Marriage of American Citizens in Italy

 


Information for Marriages of American Citizens in Italy

United States citizens wishing to be married in Italy must appear with two witnesses before the Ufficiale di Stato Civile (Civil Register) of the city or town where he or she plan to get married and must declare his or her intention to marry. At this time the couple must present all required documentation (see below) to the Ufficiale di Stato Civile, after which it is usually necessary for banns to be posted at the local Comune (City Hall) for two consecutive Sundays before the marriage may take place. However, banns are usually waived by the Ufficiale di Stato Civile if neither party to the marriage is an Italian citizen and if neither is residing in Italy.

On the fourth day following the second Sunday on which the banns are posted or any time after the banns have been waived (usually three business days after the declaration to marry before the Civil Register are required), the couple may be married, either in a civil ceremony or a religious one. A civil ceremony is performed by the Ufficiale di Stato Civile or one of his assistants. If a religious ceremony is performed by a Roman Catholic priest, a separate civil ceremony is not required, but the priest must register the marriage with the Ufficiale di Stato Civile in order for it to be legal. Because of the special Italian requirements applicable to marriages performed by non Roman Catholic clergymen, the latter usually insist on a civil ceremony prior to performing the religious one so as to ensure the legality of the marriage.

The following documents must be submitted to the Ufficiale di Stato Civile by both parties when declaring their intention to marry:

  1. United States passport or, if a member of the Armed Forces, identification card
  2. Sworn statement of consent to the marriage by the parents or legal guardian, if the U.S. Citizen is under 18 years of age.
  3. A declaration, sworn to by the United States citizen before an American Consular Officer in Italy, stating that according to the laws to which the citizen is subject to in the United States there is no obstacle to his or her marriage in Italy.
    The American Consular authority must clearly specify in the sworn declaration the person’s identity with name, last name, date and place of birth (including father and mother’s full names), citizenship, residency, and marital status.
    Evidence of identity, of United States citizenship and of marital status (passport, naturalization certificate, birth certificate including father’s and mother’s full names, evidence of termination of any previous marriage -final divorce decree or annulment decree or death certificate) must be shown to the U.S. Consul at the time of making this declaration and any member of the Armed Forces must also present final approval of his commanding officer for the marriage.
  4. A declaration (Atto Notorio), in addition to the sworn statement described in "3)", sworn to by two witnesses and stating that according to the laws to which the citizen is subject to in the United States, he or she is not prohibited from marrying.
    Any U.S. Citizen going to Italy to be married must obtain this declaration either in the United States from the Italian Consulate in USA of their territorial jurisdiction or in Italy through a Notary public or at the Pretura Civile in the city where the marriage will take place.
  5. Certified copies of bride and groom’s birth certificates (long form), which must show the names of both parents, legalized with an Apostille, issued by the Secretary of State where the document was originated. The certificates of birth must be translated into Italian.
  6. If already married, the parties must prove their single status by presenting a certified copy of the death certificate of their spouse or the divorce/dissolution/annulment Certificate of the prior marriage affixed with an "apostille" of the Secretary of State and translation into Italian.

Note: Women who have been divorced or are widows for less then 300 days have to require specific authorization to marry from the competent Italian Tribunal.

The translation must be certified by this Consulate General.

We stress the fact that you must schedule an appointment some weeks before in order to have an "atto notorio" issued from this Consulate General.

If a RELIGIOUS CEREMONY is to be performed by a Roman Catholic priest, a separate civil ceremony need NOT be performed as the priest will register the marriage with the Anagrafe in order for it to be legal. Under Article 13 of the Canon Law, a priest who performs a marriage is required to register the marriage with the Ufficio di Stato Civile within five days of the marriage. The Catholic Church, incidentally, requires documentation in addition to the documents listed above, such as baptismal and confirmation certificates (For full information one must consult one’s priest). At the VATICAN, after the religious ceremony has been performed, the priest will transmit the marriage records to the Stato Civile of the Vatican City in order to have the marriage duly registered with the Vatican civil authority, rather than the Rome clvil authority. Therefore, an American married at the Vatican may request a civil marriage certificate from the civil registry (ARCHIVIO DELLO STATO CIVILE) of the Vatican City.

A couple wishing to be married in a religious ceremony in Italy, and which has already been married in a civil ceremony in the U.S., must communicate the latter to the priest. The priest will not send the marriage records to the office of Stato Civile in the Italian city, since the ceremony was religious only and the civil marriage took place in the U.S.

Because of the special Italian requirements applicable to marriages performed by non-Roman Catholic clergymen, the latter usually insist on a prior civil ceremony before performing a religious ceremony in order to ensure he legality of the marriage. Persons planning a religious ceremony should consult with the priest, minister or rabbi as far in advance of the ceremony as possible.

If the wife is an American citizen and wishes to have her PASSPORT AMENDED to read in her married name, she should call at the American Embassy at Rome or the nearest American consular office in Palermo, Naples, Florence, Milan or Genova with the civil certificate of marriage issued by the Comune and her passport.

If a CIVIL CERTIFICATE is required immediately after the ceremony, it must be requested in advance at the time of making an appointment for the ceremony (a fee per copy is charged) otherwise it may take weeks. The certificate should be requested at the Anagrafe, "Archivio dello Stato Civile,".

An alien does not become a United States citizen through marriage to an American and therefore must have a visa in order to enter the United States. Aliens planning to live and/or work in the United States must apply for an IMMIGRANT VISA at the American Consulate General in Naples. The approval of the necessary petition filed with the Immigration and Naturalization Service (INS) by the U.S. citizen spouse after the marriage, where he or she resides, and the processing of the immigrant visa often take months. Information regarding the petition for the spouse may be obtained from the INS office at Via Veneto 121, 3rd floor, Rome . Visa information and forms may be obtained from the U.S. Consulate General at Naples, Piazza della Republica,


Please Note: Fees and Times are Subject to Change

This Consulate General will accept requests to process the appropriate documentation for U.S. Citizens wishing to be married in Italy ONLY for residents of this consular jurisdiction.

Evidence of residency must be submitted in order to certify the residency of the person.


Information Regarding American Embassy and U.S. Consulates in Italy


DATA SHEET YOU HAVE TO SEND TO THIS CONSULATE IN CASE YOU REQUEST AN "ATTO NOTORIO" ISSUED FROM THIS CONSULATE

APPLICANT: (GROOM)

APPLICANT: (BRIDE)

WITNESS # . 1:

WITNESS # 2: