Frustrated -- At Wits End

[jennabet]

Also UWlaw, I am an Italian citizen, having been recognized in 2001. My fiancee and I are retired and plan on moving back to Italy this coming Spring after my fiancee obtains an elective residence visa.

We now have all of his documents ready (with apostilles). Since this case is not cut and dried, would it be better to present it to our Consulate or to present it to our Comune?

[uwlaw]

Mler makes a very good point. I do not know whether the law may have considered the act of being married an effective 'emancipation' such as would free the child from the effects of Article 12 of the 1912 law and instead make them subject to Article 8 (which only results in the loss of Italian citizenship if the person themself takes an affirmative act to accept a foreign citizenship). Note that, by its terms, Article 12 expressly applies only to non-emancipated children.

There may be a cut-and-dry legal answer to this as it may be addressed in the statutory scheme or at least the Circolari, or it may be an issue of interpretation. If the former, you'll likely get the same response from either the consulate or the comune (if they're doing their job) and it doesn't matter which you approach. If the latter, your results may vary.

[jennabet]

Again, thanks for the excellent advice. We are feeling confident.