Okay, this post is basically the main reason I created this blog.
I cannot tell you how many hours (days, weeks…) I lost trying to figure out what I needed to do in order to get a marriage license to marry my Italian husband in Italy. There is a long list of documents you need as an American citizen marrying an Italian citizen that is very different from what we would need to get in the U.S.
I quickly discovered that you have to start with the atto notorio, but I could not for the life of me figure out how exactly to get this.
There are dozens of websites out there with pages dedicated to this subject, but somehow all of them seem to say something different. So I tried to call at least three different consulates and no one answered (one was apparently not even a consulate at all: I checked and on Google Maps it was just an empty plot of land, I’m not kidding!) Then I tried to email a different office to ask about it, and they told me to email someone else. Then that person gave me an automated response that didn’t answer my question, and another gave me a list of documents that didn’t match what I had already read, so I had to contact someone else, then someone else… it was a mess.
So, I am going to save you a lot of time and effort (and energy, and eye strain, and tears of frustration…) and tell you everything you need to know right here and now without any more ado. The process of getting a marriage license for a non-EU citizen and an Italian citizen is long and confusing, so I am breaking it up into two separate posts. This one covers the first and maybe toughest step, the atto notorio. You will find the link to the second step at the end of this article once I get it posted.
Note: The list of documents I am going to give you comes from my experience with the Consulate of Detroit, so if you are using a different consulate, you should try to email or call them to check that they have the same requirements (they should, but you want to make absolutely sure, especially if you have to travel a long distance for your appointment like I did).
Now, without further ado, here is how to go about getting an atto notorio when marrying an Italian citizen.
What Is an Atto Notorio?
An atto notorio is a sworn statement signed by authorities at either the Italian consulate in America or the U.S. Embassy in Italy that basically says that you are legally free to marry. It is a requirement to get married to an Italian in Italy (or to an American in Italy), so it is pretty important. You must bring it with you to Italy to get the other documents that you need, which I will detail in my next post.
What Do I Need to Get an Atto Notorio?
I will get right to the point:
Documents for you, the American citizen:
- An original, long-form birth certificate + an Apostille + an Italian translation of said birth certificate
This one took a bit of time to get. A long-form birth certificate is one that includes your name, birth date and place of birth, along with your parents’ full names and addresses. If you don’t already have this, you can request a certified copy and have it mailed to you. It has to be either the original or an official copy from a verified agency, not a scanned copy.
The Apostille is a stamp from the Secretary of State that makes a document legal and valid in every country that is a member of the Hague Apostille Convention, which includes Italy. To get this, I had to mail the original birth certificate along with a check (in Kentucky it is only $5-6) to the Secretary of State. Around a week later, I got the document back, with a paper stapled to the front that included the Apostille stamp.
The Italian translation has to be an official one, although you can choose your own translator (they all charge different prices for their services, so this is a good thing). The consulate sent me a list of translators to start with, and in the end, I emailed a scanned copy of the birth certificate to a translator and she translated it and had it back to me within three days, all for around $20. - Divorce certificate + certificate of No Appeal (if you were married before)
I had never been married before so I don’t have firsthand experience with this one, but the requirements say that you must get these things from the office of the County Clerk in the county where the divorce was recorded. Both certificates need an Apostille and both have to be translated. - Signed Single Statement + Apostille
This is another thing you have to get by mail. You must make a request to your County Clerk’s Vital Records Division to get a signed statement saying that there is no marriage currently on file for you, meaning that you are free to marry. Again, you need an Apostille, but no translation this time. - Copy of U.S. passport
This one is self-explanatory: just copy the pages of your passport with your photo and signature. I also copied the cover just in case, but they didn’t need that. - Consent for marriage from commanding office if you are a member of the United States Armed Forces
I don’t have firsthand experience with this one either, but I’m putting it here in case you need it.
