US apostille: federal vs state, the complete 2026 guide for Spain

The question we end up correcting most often in US consular files is not "how do I get it translated" but "where do I apostille it". For US documents destined for Spain, the US runs two parallel apostille systems: one federal and one state. Confusing them means the document comes back and the file is delayed by weeks.

This guide explains precisely which documents get apostilled at each level, how much it costs, how long it takes, and how to speed things up.

Why Spain requires apostille

Spain is a signatory to the 1961 Hague Convention on the abolition of the requirement of legalisation for foreign public documents. The United States also signed it (in 1981). This means a US public document with apostille is automatically recognised by Spanish authorities as authentic, with no need for additional consular legalisation.

Without an apostille, the document is invalid for Spain: the consulate, the Civil Registry, the Immigration Office or a Spanish notary will reject it at the counter. Any document crossing the border needs this certification.

The main rule: who issued the document?

The authority competent to apostille depends on who originally issued the document:

This rule is where 80% of applicants get tripped up. The FBI is a federal agency, so its Identity History Summary gets apostilled at the federal Department of State — not at the Secretary of State of the state where the applicant lives. The most expensive timing mistake: if you send it to the wrong state, they return it unapostilled, losing 3-4 weeks.

Federal apostille — Department of State (Office of Authentications)

The federal apostille is issued by the Office of Authentications of the U.S. Department of State in Washington DC. It is the only authority competent for federal documents.

Documents requiring federal apostille

• FBI Identity History Summary (commonly called "FBI background check").
• IRS tax transcripts and certified copies of federal returns.
• USCIS documents (Certificate of Naturalization N-550, Certificate of Citizenship N-560, etc.).
• DD-214 and other military documents.
• Social Security Administration formal certifications.
• U.S. Department of Education federal documents.

Process

1. Obtain the original document with seal of the issuing federal agency (not a photocopy).
2. Fill out form DS-4194 ("Request for Authentications Service").
3. Attach a money order or cashier's check for $8 per document payable to "U.S. Department of State".
4. Mail the package to:

   Office of Authentications
   U.S. Department of State
   600 19th Street NW
   Washington, DC 20006
   

5. Include a prepaid return envelope (USPS Priority or equivalent with tracking) for them to return the apostilled document.

Timelines

• Standard (mail): 8-12 weeks. Historically the average has been growing; in 2026 it sits around 10-12 weeks.
• Walk-in service: does not exist since 2020. The in-person service in Washington DC was eliminated after the pandemic and has not been reactivated.
• Express via intermediary agencies: 1-2 weeks, +$100-200 additional.

DC intermediary agencies

Private agencies acting as professional couriers with daily presence at the Department of State can speed up the process. Common names: Monument Visa Service, Apostille Pros, Washington Express Visas. They charge $100-200 above the official fee but reduce the timeline to 1-2 weeks. For tight consular deadlines, usually worth it.

State apostille — Secretary of State

Each of the 50 states (plus DC and Puerto Rico) has its own Secretary of State with authority to apostille documents issued by agencies of that state.

Documents requiring state apostille

• Birth certificates (issued by state Vital Records).
• Marriage certificates (issued by County Clerk).
• Divorce decrees and other state judgments.
• Death certificates.
• Adoption decrees.
• Court orders (state courts).
• Medical certificates signed by MDs licensed in that state.
• Notarial documents (powers, sworn statements, acknowledgments) signed before a notary public of that state.
• Academic transcripts issued by state universities (in states where these can be apostilled; some require prior authentication by the State Department of Education).

State-by-state particulars

Each Secretary of State has its own form, fee and timeline. Some 2026 examples:

Amounts and timelines change; confirm on the Secretary of State's official website before sending.

Pre-apostille steps in some states

Some states require prior authentication before the apostille:

• Texas: documents signed by notary public sometimes need certification by the County Clerk of the notary's county before going to SoS.
• Florida: similar for some hospital-issued vital records documents.

Verify the steps on the SoS website of your state to avoid sending a document that requires intermediate certification.

Quick table by document type

After the apostille: the sworn translation

The apostille alone is not enough to submit the document in Spain. Spain requires that documents in English (including the apostille itself) reach the file translated by a MAEC-accredited sworn translator-interpreter.

A US "ATA certification" or "notarized translation" has no validity before Spanish administrations. Only the sworn translation by a professional accredited by the Spanish Ministry of Foreign Affairs (MAEC) counts.

At Textualia we translate the complete document + the apostille + any attached note or seal. For the most common US documents we have dedicated technical pages with the exact document format and transcreation ready for consular visa:

• Sworn translation of FBI background check
• Sworn translation of birth certificate
• Sworn translation of marriage certificate
• Sworn translation of medical certificate of good health
• Sworn translation of ID documents
• Sworn translation of power of attorney

Common mistakes we see in US files

1. Apostilling the FBI background check at the state Secretary of State. Still mistake #1. FBI is federal → federal apostille.
2. Confusing Secretary of State with Department of State. They are different bodies. The "Department of State" (alone) is the federal one in Washington DC. The "Secretary of State" is the state-level office in each of the 50 states.
3. Sending documents without prepaid return envelope. Both federal and state, without a return envelope your document gets stuck.
4. Apostilling an expired document. The FBI Identity History Summary, medical certificate and others have 3-month validity for Spain. Don't apostille if they're already 4 months old.
5. Forgetting to apostille the notarial certified copy. If you need to submit copies instead of the original (to keep the physical birth certificate), you apostille the notarial copy, not the original.
6. Thinking the Spanish sworn translation is optional if you have the apostille. The apostille certifies authenticity of the document, not translation of content. Spain requires both.

Practical shortcuts

• If you'll apostille more than one federal document, do them all in the same envelope to the Department of State. Same timeline, fewer mail trips.
• If your federal document is very urgent (consular appointment in 4 weeks), hire a DC intermediary agency from day one. Don't wait to see if federal mail makes the deadline.
• For birth and marriage certificates: request directly from the state via online channels when possible (VitalChek, etc.) and ask for the apostille in the same step if the state offers it.
• Commission the sworn translation in parallel with the apostille. Once you have the apostilled document, send it to the sworn translator immediately. At Textualia the standard timeline for a typical US file is 3-5 business days.

Related pages

• Spain Non-Lucrative Visa for US citizens — the consular context where the US apostille is most needed.
• Apostille of The Hague: what it is and how to obtain it — general explanation of the process.
• Common sworn translation mistakes that cause rejection — where most files come back.
• Complete catalogue of documents we translate — all technical fact sheets.

→ Request my sworn translation

Once you have the apostille in hand, upload the PDF to the quote tool. Instant price, timeline tailored to your consular appointment, and electronic delivery with full validity at all Spanish consulates in the US and Spanish administrations.