U.S. citizens abroad
U.S. documents for use abroad: notary and apostille
Some documents have to be accepted by an office in another country, often with a notarization and then an apostille or another form of authentication. If you are in the United States, the usual notary rules apply. If you are outside the United States, we can notarize by video only when the document also has one of the U.S. connections New Jersey law requires.
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When this comes up
If you are in the United States, examples include documents for a foreign marriage, residency, school, employment or property matter. The foreign office decides what it will accept.
Ask the receiving party first
The most common reason a notarized document is rejected is that nobody checked what the other side would accept. Before you book, find out:
- Which country will receive it, and is that country a party to the Apostille Convention? The State Department explains the difference between an apostille and embassy legalization.
- If you are outside the United States, which U.S. court, agency, property or transaction is the document connected to? Without one, we cannot notarize it by video for you.
- Does the foreign office want an apostille, a legalization, or a translation as well?
- Who issues the apostille for this document? It depends on whether the document is a state record, a notarized private document or a federal record. The State Department page covers this.
- Does the foreign office accept a remotely notarized document? Some do not, so ask in writing.
- Do they need originals or will copies do?
How it works
- Ask the receiving party. Find out in writing whether it accepts a remote notarization and what kind of notarial act it needs.
- Send us the document. Tell us what it is for and where you will be. We check that it has one of the three U.S. connections New Jersey law requires for a signer outside the United States.
- Book a video session. Online sessions run 7 a.m. to 9 p.m. Eastern time, 7 days a week, by appointment. Bring an unexpired government photo ID, a device with a camera and microphone, and a steady connection. Check the clock in both places.
- Sign on camera. We verify your identity, you sign when told to, and the notary completes the notarization.
- Send it on. You receive the notarized document to deliver or upload as the receiving party requires.
Does this document qualify from abroad?
For a signer outside the United States, a document qualifies when it also relates to a matter before a U.S. court, agency or other U.S. entity, involves property in the United States, or relates to a transaction substantially connected with the United States. An example is a power of attorney over a U.S. home, or an affidavit for a U.S. court case, that an office abroad also wants to see with an apostille. A document only about a matter in your country, such as a local marriage, residency, school or job application with no U.S. court, property or transaction behind it, does not qualify. For that, use a notary where you live or a U.S. embassy or consulate.
When a New Jersey notary can act
- The notary must be physically in New Jersey. You can be anywhere. Puerto Rico, the U.S. Virgin Islands and other U.S. territories count as inside the United States.
- If you are outside the United States, the document must meet at least one of these: (a) it will be filed with, or relates to a matter before, a U.S. court, public official, government agency or other entity under U.S. jurisdiction; (b) it involves property located in the United States; or (c) it relates to a transaction substantially connected with the United States.
- In every case, signing it must not be prohibited by the country you are in. You confirm that with the local authorities there; we are not lawyers and cannot advise on foreign law.
- Wills and codicils are outside New Jersey's remote notarization law, so we do not notarize them by video.
- The receiving party decides whether it accepts the result.
- The session is recorded, and New Jersey requires the recording to be kept for at least 10 years.
Source: N.J.S.A. 52:7-10.10 (P.L.2021, c.179, section 19), New Jersey Legislature. This is a plain summary, not legal advice.
Mistakes that get paperwork rejected
- Starting the notarization before learning what the foreign office needs.
- Assuming every country accepts an apostille. Some do not take part in the convention.
- Skipping translation requirements.
- Assuming a notary can issue the apostille. The state or federal authority does that.
- Forgetting that apostilles may have their own processing times and fees.
Questions
What is an apostille?
A certificate attached to a public document so that countries in the Apostille Convention accept it. For a notarized private document, it usually confirms the notary's authority.
I live abroad. Can you notarize by video a document only for use in my country?
No, unless it also meets one of the three U.S. connections. A document with no U.S. court, agency, property or transaction behind it does not qualify for a signer outside the United States. A local notary or a U.S. embassy or consulate is the route for that.
Can you issue an apostille?
No. A government authority issues it. We can handle the notarization and point you to the right office. See our apostille page.
Does my country accept an apostille?
Check the country's party status with the State Department or the foreign office that will receive the document.
MCC Solutions is not a law firm and a notary cannot give legal advice, choose the type of notarization for you, or tell you what a document means. Ask the office or person who will receive the document what it needs, and ask a lawyer about the content.