Just FYI - Use a professional translator for documents

[kxp 30]

At Malaysian embassy our K-1 app was just refused due to needing certified translation of birth certificate (only document that we needed to translate). Based on guidance in this forum, we had her complete the translation and provide her own signed certificate and they advised it was insufficient and she could not do it herself. 

Edited December 19, 2023 by kxp
clarification

[TBoneTX 43,413]

It's better to have even a friend or neighbor do and certify the translation.

[kxp 30]

11 minutes ago, TBoneTX said:

It's better to have even a friend or neighbor do and certify the translation.

Again, it was based on feedback in this forum that we had her do it herself, such as this thread: 

 

[jan22 2,912]

There may be a specific reason why they did not accept her self-translation, as opposed to it being a general requirement for everyone.  For example, thry may have decided her command of English was insufficient for certifying a translation.  The certification statement you attached appears to have a few non-standard English issues.  In the statement she, herself, states she is "fluent (conversant)" in English.  Being "conversant" in a language usually connotes the ability to understand and carry on conversations, but reading and writing skills are not as strong. It may not be considered fluent for the purpose of doing official translations.

[kxp 30]

57 minutes ago, jan22 said:

There may be a specific reason why they did not accept her self-translation, as opposed to it being a general requirement for everyone.  For example, thry may have decided her command of English was insufficient for certifying a translation.  The certification statement you attached appears to have a few non-standard English issues.  In the statement she, herself, states she is "fluent (conversant)" in English.  Being "conversant" in a language usually connotes the ability to understand and carry on conversations, but reading and writing skills are not as strong. It may not be considered fluent for the purpose of doing official translations.

That statement was taken from this forum, we did not write it ourselves. Further, it was for her birth certificate; very straightforward to translate as it’s 99% one or two words translated in each box. 

[jan22 2,912]

30 minutes ago, kxp said:

That statement was taken from this forum, we did not write it ourselves. Further, it was for her birth certificate; very straightforward to translate as it’s 99% one or two words translated in each box. 

I understand all of that.  But, this forum does not provide legal advice nor can guarantee an exact outcome. 

 

I would question whether someone else used that exact language and was successful.  it does not say, for example, that sbe was fluent in the language the certificate was written in -- it only mentions English fluency.  To certify a translation, the translator must attest to tbeir ability in English and [the other language].  However, someone else may have used that exact language, but was seen by an official who either may not have read the certification and seen the missing language attestation and unusual English language usage or decided during the interview that the individual was proficient enough in English to provide a legal translation. 

 

The complexity of the document is not the issue. Either someone is sufficiently proficient in the two languages to provide legal translations or not.   

 

I am not saying this is the reason why you were asked to provide a different certified translation. But, as you were advising people they needed to use professional translators -- which is usually not the case -- I am saying it is one possibility, so others may be better able to judge what to do in their own case.

[PokuPoku 18]

My fiancee speaks/reads malay and english near perfectly. If you'd like, you can PM me and we help you with the translation and possibly even have her translate and certify it for you.

Did you have someone else look at the translation before submitting it? It might be possible something was translated wrong.

[kxp 30]

5 hours ago, jan22 said:

But, as you were advising people they needed to use professional translators -- which is usually not the case -- I am saying it is one possibility, so others may be better able to judge what to do in their own case.

And I am saying if you’ve waited 18 months, just use a service that guarantees embassy acceptance, rather than hoping your own translation will pass. It’s a risk not using a service. Better to be safe than sorry. My post is a warning for others who are on the fence about their documents. They didn’t say that her skills were insufficient, they said she wasn’t allowed to do it herself. 

Edited December 19, 2023 by kxp
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[JeanneAdil 6,244]

Department of state says

always refer to USCIS and DOS 

 

Be aware that USCIS also has regulations about translations of civil documents. The Electronic Code of Federal Regulations on Aliens and Nationality  has the following paragraph:

(3) Translations. Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language into English.

 

https://www.state.gov/global-community-liaison-office/naturalization-of-foreign-born-spouses/expeditious-naturalization-application-materials-and-information/

[IWander 583]

1 hour ago, JeanneAdil said:

Department of state says

always refer to USCIS and DOS 

 

Be aware that USCIS also has regulations about translations of civil documents. The Electronic Code of Federal Regulations on Aliens and Nationality  has the following paragraph:

(3) Translations. Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language into English.

 

https://www.state.gov/global-community-liaison-office/naturalization-of-foreign-born-spouses/expeditious-naturalization-application-materials-and-information/

The Department of State is not bound to follow what the USCIS does.  However in this situation they do.  The following is from the DOS website...

 

The translation must include a statement signed by the translator stating that:

The translation is accurate, and

The translator is competent to translate.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents/step-7-collect-civil-documents.html#:~:text=Please note that all documents,be accompanied by certified translations.

 

We also know that some consulates sometimes go rogue.  Apparently this is the situation here.

[IWander 583]

On 12/18/2023 at 9:30 PM, kxp said:

At Malaysian embassy our K-1 app was just refused due to needing certified translation of birth certificate (only document that we needed to translate). Based on guidance in this forum, we had her complete the translation and provide her own signed certificate and they advised it was insufficient and she could not do it herself. 

The signed attestation does not indicate fluency in Malay 

[Chancy 6,233]

On 12/18/2023 at 9:30 PM, kxp said:

we had her complete the translation and provide her own signed certificate and they advised it was insufficient and she could not do it herself.

 

As mentioned above, the wording on the attestation form is wrong, hence insufficient and indicates that your fiancee is not qualified to do the translation herself.