Validity of visa
View(s):The U.S. Embassy in Sri Lanka is proud to partner with the Sunday Times in this bi-weekly “Ask the Consul” column to answer common questions about the visas to the United States. This week we answer new questions posed by readers about visas to the United States
1. My visa to travel to the United States is still valid but in my expired passport. Do I need to apply for a new visa with my new passport?
No, you do not need to apply for a new U.S. visa for your new passport. If your visa is still valid you should travel to the United States with your two passports. Double check to make sure that the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. In other words, you can use your tourist visa to enter for tourism. However, if you are traveling to study, you will need to apply for a student visa. Both passports (the valid and the expired one with the visa) should be from the same country and type (Example: both Sri Lankan regular passports). Again, be sure to bring both passports on your travels. Do not try to remove the visa from your old passport and stick it into the new valid passport. If you do so, your visa will no longer be valid.
2. My visa will expire while I am in the United States. Should I apply for a new visa?
No, it is not necessary to apply for a new visa. At the Port-of-Entry, the Immigration Officer will admit you into the United States for a specific period of time. For a tourist, this period of time can range from one month to six months. This authorized period of time will be stamped in your passport or on the Form I-94 (which is also called an Arrival/Departure Record). You will be able to remain in the United States during your authorized period of stay, even if your visa expires during the time you are in the United States. Since your admission stamp or paper Form I-94 documents your authorized stay and is the official record permitting stay in the United States, it is very important to keep them inside your passport.
3. My family lives in the United States. Can they sponsor me for an immigrant visa to join them?
It depends on their status in the United States. A U.S. citizen can file an immigrant visa petition for the following family members: (1) a spouse; (2) son or daughter (married or unmarried); (3) a parent; or (4) a brother or sister. A U.S. lawful permanent resident (that is, a green-card holder) can file an immigrant visa petition for only two categories of family members: (1) a spouse; or (2) an unmarried son or daughter.When you submit your petition, you are required to provide evidence to prove your relationship to the person for whom you are filing. There are different rules for those residing in the United States on temporary status such as student or employment visas. Those sponsorships are typically restricted to spouses and minor children. We encourage you to look at the Embassy website for more information on how to apply for an immigrant visa such as forms, age restrictions, and local civil documents required for the application.
4. I have been in a same-sex relationship with a U.S. citizen for several years, and we are now engaged to be married. Can my partner file a fiancé(e) petition for me to enter the United States for our wedding?
Yes, your U.S. citizen partner (who would be the “petitioner”) may file for a K-1 non-immigrant visa on your behalf so that you can marry in the United States. The K-1 visa permits the foreign-citizen fiancé(e), like yourself, to travel to the United States and marry your U.S. citizen partner within 90 days of arrival. Like any visa there are some immigration requirements that must be met. For example, you and your U.S. citizen fiancé(e) must both be free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment. It also doesn’t matter whether same-sex marriage is legal in Sri Lanka. However, please keep in mind that the marriage with your same-sex partner must be legally possible in the U.S. state in which the marriage will take place. Not every state performs same-sex marriages.
Generally speaking, you and your partner must have met in person within the past two years. If you have a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her. Be sure the Form I-129F petition includes the names of any qualified children. Once you marry, you may apply for permanent residence and remain in the United States while USCIS processes the application. The following links will provide more information about immigration law related to fiancé(e) visas http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas and same-sex marriages http://www.uscis.gov/family/same-sex-marriages in the United States.