Documents for your Italian fiance:
- Estratto per riassunto dell’atto di nascita, in formato internazionale
This is an official excerpt from an Italian birth certificate that includes your fiance’s parents’ names. - Certificato cumulativo di residenza, cittadinanza, e stato libero
This is one certificate that acts as a certificate of residence, certificate of Italian citizenship, and the Italian equivalent of a signed single statement declaring that your fiance is free to marry. - Dichiarazione firmata attestante la data ed il luogo del matrimonio e naturalmente il nome della persona che si intende sposare
This is an official declaration that states the place and date where you two plan to get married, and that your fiance intends to marry you (after all this, he or she had better marry you!). You can get a template from the consulate or find one online, your fiance then fills it out him- or herself. - A copy of the Italian Passport
Again, self-explanatory.
But wait, that’s not all!
In order to turn this big stack of documents into the atto notorio, you have to make an appointment to go get it. I was led to believe that the only place you could get the atto notorio was at the Italian consulate that is responsible for your state. As (bad) luck would have it, there is not a consulate for every state, and the consulate for Kentucky, where I lived, was all the way in Detroit. And the way things worked out, I only had one day to get there before I was supposed to go to Italy and get all the rest of the documents I needed.
So I gathered up my things, took a plane to Detroit (as the world was shutting down for COVID-19 in March 2020, by the way, so everything was even more rushed and inconvenient), had to stay in a hotel to make my appointment the next day (which I don’t have to tell you was not cheap), only to find out AT THE END OF THE APPOINTMENT that “if it’s too inconvenient to get it at the consulate in the States,” you can also get the atto notorio in Italy at a Notary Services Office. -.-
So, long story (not) short, you can get the atto notorio at either the consulate closest to you or in Italy. But in both cases, you also need two witnesses that are not related to you. You will have to provide their information (along with scanned copies of all the other stuff I described for you and your fiance) to the consulate or notary beforehand so they can prepare the paperwork.
Then you go to the appointment with your witnesses (your fiance doesn’t have to be present), the official at the consulate or the notary reads the atto notorio out loud in Italian (if you don’t speak Italian, you’ll need to get a translator since it’s important you understand everything), and then you sign it.
And then, voila! You just completed the first step in the process. Yay…
All sarcasm aside, this atto notorio opens the door for getting the rest of the documents you need to marry an Italian citizen as an American. You can read about those in my upcoming post: Documents Required for an American to Marry an Italian in Italy – Part 2: The Nulla Osta, etc.
If you have any questions about the atto notorio, you can ask me in the comments section and I’ll do my best to answer them! If you have already gotten your atto notorio, do you have any advice or anecdotes to share?
I am in the middle of the exact same ordeal. I live in Pennsylvania and my designated consulate is on the other side of the state. My problem is with the required witnesses. I have family in the consulate city and they know people who can “fill-in” as witnesses. I do not know them personally so will this pose a problem. What questions are asked of the witnesses by the consulate? And my second question concerns the need for a translator at the appointment. I do not speak Italian. Of course my fiancee does and she will be present. Do you think or feel we would still need an independent translator?
Hi Carlton! I don’t think your not knowing the witnesses very well would cause a problem, because to my knowledge they don’t ask them anything about your character or anything like that, they just basically need them to be there to watch everyone sign the paper for legal reasons. The witnesses do have to provide their IDs and information about themselves beforehand, but otherwise they just mostly have to be there. You can technically even hire people to be witnesses if you don’t know anyone in town (but I got scammed that way, so I don’t recommend it).
It is very important that you understand the document that you’re signing, though, they made that very clear when I was doing mine. They read it out loud, and they have to feel you really understand it or they won’t sign it themselves (which makes sense, because you should never sign something legal if you don’t understand it). If your fiance will be there to translate, however, that should be totally fine. It doesn’t have to be an official translator, but I might email the consulate beforehand just to double check.
Good Afternoon Jessica! I wanted to to thank you for your response as my fiancee and I found it very helpful. As well, going through a few of your post I feel you are providing a wealth of information. It is much appreciated. I have subscribed to your newsletter and in time I will explore some of the other resources you provide and suggest. Thanks again.
That’s great! I’m glad I could be of help. If you ever have any questions you can’t find an answer to on the blog, let me know and I can try to answer them or make a new post on the topic!
