Direct answer
A US citizen marrying in Italy normally works through the Italian comune that will hold the marriage, an Italian authority for the atto notorio, a US consular officer in Italy for a separate sworn declaration, and the competent Prefettura for legalisation. The accepted file then goes back to the comune.
Start by asking the chosen comune for its current written requirements. Do that before ordering a birth record, arranging witnesses or booking consular appointments. Current official instructions do not agree on one witness count, one validity period or one birth-certificate rule for every US citizen.
Two declarations, two authorities. The atto notorio is an Italian declaration. The separate sworn declaration is made before a US consular officer in Italy and then legalised in Prefettura. One does not replace the other in the current municipal and consular instructions reviewed for this Guide.
The order of work
Before travel
Get the Comune’s file and follow the Italian consulate or Italian-authority route for the atto notorio.
In Italy
Make the US consular declaration, legalise it in Prefettura and complete the Comune’s declaration and ceremony steps.
1. Ask the Comune to define the file
Contact the civil-status or marriage office of the comune where the legal ceremony would take place. Give it both applicants’ citizenship, residence and marital history, the intended ceremony type and whether either person lives in Italy. Ask for the answer in writing.
The useful questions are specific:
- Which documents does each applicant need?
- Must a birth record or earlier-marriage record carry an apostille and Italian translation?
- Which office may issue the
atto notoriofor this file? - What issue-date or validity limit applies to each document?
- Are marriage banns required for these applicants?
- When must the couple attend, and when may the legal date be fixed?
San Francisco’s Italian Consulate tells applicants to ask the comune whether an apostilled and translated birth certificate is required. Los Angeles also says some cities require it. New York and Detroit list the record in their own consular routes. That difference is why a copied checklist is not a safe starting point.
2. Use the Italian authority competent for the atto notorio
If the atto notorio will be made at an Italian consulate in the United States, use the consulate with jurisdiction over the applicant’s residence. Philadelphia states that rule explicitly; New York and Houston apply the same residence-based boundary. Some official instructions also describe an Italian court, civil office or notary route in Italy, but the selected comune should confirm that route before it becomes the plan.
Ask the issuing office for its own witness and document instructions. Do not carry a number from another jurisdiction into the appointment. Current official pages give different answers:
| Current office instruction | Atto notorio witness instruction | Other stated boundary |
|---|---|---|
| Italian Consulate in San Francisco | Two witnesses for each US spouse | Its atto notorio is valid for 90 days. |
| Italian Consulates in New York, Detroit, Houston, Los Angeles and Philadelphia | Four witnesses | Several state a 90-day or three-month limit for their own document. |
Jurisdiction-specific These examples prove that the instructions vary. They do not let an applicant choose the easiest office.
If either applicant was previously married, do not assume that a decree or death certificate alone is enough. Ask which record, apostille, translation, finality evidence and issue-date rule apply. New York and Detroit publish different detail even while describing the same broad process.
3. Arrange the separate US consular declaration in Italy
The current Italian sources call this an affidavit, sworn declaration or dichiarazione giurata. It is made by the US citizen before a US consular officer in Italy and states that there is no legal obstacle under the applicable US law.
Treat this as a separate appointment from the atto notorio. Ask the comune which US post and wording it will accept, then use the US Mission’s current citizen-services contact or appointment route. Several Italian government pages still link to an older US Embassy marriage page that now returns 404, so do not rely on an old saved link or form without checking it again.
4. Take the US declaration to the competent Prefettura
Venezia’s Comune says the US consular declaration must be legalised in Prefettura. Confirm which Prefettura is competent for the consular signature, what original document it needs, whether an appointment is required and the current stamp or fee treatment.
This legalisation is not an apostille on a US birth or divorce record. It is an Italian step applied to the US consular declaration for use in Italy. Keep the documents and their fees separate in the planning record.
5. Complete the Comune’s declaration and ceremony route
Return to the comune with the file it approved. Its registrar controls the declaration of intent, any banns question, the legal date and the civil ceremony process. The witnesses needed for the ceremony are not automatically the same people used for the atto notorio.
Do not publish a travel plan around a fixed national banns period. Roma has a current service for non-resident foreign citizens who are not subject to banns, while New York’s Italian Consulate says banns are usually waived when neither party is Italian nor resident in Italy. The chosen comune must decide whether that applies to the actual couple.
What to keep in one written record
Make a simple authority sheet for each applicant:
| Item | Record before acting |
|---|---|
| Comune | Office, contact, written checklist, submission method and appointment sequence |
| Atto notorio | Competent Italian authority, witness rule, required records and validity window |
| US declaration | Accepted wording, US post, appointment route and identification requested |
| Prefettura | Competent office, legalisation method, original-document rule and current charge |
| Earlier marriage, if relevant | Exact record, finality evidence, apostille, translation and timing |
| Ceremony | Declaration appointment, banns decision, ceremony witnesses, interpreter and legal date |
If an office changes an instruction, update this sheet rather than trying to reconcile the change from memory. A venue, planner or celebrant may help with logistics, but only the responsible offices can approve the legal file.
Keep the rest of the Italy plan connected
This Guide covers the US-citizen document route. For the Italian authority’s local requirements, use what your comune requires. Check which ceremonies create a legal marriage and where a legal ceremony may take place before treating a venue plan as the legal plan. Keep official local costs, guest entry and certificate use after the wedding as separate checks. You can also start a private planning checklist.
A British applicant follows a different CNI route based on residence. Use our UK-citizen process Guide and do not apply the US declaration sequence to that person.
Sources and review
Reviewed 29 August 2026 by the Plan a Wedding Editorial Team. Primary sources: Italian Consulate in San Francisco, US citizens marrying in Italy; Italian Consulate in New York, atto notorio for US citizens; Italian Consulate in Detroit, marriage in Italy of US citizens; Italian Consulate in Philadelphia, residence jurisdiction; Comune di Venezia, documents for foreign citizens; Roma Capitale, declaration for non-resident foreign citizens; and Prefettura di Firenze, document legalisation. This is general information, not legal advice. Confirm every document and appointment with the offices handling the actual marriage. Read our editorial policy or use our contact page to report a correction.