MARRIAGE OF U.S. CITIZENS IN MILAN'S CONSULAR DISTRICT
(Last updated: March 2008)
US citizens planning to marry in Italy must present certain
documents and comply with specific requirements of Italian law in order to
obtain a marriage license. The process is time consuming, as it involves visits
to several different public offices, which may be crowded and open to the
public for only a few hours a day. The documents required and the procedures to
follow are described below.
PLEASE NOTE: Marriages cannot be performed by American
Consuls, or take place on the premises of the American Consulate.
PLEASE NOTE: The following list of documents is given as an
indication only. The applicable law on marriages is one and the same all over Italy,
but City Halls may interpret it in slightly different ways. Please contact the
marriage office in the City Hall where you intend to get married to get a
definitive list of documents to be submitted to that office.
1. Valid US passport (members of US Armed Forces can present
their ID card, along with a permission to marry
issued by their Commanding officer).
2. Birth certificate (original or certified copy).
3. Evidence of the termination of any previous marriage, if
applicable (e.g.: final divorce decree, annulment decree or death certificate
of former spouse).
4. Affidavit, sworn to by the US
citizen before a US Consul
commissioned in Italy,
stating that there is no legal impediment to the marriage, according to the
laws of the State of which the citizen is a resident. This sworn statement is
often referred to as "Nulla Osta" by Italian
authorities. Note that a pending divorce, for example, would be an obstacle.
Your legal status must be such that you can legally marry under Italian and US
law. To make this affidavit at the US Consulate General in
Milan, please make an appointment here
(appointments are generally available on Tuesdays and Thursdays). A $30
fee (or the equivalent) is charged for administering the oath (major credit
cards are accepted).
NOTE: Once issued, this affidavit must be stamped by the
Legalization Office of any Prefettura in our Consular District (there is one in
every province capital). In Milan,
the Prefettura is on Corso Monforte 31, tel. 0277584332 www.prefettura.milano.it. In Venice, the Prefettura is
at San Maurizio 2661, tel. 0412703411 www.prefetturavenezia.it. In Como, the Prefettura is on
Via Volta 50, tel. 0313171 www.utgcomo.it.
Public hours at Prefetturas are generally from 9AM to 11AM, Monday through
Friday. A 14.62 revenue stamp ("marca da bollo") is required buy
it from any tabaccaio (tobacconist's).
5. Atto Notorio: This is a declaration, in addition to the
sworn statement described under point 4, stating that according to the laws to
which the citizen is subject in the United States there is no obstacle to
his/her marriage. This declaration is to be sworn to by two witnesses (a
witness may be of any nationality, but must be over 18, with current photo ID),
before an Italian Consul outside Italy
or, in Italy,
before a Court official in the city where the marriage is to take place.
US citizens coming to Italy to be married are best advised to obtain
this declaration at a Consulate of Italy
before leaving the United States, as some Courts may have long waiting
lists for this service. Those who decide to request the Atto
Notorio in Italy
should contact the Court having jurisdiction over the city where they intend to
marry in a timely fashion, and make an appointment ahead of time. In
Milan, the Court office
to be contacted is at the Palazzo di Giustizia (Courthouse) on Via Freguglia 1,
tel.: 0254333175. Hours: 9 AM to 1 PM, Monday through Friday.
6. A woman whose previous marriage was terminated within the last 300 days must
obtain a waiver from the Procura della Repubblica presso il
Tribunale (District Attorney's office) at the Palazzo di Giustizia
(Courthouse), in the city where the new marriage will be performed. Such waiver
is issued upon presentation of medical evidence that the applicant is not
pregnant.
7. Declaration of Intention: Bride and groom should present
all the above documents to the Ufficio Matrimoni (Marriage Office) of the
Municipio (City Hall) in the city where the marriage will be performed, and
make a "Declaration of Intention to Marry" before an Ufficiale di
Stato Civile (Civil Registrar).
The Milan City Hall's marriage office is on Via Larga 12, tel. 0288462132, fax
0288460180 www.comune.milano.it
(hours: 8:30AM/12PM and 2:30/3:30PM, Monday through Friday).
