Apostille needed on documents filed in AOS

[Leo7777 243]

The I-130 instructions just say: " . . . submit copies of documents showing that all prior marriages were legally terminated."

In our case, the foreign female has her divorce decree in foreign language. It has been translated into English and certified by translator, and it has a notary seal from notary in the foreign country.

I have heard and read in various places (can't give a list here) that sometimes a document must be notarized, and sometimes it must be apostilled. I can find no definitive answer notarized vs apostilled.

[Darnell 8,478]

usage depends on the country, for what is accepted from that country by USCIS.

lets see:

1. original divorce decree, issued by the issuing authority/office.

2. a translation of 1, with a notarial translation. this notarial translation has a notary stamp, but this stamp may or may not signify that the translation is 100 percent accurate.

and that's that. translation document notary stamp not matter.

focus on 1, what is it ? 2 not matter, for USCIS.

Edited September 17, 2014 by Darnell

[Darnell 8,478]

ps - only include photocopies of these 2 docs with the submittal.

[Leo7777 243]

Sorry Darnell, but I didn't understand your answer.

I didn't see an answer to my question as to apostille required vs notarized required.

And could those who answer indicate if they have had experience with getting documents rejected for lacking apostille or notarized; or if they have had such documents accepted without being apostilled or notarized.

Surely most everyone here who passed through a certain stage have had to address the apostille vs notary question; not just for divorce documents but some other required documents.

[Darnell 8,478]

a 'thing' stamped on a translation document doesn't matter to USCIS.

[Leo7777 243]

Still don't see a clear answer Darnell.

Your answer could mean that a notary stamp doesn't matter or count, but an apostille stamp could matter and count.

Or your answer could mean that an English translated document from original document in Chinese could be presented and accepted even as the translation was completely wrong and maybe even related to a different person.

Or you could be saying that almost anything (ficticious or not) could be submitted and accepted by USCIS

Edited September 17, 2014 by Leo7777

[Ian H. 207]

Hi,

In my experience, most government offices could care less about an apostille, most people don't even know what it is. An apostille by it's definition makes a legal document recognized in the countries that form part of the Hague Convention.

Some countries are very particular about it and usually require it from foreign documents, such as the DR my home country. I have used and I know plenty of others who have used foreign documents here without an apostille without issue.

All USCIS cares about is that the document is "certified" by the issuing authority. While it's best the the document is apostilled should it be required for future use, for USCIS as well as the NVC, they could care less.

Now since the USCIS typically requires simple photocopies of the docs and the originals to be presented at the interview, if needed, they really won't care. As I said before, most people don't even know what an apostille is.

If you are told, for some very odd reason, that you need an apostille you should be able to easily get it done in the consulate/embassy from where the document is issued.

[Leo7777 243]

Ian, thanks a lot for your very well thought out and thorough response.

[Ian H. 207]

You're welcome. Also about the translation. The translation doesn't have to be notarized or certified by any agency or anything like that.

The requirement is that the translation is complete and accurate and the translator inserts a small statement at the end of the translation certifying that the translation is complete and accurate and that he/she is competent in both english and the other language.

I have seen on here that it's even possible to do your own translations as long as you are fluent in both languages and the translation is accurate, ie no spelling or grammatical errors and that the whole document is translated, not just the main text.

Here is an example of the statement that has to be included at the end of the translation. I have used on translated birth, marriage and divorce certificates for use with USCIS/NVC/embassy, courts, etc:

I, NAME OF TRANSLATOR, HEREBY CERTIFY THAT THE ABOVE IS AN ACCURATE AND COMPLETE TRANSLATION OF THE ORIGINAL “TYPE OF DOCUMENT” IN SPANISH AND THAT I AM COMPETENT IN BOTH ENGLISH AND SPANISH TO RENDER SUCH TRANSLATION.

DATE: MARCH 27, 2014

______________________________

SIGNATURE OF TRANSLATOR

Edited September 18, 2014 by Ian H.

[Darnell 8,478]

Still don't see a clear answer Darnell.

Your answer could mean that a notary stamp doesn't matter or count, but an apostille stamp could matter and count.

Or your answer could mean that an English translated document from original document in Chinese could be presented and accepted even as the translation was completely wrong and maybe even related to a different person.

Or you could be saying that almost anything (ficticious or not) could be submitted and accepted by USCIS

it's weird, I try again.

you have official divorce document already. forget about any stamp or seal , notary or apostille, on this document. it's already official, albeit in a different language.

you also have a notarized translation document of the divorce document, into English. the stamp/seal there doesn't matter, as the signature alone satisfies the USCIS requirements. any stamp/seal is optional, not required, on a translation document,

unless

it' a white book in China, the notarial translation document produced in china, of a divorce document, and even then,

it's only shown to a Vice Consul on interview day in Guangzhou.

Since you are doing AOS inside the USA, the seal/mark/stamp on the translation document not matter - what matters is that human's signature on the document, and you've already got that.

reminder - send in photocopies only during the AOS submittal, be prepared to show originals on interview day at a local USCIS office.

Edited September 18, 2014 by Darnell

[Leo7777 243]

OK Darnell, thanks.

Now you have posted a well written answer to my questions.

I appreciate the answers from you and Ian, which seem to

agree.

[Ian H. 207]

To sum up. The actual document ie birth cert, marriage or divorce cert only needs to be certified by the issuing agency. The translation doesn't need to be stamped or notarized.

[allajustin 18]

Well, I would share my experience then. I had all my docs translated, notarized and apostiled, inclusively the divorce decree, in my case they wouldn't translate it into English without being apostiled by the issuing country, and then the apostile was applied on notary's signature from Moldova as well. Now it's much easier, you can do it online: https://apostila.gov.md/ . If I would have submitted the docs (birth cert, divorce decree) for AOS without apostile, I would have known for sure if they need it or not. But I wanted to be 100% sure I won't get RFE for that, so maybe I just overdid it. In fact, neither the Embassy, nor any other agency looked for an apostile, except for the notary. However, to register the US marriage either at Moldovan Embassy at Washington, DC or with Moldovan Department of Civil Status Registration Office, the marriage certificate has to be apostiled by Secretary of State where the marriage took place. Hope it helps.