Right now I am waiting for confirmation as to what the Italian Catholic Church will need and in what form. There are some discrepancies in the Detroit consulate and US embassy websites regarding evidence of prior marriage termination. US embassy lists divorce decrees, annulments or death certificates. Their site is listed in Detroit’s site for a source of information. I’m hoping next week both countries will be back to normal.
I do have a question for you regarding Detroit documents. The American document requires an Apostille Stamp and translation.
—Is the translation done beforehand and sent with the document to the Sec of state?
—Does the Translation need it’s own Apostille Stamp?
—Does the translations need to be certified for accuracy? How and where?
—Does the Apostille Stamp page attached to the document returned from the Sec of State need translation?
—Where do you hire a translator in Detroit for the Atto Notorio appointment?
—Do you have information regarding average time to receive an appointment after requesting one? I have not had communications returned from Detroit yet, I am attributing it to the holidays this week.
—- What information is required of the witnesses? Are they asked to verify any of our information?
Thank you for being a helpful source that speaks English too!
Karen Alexander
Hi Karen,
This comment got caught in the spam filter for some reason! But I believe I already answered all of your questions on Facebook. Feel free to let me know if there’s anything I missed though!
Hello!
I just started undergoing this process – I’m so thankful for this walkthrough!! You are amazing 😍 I am also American marrying my Italian fiance in Bergamo in January 2024.
I have a question regarding the Signed Single Statement that I need to get the Atto Notorio. I was wondering how a statement from my county clerk’s office is considered proof enough that I am single, since I could have registered a marriage at any other county courthouse in the country?!
I called my county clerk’s office and asked about it, and the lady had no idea what I was talking about. She did however write up the statement for me anyway, with the official letterhead, seal, and her signature – because yeah, it’s true that she doesn’t have any record of a marriage for me… But any other courthouse could!!
Is this because Italy when people move location, their records also move with them and Italians are just assuming this is the same in America? My fiance told me that might be it.
I’d also like to know because I wouldn’t want to send it off to get the Apostille and then the Apostille people look at it and say “What? This isn’t good enough proof of singleness!” etc
Would be so grateful to know your thoughts on this!!
Thanks,
Lacey
Hi Lacey!
I’m glad this post could help you! And congratulations on your upcoming wedding! 🙂
The way I look at this issue is that it’s more of a formality than anything. Unlike the other documents, the signed single statement doesn’t even have to be translated into Italian! I’m also fairly certain that the Italian authorities can just search a database to see if you have a marriage on record in the United States to make sure everything matches up. They definitely do their due diligence!
I would also think that if you get married in one county, the marriage would then be put into the system for the whole United States, and when they go to look it up in the database at your local courthouse, it would say something about there being a marriage for you on record in another county (otherwise you could have a different spouse in every county if there wasn’t one big system that lists all the marriages!).
I can’t really find a definitive answer online about this, but I think it is just that there is one big marriage listings database, because not everyone gets married in the county they live in anyway, so there would have to be one big list to list them all! So your county clerk can say that you are not married, because they looked at all the records, not just the ones from your county (I think).
The important thing is, though, that the signed single statement and the apostille is enough proof to the Italian government that you are single. They didn’t ask me any further questions about it or require any other proof, and I have never heard of anyone else having that problem either. So I wouldn’t worry about it!
Thanks for reading and let me know if you have any other questions!
Jessica
Thanks so much for posting this it really helped me alot however to be clear if. Get the atto notorio in Italy do I have to email them first then set the appointment. Because I live in Georgia and the nearest consulate is all the way in Florida so I wud rather get it italy to save time and money traveling with 4 witnesses
Hi there! Whether you get the atto notorio in the US or in Italy, you will have to make an appointment and give them some information ahead of time so they can prepare the document. I made my appointment via email, but there may be a form on the consulate or embassy’s website that you can use. (And I completely understand it being a hassle not having an Italian consulate in your state: I had to go all the way from Kentucky to Detroit to get mine, only to find out I could have done it in Italy with much less hassle!) I don’t believe you have to inform the consulate in Georgia that you are getting the atto notorio in Italy, however, but you do have to make an appointment ahead of time no matter which route you choose.
