spouse gaining citizenship

Postby DeFilippis78 » 02 Nov 2010, 16:33

I new Carmine would explain it better. Hes been my mentor for a year LOL!

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DeFilippis78
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Re: Spouse gaining citizenship

Postby DeFilippis78 » 02 Nov 2010, 16:35

Wait! 3 years and then 2 years? So 5 years?? My husband and I didnt marry before 83. So once Im approved we have to wait 3 years because we live in the US to file him? Then 2 years for the process? Is that right?

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Re: Spouse gaining citizenship

Postby johnnyonthespot » 02 Nov 2010, 17:04

DeFilippis78 wrote:Wait! 3 years and then 2 years? So 5 years?? My husband and I didnt marry before 83. So once Im approved we have to wait 3 years because we live in the US to file him? Then 2 years for the process? Is that right?


Three years of marriage if residing outside Italy; two years if residing in Italy. The clock starts not when your citizenship is recognized, but when you got married. So, if you married in 1995 and your citizenship jus sanguinis application is approved in 2011, then you have already met the three year requirement and can proceed immediately with the jus matrimonio application.

When filing a jus matrimonio application, the consulate's role is to ensure that you have paid the requisite €200 fee and that your application is in order (all the correct documents, i's dotted, t's crossed). If satisfied, the consulate forwards the entire package to Rome where, according to Italian law, the government has two years to decide whether or not to grant citizenship. Postings I have seen on other boards indicate that Rome typically uses up most of the two year statutory period before issuing its decision.


PS: It may seem like a good idea to get started on the criminal background checks as soon as possible. However, these have an expiration date (three months if I recall correctly), so there is no point in ordering them until you are certain your jus sanguinis case is going to be approved soon.
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DeFilippis78
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Re: Spouse gaining citizenship

Postby DeFilippis78 » 02 Nov 2010, 17:30

Ive been married over a decade. So I should wait to see if Im approved THEN my husband can pay the fee and file? I wonder how strict these background checks are. After all my husband is a cop and was a Marine. I wonder if that will make anything easier

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Re: Spouse gaining citizenship

Postby johnnyonthespot » 02 Nov 2010, 18:01

DeFilippis78 wrote:Ive been married over a decade. So I should wait to see if Im approved THEN my husband can pay the fee and file? I wonder how strict these background checks are. After all my husband is a cop and was a Marine. I wonder if that will make anything easier


I think the difference is that - as I said in another post - you can be a convicted mass murderer and still get citizenship jus sanguinis, because you were either born Italian or you were not. Jus matrimonio, on the other hand, can be denied for any number of reasons, with criminal history being a big no-no.
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ForzaItaliaPgh
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Re: Spouse gaining citizenship

Postby ForzaItaliaPgh » 02 Nov 2010, 18:09

Thanks Carmine,

Unfortunately, I was only on 2 in April of 1983, so the easy way is not for me :( Luckily, my wife isn't a criminal but it looks like it will be awhile before she can get her citizenship. I'm hoping to have my appt sometime in the next 2 yrs, so she'll probably be looking at 4 or 5 yrs from now. Thanks for all the great info.

Would the process be easier or quicker if we moved to Italy after I became a citizen? Kind of a pipe dream, but you never know :)

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Re: Spouse gaining citizenship

Postby DeFilippis78 » 02 Nov 2010, 18:11

Well thank goodness hes never been a criminal, LOL! Thanks Carmine. Your always so informative ;)

Alicia


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