Do I need approval from my ex to get an Italian passport?

[gmontanaro]

I learned 8 months ago that I meet the criteria for citizenship to Italy through jure sanguinis. I have spent that time acquiring all the documents needed with much time and expense.

My appointment with the consulate in New York is coming up in a few weeks and I just heard (much to my horror) that I need a notarized letter from my ex-wife giving consent to me getting a passport. We had two children from our marriage and apparently, they will be included on my passport if I want them on it or not... so therefore, I need my ex's approval.

This may be very problematic to get.

The advice I received from the person who told me about this, was to wait for my youngest to turn 18 (she's only 4).

Does anyone know if there is a way around this?

Please help.

Here is the link to the NY Consulate Passport page...
http://www.consnewyork.esteri.it/Consol ... assaporti/

[mler]

Can you simply get a passport with just your name on it? I know you'd like your children to be included on your passport, but perhaps you can (after your citizenship is recognized) register their birth certificates so that once they reach their majority, they can obtain passports on their own.

I think this may have something to do with the legality of taking a minor out of the country without approval of both parents. This, however, is something I know little about, so I defer to those who may have a more definitive answer.

[pastasugo]

Why not ask your ex for the notarized letter? If she refuses, will you have someone available to keep the kids while you go to Italy? If not, what good is the passport in only your name (if you won't be able to use it)?

You could get jus sanguinis citizenship and not apply for the passport until the kids are grown. That would also save renewal fees and the annual tax.

[gmontanaro]

Thanks for you responses...

What I heard was that once I become a citizen of Italy, my children will automatically become citizens too. I don't have the choice of just becoming a citizen alone. (It sounded so strange to me.)

Also, it's not just the passport that I need consent from my ex-wife for... one of the documents I am required to produce for my citizenship is her birth certificate.

At this point, she is against the idea of our children becoming dual citizens, so she will probably not give it to me.

It's like a bad dream.

[mler]

Actually, you can become a citizen without your children becoming citizens too. You simply stop at your own birth certificate without mentioning your marriage. Simply, check "single" on the application. That is actually your marital status. If they do ask, you may be required to provide a marriage certificate and a divorce decree, but your ex-wife's birth has no bearing on your own qualification. (And, I'm sure consular officials will understand that an ex-wife may not be too cooperative about providing personal documents for an ex-husband.)

Your children, however, are another issue, and you might want to take it one step at a time. Since your ex-wife is not cooperative, perhaps it would be better to apply only for yourself. Once your citizenship is recognized, you may want to inform the consulate that you have children and register the births with them. They will NOT take your citizenship away from you because you did not give them this information earlier. This will not give your children passports--for that you would need your ex-wife's permission--but it will make the dual citizenship process easier for them when they are adults or your ex-wife changes her mind.

[pastasugo]

You can become an Italian citizen without your children. You don't have to lie and tell the consulate you are not divorced. Be up front with them and tell them you want Italian citizenship, but the childrens' mother doesn't want the children to become Italian citizens. No one can make it mandatory for your children to become Italian citizens.