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Degree, FBI Background Check apostille in different state

 
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millyfrend



Joined: 29 Apr 2010

PostPosted: Tue Oct 26, 2010 10:08 am    Post subject: Degree, FBI Background Check apostille in different state Reply with quote

I just want some consenus/feedback on this topic and there has been some misinformation/confusion on the forum about apostilles. I will just tell you what my friend went through.

My friend got a FBI background check, which took her 7 weeks to get. Due to her job deadline, she must get her paperwork in by a certain time. She used an apostille agency to expedite the process. The FBI background check was notarized and apostille in California. Also, she had a degree from University of Florida and it was apostille in California for faster processing. She said, everything was accepted by Korean Immigration. Some people have been asking how you can go through a different state to get an apostille. You can used apostille agencies like Apostille Pros www.apostillepros.com
or if you know someone from those states.

What I don't get is some people said, if you have a degree from the issuing state, in this case (Florida) that it cannot be apostille outside of that state. Why was it accepted for her case and others (on this forum), whereas, some people said otherwise. Are people giving out wrong information or was there miscommunication at the Korean Immigration or people at the Korean Immigration have their own rules from person to person.

I know when I went to China and had to go through immigration to get my paperwork, each person who work for them had their own set of rules. It was so frustrating. One told me this and another told me that to keep rejecting my documents, but they were fine. The last person, who worked there longer said everything was fine and those people that told me otherwise were just new workers. I was furious 'cause it takes a very long time to wait at the consulate and nothing was wrong with my documents in the first place.

Anyway, I just want to confirm on her case that her degree from Florida was apostille in California and FBI background check was notaried/apostille in California and accepted in South Korea by Korea Immigration and for her job.

The reason why you would want to legalize your documents in another state is for faster processing to meet deadlines, like in her case, 'cause in her state it would have taken forever to get an apostille.


Last edited by millyfrend on Wed Nov 10, 2010 9:50 pm; edited 1 time in total
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eliross



Joined: 14 Jun 2007

PostPosted: Tue Oct 26, 2010 5:05 pm    Post subject: Reply with quote

Well the FBI says local state governments will not apostille federal documents and only the federal government can do this.

The reason for this is that an Apostille is only an authentication of the notary or authentication service. Notary services are local state services so the local state department has to give the apostille. The FBI is a federal service so the federal government has to apostille. This is all according to some old Hague Convention which states how foreign paperwork is authenticated internationally, blah blah blah.

Anyway same goes with the diploma. The notary and Apostille have to be from the same state. This is straight from my local State Department by email.

I don't know how your friend did it unless the service mailed the documents or there is some other way to get around it they certainly won't let an individual do it.
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kp_vtekniks



Joined: 04 Feb 2010

PostPosted: Wed Oct 27, 2010 6:19 pm    Post subject: Reply with quote

eliross wrote:
Well the FBI says local state governments will not apostille federal documents and only the federal government can do this.

The reason for this is that an Apostille is only an authentication of the notary or authentication service. Notary services are local state services so the local state department has to give the apostille. The FBI is a federal service so the federal government has to apostille. This is all according to some old Hague Convention which states how foreign paperwork is authenticated internationally, blah blah blah.

Anyway same goes with the diploma. The notary and Apostille have to be from the same state. This is straight from my local State Department by email.

I don't know how your friend did it unless the service mailed the documents or there is some other way to get around it they certainly won't let an individual do it.


This is exactly what I was told from the WA state apostille dept.
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3DR



Joined: 24 May 2009

PostPosted: Wed Oct 27, 2010 6:35 pm    Post subject: Reply with quote

Look...everyone CHECK YOUR OWN STATE. It's that simple. It's different for every state.

I'm from Michigan and I was able to get my degree from a university in Virginia notarized and apostilled here.

Like posters above me, it may not work in your state, but the least you can do is try. Going down and finding out you can't do it is worth it since you can shave a lot of time off the process. just make sure it's notarized first.

And California and Michigan have been two of the states I've heard on this forum where you can get your FBI check notarized and apostilled without any problems.
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millyfrend



Joined: 29 Apr 2010

PostPosted: Thu Oct 28, 2010 9:14 am    Post subject: Reply with quote

You can notarize/apostille a degree that was issued in a different state and the FBI Background Check in TEXAS as well. Some people on this forum said in Texas you're not allowed to notarize and apostille a FBI Background Check, but my friend in Texas did that. There's a lot of misinformation by people on this forum and it confuses everyone. Or they went to a notary in the state and he/she doesn't know how to notarize a FBI Background Check. Not all notaries know how to notarize a FBI Background Check.

