Citizenship denial due to naturalization

[LOT1804It]

Can anyone offer me an opinion regarding the following situation. I would really appreciate it. Thank you in advance.

I was born in the U.S. of Italian ancestry, and became recognized as an Italian citizen by descent (jure sanguinis) on March, 2018, following a 5-year document accumulation and application waiting process.

My wife subsequently applied for Italian citizenship recognition (cittadinanza per matrimonio) according to rules and requirements for marriages to Italians prior to April 27, 1983. The details: We were married in 1970 in the United States, which to my understanding made her an immediate Italian citizen (unrecognized) since I was also an Italian citizen (unrecognized at that point). At the time of our marriage, she was a Colombian citizen studying in the U.S. on a student visa. Shortly thereafter, she acquired U. S. Resident Alien status based on our marriage. We then had two children born in 1975 and 1977. On November 14, 1983, thirteen years after our marriage, she naturalized as a U.S. citizen.

All of her Italian citizenship recognition documents are in order, translated, stamped, notarized, with multiple apostilles, so there is no complication there as noted by the Italian consulate. However, she was recently denied Italian citizenship recognition with the following explanation (from the Italian consulate):

“I (consular agent) have received by mail your (my wife's) application for recognition of citizenship by marriage but I am afraid I will not be able to proceed. The problem is the fact that your US naturalization took place on 14 November 1983 and for the law in force at that time any Italian citizen who voluntarily acquired another nationality would automatically lose the Italian one (so even if you had the right to the Italian citizenship when you married in 1970, with the US naturalization on 14/11/1983 you would lose the Italian citizenship). Only with the new law on citizenship in 1992 Italians were allowed to have more than one nationality.”

Is this really an accurate interpretation of the law, or is this a thin, convoluted reason for denial of her citizenship recognition?


Thanks so much.

[mler]

Unfortunately, that is correct. Before 1992, naturalization caused the loss of citizenship no matter how it was acquired.

Your, children, however, are not affected by this; and should you decide to reside in Italy, your wife, as the spouse of an Italian citizen, can live there as well.

With the new JM laws that require B1 language proficiency and that have extended the length of the citizenship process, more people are opting to go that route.

I would think, however, that if citizenship is important to your wife, she may be able to apply JM. I’m not certain of this, but I think it’s quite possible.

[LOT1804It]

Thank you for your response which is reassuring related to my wife being able to reside with me in Italy without a problem. My next question would be, does "to reside" mean owning a house, or can we make a long-stay visit to Italy beyond the normal 3 month limit? And if so, what kind of a visa would she need to stay/travel with me a longer length of time? Thanks again.

[mler]

You both can live in Italy for as long as you wish, and you can certainly buy property there. She would get a family Visa. You can find specifics on your consulate website. This should provide the information you need.

https://www.limonatalounge.com/permesso ... n-citizen/

[LOT1804It]

Thank you so much MLER. You have been so helpful!!

[mler]

Best of luck to you both.

[bbivona]

Thank you for your response which is reassuring related to my wife being able to reside with me in Italy without a problem. My next question would be, does "to reside" mean owning a house, or can we make a long-stay visit to Italy beyond the normal 3 month limit? And if so, what kind of a visa would she need to stay/travel with me a longer length of time? Thanks again.

Owning a house is not an issue at all. My wife and I are US citizens and I've only begun the Italian dual citizenship process this year, but we purchased a house there 5 years ago. My citizenship caused no issues in getting property or bank accounts. I know she can be be essentially a permanent resident with you, but I don't know anything about the specific visa she needs to get.

[falconijo]

You may want to check this document-- I just happened to notice the section about REACQUISITION. It may apply to your situation.

https://conssanfrancisco.esteri.it/reso ... shipSF.pdf

[mler]

That seems likely to work.

[ShirleyDavis]

where did you live now?