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FBI Check Can't Be Apostilled?

 
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jkelly80



Joined: 13 Jun 2007
Location: you boys like mexico?

PostPosted: Tue Apr 07, 2009 5:40 am    Post subject: FBI Check Can't Be Apostilled? Reply with quote

I've read that the Embassy here doesn't affidavit the FBI background check. What process do I need to verify this document in order to allow me to work in Korea? Will an apostille do? Will a local notary be able to notarize a federal check, and therefore make the notarization eligible to be apostilled in my home state?
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Tue Apr 07, 2009 7:25 pm    Post subject: Reply with quote

If this is true, it's a recent development. Lots of people have done affidavits to authenticate their FBI checks at the embassy.

What may be confusing you: the State Department Authentications Office (in Washington, DC) will not apostille an FBI check. This has absolutely no bearing on what the embassy will or will not allow an affidavit for, however.
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nachoinkorea



Joined: 25 Mar 2009
Location: Seoul

PostPosted: Wed Apr 08, 2009 1:44 am    Post subject: Reply with quote

The US Embassy here in Korea (or any embassy for that matter) cannot apostille documents. You have 2 options:

1. To get an apostille from the States, you need to contact the Secretary of State of your last legal state of residence. Tell them you need an apostille for overseas employment, they should know what to do. Just getting a public notary to notarize your background check will not suffice and will not be accepted by Immigration.

2. If you are already here in Korea, just take your background check to the US Embassy and have them stamp it (Immigration will accept this). This is not an apostille, but it will suffice. Many people have done this

Hope this helps.
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intherye



Joined: 16 Apr 2007

PostPosted: Wed Apr 08, 2009 2:16 pm    Post subject: FBI apostille Reply with quote

The FBI Criminal Background Check CANNOT be notarized or apostilled. Some lawyers who are familiar with this process will notarize it anyway, but they aren't supposed to.

Unfortunately, your best option is to scratch the FBI check and start over with a state background check. Then take it to a notary (you have to be there in person) and then contact your Secretary of State about how to get the apostille. Your state can only apostille a document with a notary from the same state.

If immigration is requiring the apostille, they need to update their information so that people will NOT get the FBI check and will get the state check instead. However, this is still a problem because if you look through the posts, you'll see that people with the state check have been denied for their CBC not being "official" enough. It's kind of a Catch-22.

I did find something about the FBI providing a letter stating that they don't apostille, but I haven't looked into that yet. I'm guessing it won't matter- Korea immigration can reject you for any reason they please and probably won't accept it.

I guess I'm glad that Korea "upped the ante," but this is ridiculous. I spent the last several years in Korea and because I'm not living in my home state, I can't get this done so I doubt I'll be able to return.

***Update- Websites say the US Sec of State can do the apostille, but other sites say the opposite. I'm waiting to hear back from them and I'll post the response if I do.
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afsjesse



Joined: 23 Sep 2007
Location: Kickin' it in 'Kato town.

PostPosted: Wed Apr 08, 2009 5:13 pm    Post subject: Reply with quote

I did the FBI Check and had the Embassy in Seoul authenitcate the information. I wrote down that "My name is Jesse *&^*&&*^^ and I do not have a criminal record." The embassy will put their seal on it and have the representative sign it. Immigration accepted this without question. I didn't even have it notarized. This was six months ago.
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intherye



Joined: 16 Apr 2007

PostPosted: Thu Apr 09, 2009 8:06 am    Post subject: Reply with quote

I think this is more of a problem for those of us trying to do this outside of Korea.

The response I got from the Secretary of State was to check this site:
http://www.state.gov/m/a/auth/

Send it to them with a self addressed stamped envelope and hopefully they'll do it.
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the oak llama



Joined: 05 Dec 2008

PostPosted: Thu Apr 09, 2009 8:33 am    Post subject: Reply with quote

I was looking into this a while ago.

I can't find the thread at the moment but some searching ought to turn it up.

Someone was able to get an apostille on an FBI check by requesting that the FBI attach a letter (affadavit maybe) to the check that states that the FBI cannot notarize the CRC. You then send your FBI CRC with this letter attached to some office in Virginia that will be able to apostille it for you.

Sorry this is kind of vague. Search for something along the lines of "FBI CRC Virginia Apostille."

But yeah I would agree with the previous advice to just go with a state police check. I got the FBI one done, but just opted to go the state route and it was pretty easy. My state (PA) allows you to request a notarized check so all you have to do after that is send it off for an apostille.
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the oak llama



Joined: 05 Dec 2008

PostPosted: Thu Apr 09, 2009 8:38 am    Post subject: Reply with quote

http://forums.eslcafe.com/korea/viewtopic.php?p=1480421#1480421

yeah it was posted by Ut videam. And it's West Virginia. My bad.

there you go.
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nachoinkorea



Joined: 25 Mar 2009
Location: Seoul

PostPosted: Thu Apr 09, 2009 6:07 pm    Post subject: Reply with quote

Guys, you CAN get an FBI check apostilled, you just cannot get it done by the State Department. You need to contact the Secretary of State of your state of legal residence (ex. the Secretary of State for Texas).They can apostille the document for you. If you contact the U.S. State Department they will not be able to help you.
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Aelric



Joined: 02 Mar 2009

PostPosted: Thu Apr 09, 2009 6:27 pm    Post subject: Reply with quote

I had the benefit of living in my states capital (Olympia, WA) and after I got my FBI CBC bak I went directly to the Secretary of States office and got it apostilled in less than ten minutes. This was accepted and fine back in October of 2008. Unless there is a policy change, I don't think it would be any different. Now, if this is for an in country job jump, well, I dunno what to say.
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Guerciotti



Joined: 16 Feb 2009
Location: about 6,371.57 miles from Busan

PostPosted: Sun Apr 26, 2009 4:42 pm    Post subject: Reply with quote

Aelric wrote:
I had the benefit of living in my states capital (Olympia, WA) and after I got my FBI CBC bak I went directly to the Secretary of States office and got it apostilled in less than ten minutes. This was accepted and fine back in October of 2008. Unless there is a policy change, I don't think it would be any different. Now, if this is for an in country job jump, well, I dunno what to say.


Do you leave the FBI check in the envelope and get it apostilled, or take it out? I'm clueless and paranoid about this stuff.
It may be easier just to get a state check ...
G
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