But YES a FBI Background Check was notarized and apostille IN TEXAS!!! It was accepted by Korea Immigration and employer.





3DR wrote:
Look...everyone CHECK YOUR OWN STATE. It's that simple. It's different for every state.

I'm from Michigan and I was able to get my degree from a university in Virginia notarized and apostilled here.

Like posters above me, it may not work in your state, but the least you can do is try. Going down and finding out you can't do it is worth it since you can shave a lot of time off the process. just make sure it's notarized first.

And California and Michigan have been two of the states I've heard on this forum where you can get your FBI check notarized and apostilled without any problems.
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passport220



Joined: 14 Jun 2006
Location: Gyeongsangbuk-do province

PostPosted: Thu Oct 28, 2010 6:51 pm    Post subject: Reply with quote

millyfrend wrote:
You can notarize/apostille a degree that was issued in a different state and the FBI Background Check in TEXAS as well. Some people on this forum said in Texas you're not allowed to notarize and apostille a FBI Background Check, but my friend in Texas did that. There's a lot of misinformation by people on this forum and it confuses everyone. Or they went to a notary in the state and he/she doesn't know how to notarize a FBI Background Check. Not all notaries know how to notarize a FBI Background Check.

But YES a FBI Background Check was notarized and apostille IN TEXAS!!! It was accepted by Korea Immigration and employer.
To have an apostille official in one state (Texas) certify the standing of a notary in another (Virginia in the case of the FBI) is also counter to my understanding of the apostille process. Maybe some states maintain a nationwide list to verify other states notaries or they have some kind of reciprocal agreement with another state.

Can you describe how the Texas official prepared the document or better yet, snap a photo, block out personal info. and post? Maybe someone can use this information to explain what they need and have it done in their own state.
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3DR



Joined: 24 May 2009

PostPosted: Thu Oct 28, 2010 7:25 pm    Post subject: Reply with quote

I should also mention about getting something notarized...try a UPS service center. Dead serious. Just about all of them do it, and they are actually competent and know what they are doing. Just check with the one in your area first.
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waseige1



Joined: 09 Oct 2008

PostPosted: Thu Oct 28, 2010 9:47 pm    Post subject: My 2cents Reply with quote

passport220 wrote:
millyfrend wrote:
You can notarize/apostille a degree that was issued in a different state and the FBI Background Check in TEXAS as well. Some people on this forum said in Texas you're not allowed to notarize and apostille a FBI Background Check, but my friend in Texas did that. There's a lot of misinformation by people on this forum and it confuses everyone. Or they went to a notary in the state and he/she doesn't know how to notarize a FBI Background Check. Not all notaries know how to notarize a FBI Background Check.

But YES a FBI Background Check was notarized and apostille IN TEXAS!!! It was accepted by Korea Immigration and employer.
To have an apostille official in one state (Texas) certify the standing of a notary in another (Virginia in the case of the FBI) is also counter to my understanding of the apostille process. Maybe some states maintain a nationwide list to verify other states notaries or they have some kind of reciprocal agreement with another state.

Can you describe how the Texas official prepared the document or better yet, snap a photo, block out personal info. and post? Maybe someone can use this information to explain what they need and have it done in their own state.


You are right and wrong at the same time I believe.

You are right that a Texas Secretary of State (SOS) can not apostille the notary of a Virginian.

BUT... A Texas Notary could attest to the documents authenticity (reasonable man legal standard) even if it was from Virginia and then the Texas SOS can apostille it.

My FBI check and Iowa diploma were notarized AND apostilled in Tennessee.

The key is you have to get the notary and apostille in the same state.

Now maybe Washington has laws that it will NOT notorize other states documents. It sounds like Texas, California and TN do not.
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passport220



Joined: 14 Jun 2006
Location: Gyeongsangbuk-do province

PostPosted: Thu Oct 28, 2010 9:57 pm    Post subject: Re: My 2cents Reply with quote

waseige1 wrote:
BUT... A Texas Notary could attest to the documents authenticity (reasonable man legal standard) even if it was from Virginia and then the Texas SOS can apostille it.
Yeah, that is what I am asking. Did someone, party �X�, not associated with the FBI write a �the attach document is true and accurate, blah, blah, blah� type of statement, sign it, then have that notarized, apostillized, etc. or are we talking about a document ONLY with an FBI signiture, untouched from how it was received. How specifically was the document prepared?

