Jus matrimoni Question..

[LoveJesus22]

I got a question about Jus matrimoni....my Dad got his citizenship now Jus Sanguinis Application ( Through his mother )...and we will apply later as the same(me and my sister)...for my mother now....does she need to wait for three years as my father is officially recognized now and as she's resident abroad with the Italian Man..Or she can apply anytime and the three years of wait are over from along time as much as they were married 26 years ago ?..

[corrado]

no if they have been married 3 years they can apply now. Of course she needs a copy of the Marrige record created in your comune. That is my problem, there seems to be some glitch there. Also there is a 2 year wait for citizenship after the application, or so they say. And it costs 200 euros and all those police reports and apostiles and translations and such..... ooh wait you may not need the police reports if they were married in 1983 or ealier those arn't needed.

[johnnyonthespot]

no if they have been married 3 years they can apply now.

It may not be quite so easy.

First, as corrado correctly points out, if they married prior to April 27, 1983, then your mother should have automatically been recognized as an Italian citizen the moment your father was recognized and this would have been back-dated as it were back to the moment the priest or other officiant said, "I now pronounce you man and wife."

However, since you said they have been married 26 years, I presume that means they wed after the magic date. So, now it becomes more complex.

The assumption has always been that so long as they have been married at least three years if living outside Italy or two years if living in Italy, they are immediately able to apply jus matrimonio after obtaining the aforementioned registered marriage act from the comune. However, there is a thread over at the ExpatsInItaly forum in which at least one comune insisted that the clock starts when the marriage is registered, not when it took place. The couple involved live in Australia and had been married - I forget - 10 or 20 years - but the comune insisted that they now had to wait the additional two or three years before filing a jus matrimonio application.

Do not waste time or effort on the FBI and local police background checks until you have ironed out this issue; the background checks expire after only a few months. Also, as corrado noted, there is a €200 fee to be paid before the application can be filed. Unlike jus sanguinis cases where the consulate makes the final decision, in jus matrimonio the consulate's role is to ensure that the application is in order and then forward the entire package to Rome. By law, the powers-that-be in Rome have 730 days in which to render a decision and rumor is that they usually take 720 days to do so.

Finally, consider whether there is any real value in pursuing this at all. As the spouse of an Italian citizen, your mother would have all of the usual rights to live, work, and obtain healthcare in Italy (so long as she is accompanying your father). Yes, a bit more paperwork involved but all very straightforward stuff.

[LoveJesus22]

Well , i want to be more sure that i understood the case good..
They were married in church in 1985 (after 1983)...and my father is recognized Jure Sanguinis in 2011...

1-SO....My mum has the right to apply at any time in the consulate but must wait for 2 years to has the final answer from Italy ?

2-She must pay 200 Euro as fees of application Plus she must get No Crimes record from the resident country ?

3- That means that if a new Italian citizen is now married , his wife must wait 3 years of waiting time as a new spouse of Italian citizen who's resident out of Italy , then 2 additional years of application time = 5 years of waiting Until citizenship is recognized ?

4-Her application might be rejected or its her right but the two years are just waiting time..


Grazie,
Vittorio.
..

[corrado]

Vittorio,
You better visit your consulate and ask them in person> Let us know what the answer is. And it may depend on your consulate. so go right the source and ask.

[johnnyonthespot]

If I might jump in again,

1. Depending on your consulate's view, your mother can either apply immediately or she must wait three additional years. As corrado says, only your (her) consulate can answer this question with certainty.

After the application has been submitted, Rome has a two year (I think the law actually says 730 days) time limit for processing. Every report I have ever read says that Rome normally uses the entire 730 days allowance before rendering its decision.

2. Required criminal records vary depending upon the country/countries of residence. Here in the United States, records must be obtained from the FBI (Federal Bureau of Investigation; similar to national police in other countries) and state police for each place in which the applicant lived after the age of 14.

The €200 fee must be paid by electronic wire funds transfer and must be on record before the application can be submitted to the consulate. Your consulate will give instructions concerning how and when to make the payment.

3. Correct. This applies to a man who marries an Italian citizen woman, or to a woman who marries an Italian citizen man. Prior to April 27, 1983 exception was made for a woman who married an Italian citizen man; she was automatically granted Italian citizenship immediately after marriage. The two and three year wait times are cut in half if there is a child in the marriage and, if I recall correctly, under a few other special circumstances.

4. Correct. An application can be rejected for any reason, but especially if the applicant has a criminal history. Another obvious reason would be if the applicant's current citizenship appears to be in doubt or falsified (forged papers, etc).

Regarding the criminal history, there was a thread posted on the ExpatsInItaly board last year (?) about an application for Italian citizenship which was denied because the applicant had once been convicted of the minor crime of having been involved in fistfight at a bar/pub. If I recall correctly, the applicant was a long-term resident or possibly even born in Italy and was seeking full Italian citizenship rights.

[LoveJesus22]

Grazie Mille Per Informazione Cosi...
I Appreciate your answers so much....And Am Still Waiting for my Appointment...