US Visa Documents to Notarise From Australia
Table of contents
For a US visa from Australia, you usually need no notary and no apostille. The US Department of State asks for original civil documents or copies certified by the issuing office, translations certified by the translator, and, for immigrant visas, a particular kind of Australian police certificate. That police certificate is where applicants most often go wrong.
Key takeaways
- Short visits usually run through the Visa Waiver Program and ESTA, with no supporting documents.
- For immigrant visas, "certified copy" means a copy certified by the issuing authority, such as the state registry. It does not mean a notarised photocopy.
- The Department of State wants an AFP certificate based on a name and fingerprint check, not the standard name-only check most people order.
- Translations need the translator's own certification of accuracy and competence. Notarising it is optional.
- USCIS says Forms I-134 and I-864 do not need to be signed before a notary. Check the current edition of each form.
What does this page cover?
This page is about the documents for a US visa or green card applied for from Australia. US property, estates, companies, courts, banks and US-style notarial certificate blocks are a different subject. They are covered on our apostille for the USA page.
US visa rules and forms change. The Department of State's instructions for your visa category, and its country page for Australia, are the only reliable sources. Read them on the day you start gathering documents.
Do you need documents for a short visit?
Australians travelling for tourism or business for short stays usually use the Visa Waiver Program, applying online through ESTA. Nothing is notarised or uploaded.
Nonimmigrant visas, such as student, exchange and work visas, are applied for through the US Embassy and consulates in Australia. They rarely involve an Australian notary either. The interview is where the consular officer sees you and your documents in person.
What is the Department of State's page for Australia?
The Department of State publishes a "reciprocity" page for each country. It lists which civil documents exist there, who issues them, and which the US accepts. For Australia, it points to the state and territory Registries of Births, Deaths and Marriages for birth, marriage and death certificates, and to the federal family courts for divorce records.
This page is the single most useful thing to read before gathering documents. It tells you the issuing office for each document. That office is where your certified copy comes from.
What does "certified copy" mean for a US immigrant visa?
For immigrant visas, the Department of State asks for an original birth certificate or a certified copy. The same applies to each marriage certificate and each document ending a previous marriage.
"Certified copy" here means a copy certified by the issuing authority, which for an Australian birth certificate is the registry. It does not mean a photocopy certified by a notary or a Justice of the Peace. A certificate ordered fresh from the registry is the document the consulate is looking for. A notarised photocopy of an old certificate is not a substitute.
If you do not have an original, order a new one from the registry in the state or territory where the event was registered. Order the standard certificate, not a commemorative one. For a divorce, get the record from the court that granted it. See divorce records for overseas use.
What if your name differs between documents?
This is a common snag in a US immigrant visa file. Your birth certificate may show a birth name, your passport a married name, and an old police record a different spelling again. The consular officer, as the receiving authority, needs to follow one person through every document.
Explain each change with the document that made it: a marriage certificate, a change of name certificate from the registry, or a court order. These come from the issuing office, like the rest of the file. A notarised declaration that two names belong to you is rarely what the US asks for, so try the registry documents first. See name mismatches.
Which police certificate does the US want?
Immigrant visa applicants above an age the Department of State sets need police certificates from countries they have lived in. For Australia, the Department of State says the certificate is issued by the Australian Federal Police and must be based on a name and fingerprint check.
That is not the standard online AFP check most people order for a job. It is a separate application with fingerprints, lodged for the purpose the Department of State specifies. A name-only certificate, however recent, does not meet the requirement. Read the Department of State's Australia page for the application route, and follow it exactly.
The Department of State also treats police certificates as expiring after a set period. Order yours with the interview in view, not months ahead. No notary and no apostille is involved. US embassies and consulates have no power to issue apostilles, and the Department of State does not ask for one on Australian documents for a visa. See criminal record checks for overseas use.
How must translations be certified?
Documents in English need no translation. For any document in another language, both the Department of State and US Citizenship and Immigration Services (USCIS) require a full English translation. It must carry the translator's certification that it is complete and accurate and that the translator is competent to translate.
The translator certifies. There is no requirement that the certification be notarised. A NAATI-certified translator in Australia can provide a translation with that certification. Some translators offer a notarised version as well. For US immigration purposes that is optional, not required. See document translation.
Which US forms do not need a notary?
Two US forms often arrive in Australia with an assumption that they must be signed before a notary.
- Form I-134, the Declaration of Financial Support. USCIS states that it does not need to be signed in front of a notary.
