5

I've looked at the various related questions but mine does not quite fit. I am a US citizen marrying my Italian citizen partner in the USA and want to then go to Italy for an extended stay (4-5 months), not permanent residence.

What do I need to do here in US before going? Or what does he need to do in Italy before I can come over? Can I go on a Schengen visa waiver and then when there register our marriage and get a residence permit? Or should I register our marriage at the Italian consulate in the USA and then apply for a family visa here in the USA? Not sure what the best approach is.

  • 1
    Did you ask at the consulate? What did they say? I suspect that all you need to do is show up and then apply for the permit, which probably won't come through before you leave, but the fact that you've applied will allow you to stay in Italy without penalty. You may want to investigate the penalty for failing to apply for a permit, which may be so small as not to outweigh the burden of preparing the application. In France, for example, the penalty is that the fee rises from €25 to €340, but if they find you out as you leave there's no fine -- this happened to my parents. – phoog Jul 5 '18 at 21:35
  • You mean the consulate in the USA? Only problem with that is you have to make an appt and they are 2 months out. I have one for Sept, but sure would like to know before I go in what I am going in for and what I need because if I don't, then I have to make another appt for another 2 months out. So, just trying to clarify what exactly I am applying for when I go to consulate. – Jonathan Hilton Jul 16 '18 at 21:38
  • Yes, I meant the Italian consulate in the US. But I'm talking about getting information before the application rather than trying to get information at your appointment, since, as you say, you want to know what to apply for before you go. And if I'm right you don't need to go at all. The other place you could ask would be the office in Italy where you would apply for the residence permit. But looking for that points me to an answer; I'll post one in a moment. – phoog Jul 16 '18 at 22:04
  • Does your partner live in the US? Is he already registered at the consulate? – phoog Jul 16 '18 at 22:20
1

Perhaps you should refer to the relevant page of the Polizia di Stato. Among other things, it says:

EC Long-Term Residence Permit (carta di soggiorno) for foreign family members of EU citizens

For stays longer than 3 months family members of EU citizens who are not EU nationals can directly apply for the EC Long-Term Residence Permit (carta di soggiorno) for family members of EU citizens at the local Questura or through the Post Office (using the application kit with a yellow stripe). Designated municipal offices and other authorized offices (Patronati) are available to help applicants fill out the application forms, which must then be sent through the Post Office.

The following documents must be attached to the application:

  • photocopy of passport or other current and valid equivalent document, with visa, if required;
  • certificate issued by the authority in charge in the country of origin or provenance proving family relationship and, if required, proof that the applicant is a dependant or a member of the household of the EU citizen or that serious health grounds strictly require the personal care of the family member by the EU citizen having autonomous right of residence;
  • EU citizen's receipt of application for registration with the Anagrafe;
  • 4 passport size photos;
  • if the request is submitted by the EU citizen's unmarried partner, proof of the existence of a durable relationship with the Union citizen.

From the following, it can be concluded that a special visa is not necessary to enter Italy for this purpose:

  • ...can directly apply...
  • ...with visa, if required;...

Under European law, Italy is not required to extend the same rights to the family of Italian citizens as it must extend to the family of other EU citizens. However, it has chosen to do so.

Before you go to Italy, you should get an apostille for your marriage certificate. The office issuing the certificate should know how to do that. For example, if you get married in New York City, you can start at https://www.dos.ny.gov/licensing/apostille.html, but they have a piece of paper describing the process that one can pick up with the certificate.

It may also be smoother if you register your marriage at the consulate before you go, but I doubt it is necessary, especially if he lives in Italy. Still, it is better to be safe than to be sorry.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.