Hi there Jessica! I cannot tell you how much easier you made this whole process to my girlfriend and I. What were the exact steps you took for the Apostille? Online, these prices are crazy high, and you said you only spent about $6 to get one, so I’d like to know what you actually did to get one. Thank you very much!
Hi Brandon! I’m happy I could help! I am actually planning to write a post about the Apostille soon, but I haven’t gotten around to it quite yet!
The Apostille is fairly simple, but the first thing to do is ignore the websites that say they offer an “Apostille service.” You don’t need those. All I had to do was email the Secretary of State in my state to find out the procedure (this information may also be available online without having to email someone). Then I just mailed them a form with an Apostille request, along with the original copy of my birth certificate and a check for $5. Then I just waited for them to send me back the Apostille via the mail.
You should be able to do an internet search for “your state + apostille” and it should come up in the search results. Other states may have different procedures, but in Kentucky it was really simple!
If you can’t find the right information online, let me know what state you’re in and I can check it out for you! (If you don’t feel comfortable putting it in the comments, you can email me at blog@anamericaninitaly.com).
Hi, thanks for this greatly helpful article. One question about the Apostille: does it have to be from your birth state, or can it be from the state of your current residence?
My birth state is Maryland, so I have ordered the birth certificate from their vital records department. But it’s being shipping to NYC, where my current resident address is. So do I need to send it all the back to MD for the Apostille, or can I send it to the one in NYC along with the other docs that need the Apostille?
Hi Alexander! I’m glad you found the article helpful.
You ask a very good question! After doing some research, it looks like the apostille for the birth certificate needs to be from the same state your birth certificate is from. The Washington Secretary of State’s website puts it most clearly: “If the Birth Certificate was issued in another state, you will need to obtain the Apostille/Certificate in the state in which the person was born.”
The documents all have to be apostilled separately, so I would advise getting the apostille from the same state you requested the document from in each case. So, if the birth certificate is from Maryland, the apostille should be from the Secretary of State in Maryland. If another document is from NYC, its apostille should be from NYC.
Hopefully that helps clear things up!
Yes it does, thank you so much!
You are very welcome! Let me know if you have any more questions. 🙂
We can’t thank you enough for this article! So clear and concise , full of many things that would have been painfully brutal to discover on our own. Truly, you’re my hero!! Quick question: I’m already in Italy, living with my fiancé. Is it possible to go through all of these steps without going back to the USA for paperwork? 🙏🏻🙏🏻🙏🏻🙏🏻
Hi Corin,
I’m so happy I could help!! I think it is likely that you will have to go back to the U.S. for a document or two (and that may be easier, actually), but I know for sure you can get the Atto Notorio done in Italy. The documents you have to get for it from the Secretary of State are usually sent via mail, so you could check if your state can mail them internationally. If so, you may be able to get around going back to the US just to get those!
But are you in Italy on a visa or a work permit? Most people I speak to about this are on the tourist visa and would have to go back to the U.S. within 90 days anyway, which leads to a good opportunity to get any documents you may need.
What a wonderful post! First, congratulations on your wedding 🙂
I, too, am an American getting married to a Venetian. However, we are getting married in Vegas just to speed up the process a bit (plus, it’s cheaper and easier for my family members to come). But what I’m having trouble figuring out is, will I need the atto notorio if I’m getting married in Vegas? I know it’s legally binding and there, you don’t need a birth certificate, but not sure about this other document.
Any help would be appreciated!
Hi Jocelyn,
Thank you, and congratulations to you as well! 🙂
I believe that the process of marrying an Italian citizen in American is completely different than marrying an Italian citizen in Italy. In your case, I believe you would have to find out what your fiance has to do to make the marriage legal in the US. Then, when you are married, you will have to send a copy of the marriage certificate and a translation into Italian to the authorities in Italy.
Hi Jessica can u please send me the info where you got your documents translated for reasonable price
Hi there!