- Form I-864, the Affidavit of Support. Despite its name, USCIS's instructions do not require notarisation.
Check the current edition of each form before signing. Editions change, and USCIS accepts only the edition it currently specifies. If a sponsor in the US insists on a notary anyway, ask which instruction they are relying on.
| Document | What the US asks for | Notary or apostille? |
|---|---|---|
| Birth or marriage certificate | Original, or a copy certified by the registry | No |
| Divorce record | From the court that granted it | No |
| Australian police certificate | AFP name and fingerprint check | No |
| Translation of a foreign document | Full translation with the translator's certification | Optional notarisation only |
| Form I-134 or I-864 | Current edition, signed as instructed | No, per USCIS |
Is this like applying for an Australian visa?
In spirit, yes. For Australia's Department of Home Affairs, a certified copy by an authorised person is usually enough, and a notary is rarely needed. The US goes a step further by asking for the issuing office's own copy. Both systems care more about the right original document than about extra stamps on a photocopy.
If you are also sponsoring a US family member to Australia, their US documents are dealt with in the US. An Australian notary cannot vouch for what a US authority issued.
Where might an Australian notary still fit?
- A US employer, university, bank or court may ask for a document signed before a notary. That is a US transaction requirement, not a visa one.
- A document for use in a US state, such as a real estate or estate document, may need notarising and a DFAT apostille. The United States has been a party to the Apostille Convention since 15 October 1981, as of our last check; confirm it on the HCCH status table on the day.
- A US passport application for a child may need a parent's consent form witnessed. See who can witness a DS-3053.
An Australian notary is not the same as a US notary public, and some US certificate wording needs adapting. See Australian and US notaries compared.
How should you prepare, in order?
- Read the Department of State's instructions for your visa category and its Australia country page.
- Order registry originals for every birth and marriage, and the court record for any divorce.
- Arrange translations for any document not in English, with the translator's certification.
- Check the current edition of any USCIS form, such as the I-864, and sign it as its instructions say.
- Lodge the AFP name and fingerprint check close enough to the interview that it stays current.
- Take originals to the interview, and pay for no notarisation the instructions do not mention.
Here is an illustration, not a real case
A Brisbane nurse is joining her American husband on an immigrant visa. She orders a fresh Queensland birth certificate and their marriage certificate from the registry, and the divorce record for her first marriage from the court. She lodges an AFP name and fingerprint check for the purpose the Department of State names, timed to her interview. Her husband signs the I-864 in the US without a notary, as USCIS's instructions allow. Nothing is notarised or apostilled.
In short
A US visa from Australia runs on registry originals, translator-certified translations and the right AFP check. "Certified copy" means the issuing office's copy, not a notarised photocopy. A notary comes in for US transactions such as property, estates and banks, not for the visa. See document notarisation for when one genuinely fits.
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Asked for a notarised document by a US body? Send us its request, and we will explain each step before you book.
Frequently asked questions
Does my Australian birth certificate need an apostille for a US green card?
No. The Department of State asks for an original or a copy certified by the registry that issued it, not an apostille. Order a fresh certificate if you do not have the original.
Can a notary certify a copy of my birth certificate for the US consulate?
That is not what the consulate asks for. For a US immigrant visa, a certified copy means one issued by the registry, not a photocopy certified by a notary or JP.
Can I use my existing AFP police check?
Only if it was a name and fingerprint check lodged for the purpose the Department of State specifies, and it is recent enough. A standard name-only check does not qualify.
Does my translator's certification need to be notarised?
Not for USCIS or Department of State purposes. The translator's own certification that the translation is complete and accurate, and that they are competent, is what is required.
Do I need an Australian notary for my I-864?
No. USCIS's instructions say the I-864 does not need to be notarised. Check you are using the current edition of the form.
Does Form I-134 need a notary?
USCIS states that Form I-134 does not need to be signed in front of a notary. Use the edition USCIS currently specifies.
Do I need anything for a short US visit?
Usually not. Australians on short tourism or business trips generally use the Visa Waiver Program and apply online through ESTA, with no supporting documents.
Can the US Embassy in Australia apostille my documents?
No. US embassies and consulates cannot issue apostilles. Only DFAT apostilles Australian documents, and the Department of State does not ask for apostilles on visa documents.
Where do I get my divorce record for a US visa?
From the Australian court that granted the divorce. The Department of State's Australia page points to the federal family courts for divorce records.
When would I need a notary for something in the US?
For US transactions rather than visas, such as property, estates, banking or court documents. The US recipient will say what it wants, often with a DFAT apostille.