If we can generate some examples of what worked, someone who was shot down trying to get a �FBI Signature� notarized in their state in the first place, may be able to prepare the document in another way and get it done.
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waseige1



Joined: 09 Oct 2008

PostPosted: Thu Oct 28, 2010 10:04 pm    Post subject: Re: My 2cents Reply with quote

passport220 wrote:
waseige1 wrote:
BUT... A Texas Notary could attest to the documents authenticity (reasonable man legal standard) even if it was from Virginia and then the Texas SOS can apostille it.
Yeah, that is what I am asking. Did someone, party �X�, not associated with the FBI write a �the attach document is true and accurate, blah, blah, blah� type of statement, sign it, then have that notarized, apostillized, etc. or are we talking about a document ONLY with an FBI signiture, untouched from how it was received. How specifically was the document prepared?

If we can generate some examples of what worked, someone who was shot down trying to get a �FBI Signature� notarized in their state in the first place, may be able to prepare the document in another way and get it done.


If I understand you right.... the raw FBI form could not be apostilled anywhere except maybe the Department of State with the extra seal you must request at the time you get the CBC from the FBI (as explained on the FBI website).

The FBI form would need to have the "attest to it being real" type information on it and THAT IS WHAT IS NOTORIZED.

States ONLY apostille notorized documents OR government issued documents from their states (ie. birth cert, marraige cert, etc).

ANYTHING AND I MEAN ANYTHING CAN BE APOSTILLED. I could get a love letter apostilled if I can find a notary to attest it is real.
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passport220



Joined: 14 Jun 2006
Location: Gyeongsangbuk-do province

PostPosted: Thu Oct 28, 2010 10:28 pm    Post subject: Re: My 2cents Reply with quote

waseige1 wrote:
passport220 wrote:
waseige1 wrote:
BUT... A Texas Notary could attest to the documents authenticity (reasonable man legal standard) even if it was from Virginia and then the Texas SOS can apostille it.
Yeah, that is what I am asking. Did someone, party �X�, not associated with the FBI write a �the attach document is true and accurate, blah, blah, blah� type of statement, sign it, then have that notarized, apostillized, etc. or are we talking about a document ONLY with an FBI signiture, untouched from how it was received. How specifically was the document prepared?

If we can generate some examples of what worked, someone who was shot down trying to get a �FBI Signature� notarized in their state in the first place, may be able to prepare the document in another way and get it done.


If I understand you right.... the raw FBI form could not be apostilled anywhere except maybe the Department of State with the extra seal you must request at the time you get the CBC from the FBI (as explained on the FBI website).

The FBI form would need to have the "attest to it being real" type information on it and THAT IS WHAT IS NOTORIZED.

States ONLY apostille notorized documents OR government issued documents from their states (ie. birth cert, marraige cert, etc).

ANYTHING AND I MEAN ANYTHING CAN BE APOSTILLED. I could get a love letter apostilled if I can find a notary to attest it is real.
Yeah, that is what I am getting at. To be clear a notary is not attesting that you have real love for the person, not signing off that the love letter is real, only that it is really your signature on the document.

So right now, save some type of intrastate state reciprocal agreement it does not make sense to me that someone outside of the state of Virginia could attest to a signature of FBI personal/notary who are in Virginia. It does make sense that a notary / apostiller could attest to the signature of someone local who writes up a �the attached document is true and accurate, blah, blah, blah� type of statement and signs it.

If anyone can please confirm that it is a "raw" straight from the FBI document that is being processed outside the state of Virginia.
OR
Please, provide an example of specific �the attach document is true and accurate, blah, blah, blah� wording / document preparation for others to benefit from.
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jamo



Joined: 15 Jul 2009

PostPosted: Tue Nov 16, 2010 4:52 pm    Post subject: Reply with quote

ok so what if I didn't know I needed to check that box for the notary/apostille at the time of requesting my CBC frmo the FBI. I assume now they will mail it back without the notarized and apostille...do I need to send it back to the FBI?

Thanks...
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waseige1



Joined: 09 Oct 2008

PostPosted: Tue Nov 16, 2010 5:00 pm    Post subject: Reply with quote

jamo wrote:
ok so what if I didn't know I needed to check that box for the notary/apostille at the time of requesting my CBC frmo the FBI. I assume now they will mail it back without the notarized and apostille...do I need to send it back to the FBI?

Thanks...


In either case, the FBI will NEVER apostille the doc. They do a sort of federal notary that the State Department can then apostille. If you did not get the federal "notary" from the FBI, you need to get the check notarized in your state and then apostilled by the secretary of state of that same state.

Or, you could use one of the expensive apostille services that do it all for you.
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jamo



Joined: 15 Jul 2009

PostPosted: Tue Nov 16, 2010 5:59 pm    Post subject: Reply with quote

thank you very much for your reply Smile
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