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Hello,

I’m hoping someone can help me here or if someone has gone through a similar experience to shed some light, I would be grateful. I’m a US citizen. My fiancé is an asylum seeker in Italy. Ideally I want to get married in Italy and then apply for a CR1. Is it possible for us to marry in Italy if his status is asylum seeker?

I was going to have him check with the local registrars office in Italy. If someone knows the answer or been through something similar please let me know as I’m at a loss here for info. I can’t find anything online about it.
asked Sep 5, 2018 in Asylum proceedings by Shamla

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2 Answers

+3 votes
Yes its possible he can marry as an Asylum seeker in Italy. I lived in Italy approximately 1 and a half year i have some few friends who also married there as an Asylum seeker. But your fiancee will have to provide some Certain Documents like
He's Passport, Birth Certificate, Certificate of Nulla Osta and a divorce degree Certificate if he was previously married.
The Certificate of Nulla Osta is a Document stating that there's no hindrance to he's Marriage or that he's free to Marry. He can get this Document from he's Country's Embassy or consulate But if he would have already been accepted as a Refugee he can then get it from the PREFETTURA of he's town or City.
As for you the US Citizen similar law also applies.
You need your Passport, Birth certificate, Atto notorio, Certificate of Nulla Osta and your divorce degree Certificate if you were previously married. the Atto Notorio is a Document which you and and 2 witnesses will swear in a Court stating that according to the US and Italian Law that you are free to Marry and that you aren't in any Marriage at the time of your swearing. It's similar to the Nulla Osta. But it's not the same because the Nulla Osta are usually issued by your country's embassy or consulate but the Atto Notorio is obtainable in a court just like an Affidavit. You can swear it in italy or in the US. Any of the 2 will be fine.
But keep in mind that according to Italian law, if  you the Bride was previously divorced you won't be able to Marry in Italy till 300 days starting from the day in which the divorce degree was issued by the competent court. after the 300 days then you are free to Marry again.
Good luck and Best regards
Nelly
answered Sep 5, 2018 by Nelly Overcomer
edited Sep 5, 2018 by Nelly Overcomer
0 votes

Hi Shamla, 

thank you for your question: 

This is what I found online, I hope that helps you and your fiance: 

https://www.asylumineurope.org/reports/country/italy/content-international-protection/status-and-residence/civil-registration

"Registration of marriage

According to the Italian Civil Code, foreign citizens who intend to contract a marriage in Italy must present a certification of the absence of impediments to contracting the marriage (nulla osta), issued by their embassy.3 Refugees can substitute the nulla osta with a UNHCR certification. This practice was established following a formal note sent on 9 April 1974 by the Ministry of Justice to the Ministry of Foreign Affairs, copying UNHCR.

In order to obtain authorisation for the marriage, refugees must produce:

  • A declaration (affidavit), signed before the Civil Court or before a notary and certified by two witnesses;

  • The decision granting them refugee status;

  • A valid residence permit; and

  • A valid document of the future spouse.

The law does not provide a solution for beneficiaries of subsidiary protection who cannot request the nulla osta from their embassy with a view to registering a marriage. In this case, they can follow the procedure set out in the Article 98 of the Italian Civil Code, which entails a request for the marriage authorisation to the municipality and, after the refusal of the request for want of nulla osta, an appeal to the Civil Court, asking the Court to ascertain that there are no impediments to the marriage.

With a decree issued on February 2012, the Civil Court of Bari has authorised the marriage between a subsidiary protection holder and an asylum seeker even in the absence of authoriation from their country of origin. The Court observed that in relation to the certification needed for contracting a marriage, “regugees and subsidiary protection beneficiaries appear to have similar positions, but unjustifiably treated in a non-homogeneous way…”4

In your Situation you will have to obtain certain documents as well as mentioned above: 

"According to the Italian Civil Code, foreign citizens who intend to contract a marriage in Italy must present a certification of the absence of impediments to contracting the marriage (nulla osta), issued by their embassy.

Good Luck, 

Best regards, 

Nilab

answered Sep 5, 2018 by Nilab
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