Apostille and document preparation for US GV investors

That makes sense. What attorneys could you recommend to contact to handle the Portuguese side that I could reach out to directly?

Here are the lawyers I contacted. Don’t just go by the final cost! a few caveats:

  • the totals are for a family of 5.
  • The totals may differ for you based on the ages of the participants
  • some funds charge for “fund review”, others dont.
  • The annual SEF tax fee varies widely and is where I found the most “hidden fees”. Get that in detail. Don’t really rust what I have on the sheet for those.
  • some charge more up front and less later. others the other way around. Get details!
  • do your own homework.

Wow, you really put in some footwork! I talked to only 4! (I could add a couple to your list.)

Annual SEF tax fee? Or do you mean the tax representation (which is really “IRS”)?

If so, to expand on Larry’s great work, keep in mind that you can shop that one around too; there’s multiple folks who do it as a standalone product, and of course you can go from pure tax representation only (we’ll forward your mail) to tax prep, and that too depends on your needs - if you are doing a fund investment as a non-resident there should basically be nothing to be done (or at worst, have an accountant prep it once so you know what values go into what fields, then do it yourself the following years), if you’re buying and planning to rent out a house you’ve got a whole snarl of tax fun.

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You have to have a tax representative in PT. They charge for that and to deal with their version of the IRS.

I can’t open it can you send it another way

Might try another browser or you can email me directly.

I am told that if you select the “snail mail” service for the FBI background check and don’t open the envelope this is acceptable as well. Of course, the issue here is the length of time is longer. 6 of one, half-dozen of the other I guess.

I have never heard that and would doubt it to be valid.

What I have heard recently is that the SEF is granting some leniency if your formal apostille is not received in time, and waiting would pass some deadline (3-month duration for valid documents, an important birthday etc) and will accept an explanation letter stating the apostille will be added later. I suggest speaking with your PT lawyer.

Just as background - You will get an almost immediate result from the FBI check after you submit your fingerprints. You have the option to get the same result via snail mail, in addition. This is not on any special paper nor does it have a stamp or anything that the pdf emailed to you has.

I just received my Background check back. I made a mistake. I sent it on August 18th, not July. So took me 8 weeks, not 12. My lawyer at Atlantic Bridge said that that as long as I send her the receipt showing the August 18th date and the delay was due to the US government, SEF will be fine with the delay. Thankfully, I saved all that stuff.

Thank you for sharing your update on the Dept of State turnaround time. That is consistent with what I was told by them over the phone recently. I am hopeful to get ours back, then translated, and then off to our Lisbon lawyer in time for filing of the online application within 90 days of the FBI letter date. However, it is good to know your findings about the possible SEF flexibility.

I am very confused on what requires translation. I spoke to the consulate in SF and they told me that the FBI document is standard and does not require translation but they could do it anyways.

Michael, yes, it is confusing. However, I went back and reviewed some of the earlier email exchanges with our Lisbon attorney… the FBI check and the marriage certificate are to have an apostille for the federal (FBI) and state (marriage certificate) signatory. And, these documents are to also be translated into Portuguese and certified by the translator, and then THAT certification is to have an apostille. At least that’s what we’ve been told. It might end up being overkill, but we are going to follow those instructions. The last thing I want is to have the FBI check to go past 90 days because a “t” wasn’t crossed or an “i” dotted.

If you are working with a Portuguese attorney, I’d definitely double check with them.

I’ve never heard that the translation needs to be apostilled. Doesn’t really make sense. Otherwise it seems to be on target.

Yes, I think that is true that you don’t need apostille on background check but that is particular to the D7 outsourced processing within the US. If you are dealing directly with SEF as with a GV, then i think the rules are different.

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My attorney in PT is stating that i need “Proof of fiscal number” and this must be apostilled and translated. I assume they mean something like a social security card? Is this a standard request for others and how would I even get that apostilled? I googled this and could not find any examples of this .

UPDATE ON FISCAL NUMBER: The attorney says that I can self-certify this soc security card and have it apostilled. That seems pointless but whatever…

Also, I am getting conflicting information on the documents validity. From some I have heard that all documents must be dated within the last 3 months. (e.g., a 20 year old marriage license is not valid and I must order a freshly dated one). Others have said that I can use an old marriage license but it must be apostilled and translated within the last 3 months. Any one have any experience with this?

UPDATE: The attorney says that all documents must be fresh. In other words, if you have a birth certificate certified by health department in 1999, that won’t work. You need to get a new one certified within the last few months and then have that translated and then apostilled.

In my experience, older documents were fine but the apostille and certified translation has to be within 3 months. Same timing for FBI background check.