The Venice
office is at Cā Farsetti, San Marco 4136, tel. 0412748833, fax 0412748475 www.comune.venezia.it.
Banns are posted only after the Declaration of Intention to Marry has been
filed. Finally, the day of the wedding can be established.
NOTE:
All documents originating out of Italy (birth certificate, divorce
decree, etc.) MUST be translated into Italian. Both the original documents and
the translations MUST be legalized for use in Italy,
with the so-called "APOSTILLE" stamp, in accordance with The Hague Convention on
the legalization of foreign public documents. In the US, the "APOSTILLE" stamp
is placed by the Secretary of State in the State where the document was issued.
Under Italian law, all public documents regardless of their origin
are considered valid for only six months from the date of issue. Americans
are therefore advised to make sure that all documents to be submitted to
Italian authorities have not been issued more than six months ahead of the
marriage.
BANNS AND MARRIAGE CEREMONY
Civil Banns must be posted at the Town Hall for two
consecutive weeks including two Sundays before the marriage can take place.
However, banns are automatically waived if neither party to the marriage is an
Italian citizen or a resident of
Italy. A civil ceremony is
performed by the Mayor or one of his deputies. At this time you will need two
witnesses. If necessary, one of the two can also serve as interpreter.
If a religious ceremony is to be performed by a Catholic priest, a separate
civil ceremony will not be needed, as the priest will register
the marriage with the civil authorities. The Roman Catholic Church requires
documentation besides the documents listed above (such as baptismal
and confirmation certificates and letters of freedom). For complete information
you should check with your priest. Because of the special Italian requirements
applicable to marriages performed by non-Roman Catholic ministers, the latter
usually insist on a prior civil ceremony before performing a religious ceremony
to ensure the legality of the marriage. Persons planning a religious ceremony
should consult the priest, minister or rabbi as far before the ceremony as
possible.
The same procedures apply in any town and commune in Milan's consular district. Addresses and
locations of the appropriate offices in other cities can be obtained from the
local telephone directory, through directory assistance, or on www.paginebianche.it.
TRAVEL TO THE UNITED STATES
A US
citizen does not acquire Italian citizenship through marriage to an Italian. An
Italian does not become a US
citizen through marriage to a US
citizen and therefore he/she must have a visa to stay in the United States
for more than 90 days. A US
citizen who desires to live in the US with a foreign spouse must file
a "Petition for an Alien Relative" with the US Citizenship and
Immigration Service (www.uscis.gov). Once
the petition has been approved, the paperwork is forwarded to the American
Consulate General in Naples,
which will issue an immigrant visa to the foreign spouse. The approval of the petition
and the processing of the immigrant visa often take months. Application forms
and further information may be obtained from the US Visa Information Service on
899 343 432 (from Italy
only). From outside of Italy
call (++)3902 3032 9656 each call costs a flat service rate of 15.- plus
the international phone rate normally charged for calling a number in Italy.
This service rate must be charged to a Visa or MasterCard credit card.
ADDITIONAL INFORMATION
A foreign marriage which is valid in the country where it is performed is
automatically valid in the US.
An Italian marriage certificate is sufficient to prove your marriage, once
legalized through the 'apostille' procedure by the Legalization office of the
Italian Prefettura having jurisdiction over the area where the marriage was
performed (there is one Prefettura in every province capital).
The foregoing is provided for general information only. US Consular
Officers are not trained in Italian law and consequently are not qualified to
interpret Italian marriage requirements. Anyone wishing more detailed
information should consult the appropriate Italian authorities, such as an
Italian Consular Officer in the US, Civil Registrars at Town Halls, or a lawyer
licensed to practice in Italy.
It is emphasized that several days may be needed to complete all the
procedures. The time will vary depending upon the number of marriages to be
performed by the civil authorities. Waiting lists are not uncommon,
particularly in such popular places as Venice,
Bellagio, or Portofino,
or in certain times of year, such as May, June or September.
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