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Turista
Posted
Don't know if this is the right forum to post in but my Italian husband and I (American) may be getting divorced. We have three kids, born in italy with dual citizenship. We now live in another country overseas and now that we may divorce, i imagine my husband will want to move back to Italy, and I also may wish to live there as I pretty much consider it my home now. Because we have small kids I will probably also want to live there when the kids are with him. I never filed for Italian citizenship but think this will make my life easier and I should probably do it. Is it possible to file even if we file for separation. I understand we need to file for separation before divorce.
Also how long is the process of getting citizenship?
We have been married 8 years.
Please no comments as to the morality of this as this is very, very hard for me even to write.
Thanks.
 
Posts: 2 | Location (City & State): Italy | Registered: 15 October 2008Reply With QuoteEdit or Delete MessageReport This Post
Volo Libero
Cittadino
Posted Hide Post
You can apply for a pds per motive familiare as the parent of an Italian citizen. After 10 years of continuous legal residence in Italia you can apply for citizenship.
 
Posts: 14966 | Location (City & State): Friuli | Registered: 21 November 2004Reply With QuoteEdit or Delete MessageReport This Post
Residente
Posted Hide Post
I believe someone else here may have obtained citizenship well-knowing the marriage was about to end. The authorities were aware of the situation but granted citizenship anyway. bbbddd should look into it (she clearly doesn't fall under that 1983 law) because as mother of dual Italian citizen children she should get a break.

In any event, she doesn't sound 100% sure about where her marriage is headed, so she should check into her local consulate and see if she can file an application before any separation papers are filed.

In other words: ACT FAST!!!
 
Posts: 960 | Location (City & State): From Lille to Torino | Registered: 12 January 2008Reply With QuoteEdit or Delete MessageReport This Post
Residente
Posted Hide Post
The person was jenna. I believe the SF consulate knew that her marriage was on the rocks. Seems they did not have a problem. I will try to find that thread for you.

I am applying jure matrimonis soon. After I submit my request, it goes to the Ministry of the Interior where they have two years to make a decision. They usually use most if not all of the two years. So you're looking at a two year wait.

EDIT: Found the thread -
http://expattalk.com/groupee/forums/a/tpc/f/2620055123/...350034365#3350034365
 
Posts: 657 | Location (City & State): California | Registered: 17 November 2005Reply With QuoteEdit or Delete MessageReport This Post
Volo Libero
Cittadino
Posted Hide Post
Yes the application for citizenship would have to be made before separation:

DL 91, 5 Feb 1992
Art. 5.

1. Il coniuge, straniero o apolide, di cittadino italiano acquista la cittadinanza italiana quando risiede legalmente da almeno sei mesi nel territorio della Repubblica, ovvero dopo tre anni dalla data del matrimonio, se non vi è stato scioglimento, annullamento o cessazione degli effetti civili e se non sussiste separazione legale.
 
Posts: 14966 | Location (City & State): Friuli | Registered: 21 November 2004Reply With QuoteEdit or Delete MessageReport This Post
Turista
Posted Hide Post
Thank you.
I have discussed this with my husband and he feels it's reasonable to wait because it will be better for everyone if I can legally stay and work where he is mainly because of the kids.
I really appreciate the help.

Is there anyone out there that can facilitate me in getting documents prepared and just getting the forms, translations, etc. I am not in Europe or the US right now so it is complicated. I will probably come to Italy in April and can file then if I can get the papers together by then.

thx
 
Posts: 2 | Location (City & State): Italy | Registered: 15 October 2008Reply With QuoteEdit or Delete MessageReport This Post
Residente
Posted Hide Post
There are loads of threads about getting citizenship through marriage as many folks here have done: have a search and you'll find out everything you need.
 
Posts: 960 | Location (City & State): From Lille to Torino | Registered: 12 January 2008Reply With QuoteEdit or Delete MessageReport This Post
Residente
Posted Hide Post
You can file anywhere you hold legal residence. In fact, you should do this no matter what. Where do you live now?
 
Posts: 657 | Location (City & State): California | Registered: 17 November 2005Reply With QuoteEdit or Delete MessageReport This Post
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