If you go to the website for the Italian consulate in your area, there should be a link to a list of approved translators. If you were in New York, for instance, you could use the ones on this page: https://consnewyork.esteri.it/it/servizi-consolari-e-visti/servizi-per-il-cittadino-straniero/traduzione-e-legalizzazione-dei-documenti/
I’m so confused because there is no italian consulate here in Georgia so where would I look? I’ve tried trying to find it but couldn’t
In that case, you will have to go to a consulate in a different state. There are several Italian consulates in the US, and each one is responsible for a group of states. I am from Kentucky, for instance, but I had to go to the Italian consulate in Detroit. Try doing a Google search for “Italian Consulate for Georgia” and I’m pretty sure that you’ll find that you have to go to the consulate in Florida. Then you can check their website for translators.
I made it all the way to Italy and what a waste of airfare and time only to find out that the US consulate here in italy doesn’t do the atto notorio it can only be done at the courts which take 3 months to get an appointment . You may want to double check and verify that
Hi, I’m not sure if you are trying to point out an error on the blog, but I did write in this post (in bold) that the appointment for the atto notorio has to be made at a notary services office, not a U.S. Consulate. Best of luck!
Hi Jessica,
I hope this message finds you quickly… Thank you so much for this post.. i’ve been scouring the internet for hours trying to figure out the Atto Notorio. My fiance lives in Naples Italy, I also live In Kentucky so i feel this was intended for me! ❤️
If i were to get the Atto Notorio here how many witnesses should I have? Are they allowed to be related to me? I don’t have very many people that I talk to so I found this a bit difficult for me to do.
Where would i find a translator?
Where would i get my documents translated?
If you think it’s easier to get it done in Italy how many witnesses would I need there and are they allowed to be related to my fiance? How long do you think the process would take to get it in Italy because we are only allowed three months to do all this.
I appreciate you taking the time to read this. Thank you so much
Hey there, fellow Kentuckian! 🙂
I’m glad the post was helpful! I completely understand about the witnesses. I had the exact same issue: I don’t talk to many people either and didn’t know anyone who would travel all the way to Detroit to be a witness, so it was definitely a problem. Unfortunately, you do have to have two witnesses that aren’t related to you, so family members wouldn’t work. I believe this is true both in Italy and in the US.
What I would do is contact a notary services office in Naples and see if they can make an appointment for the Atto Notorio soon. If they can, I would do it there instead of the US, because I’m sure your fiance knows two people who aren’t related to you who could act as witnesses (the rules don’t say they can’t be related to HIM, but you may want to double check with the office). That way, your fiance could also translate for you, as they really want you to be sure about what you’re agreeing to when you sign the Atto Notorio.
As for getting it all done in 3 months, I’m not sure. As you read in the article, there are a lot of documents you have to get in the US first, and you have to get some of them translated (here’s a list of translators recommended by the Detroit Consulate: https://consdetroit.esteri.it/en/servizi-consolari-e-visti/servizi-per-il-cittadino-italiano/list-of-translators/). You also have to get the Nulla Osta, and Italian bureaucracy is notoriously slow. If you start setting up the appointments quickly, though (your fiance could be a big help with this too), I believe it is doable, but it mostly depends on the wait time for the appointments.
If you have any more questions, let me know! You can also email me at blog@anamericaninitaly.com.
Hi there! I am also a Kentuckian going to Detroit tomorrow! How did they have you pay for the Atto Notorio? Is credit card fine?
I was also unaware that it would be read in Italian. Is it mandatory to have a translator? We don’t care what it says and we will sign whatever to get through this process. In other words, will they still give us the document if we do not have a translator present with us? Thank you!
Hello fellow Kentuckian!
I believe a credit card works fine for the Atto Notorio. You will need a translator if you don’t understand Italian, however, because the document is completely in Italian and, as the man who is in charge of giving out/processing the Atto Notorio told me, it is very important that you understand what you’re signing, because it’s a big deal. I could understand Italian enough at the time to understand the statement I was swearing to (so even if you’re a B1 level or lower you can get it), but if you don’t, you will have to have someone to translate for you. They won’t let you blindly sign anything because then it wouldn’t be legal.