Ask the Consul

June 2008

Q: Next fall I will begin a Master´s degree program at the University of Pennsylvania, and I expect to receive the necessary documents next month. However, this summer, before going to the United States, I will be doing an internship in London. Can I apply for my student visa in London, or do I have to return to Armenia to apply?

Any applicant may apply for a visa at any U.S. consulate world-wide, but it is always best to apply in one's home district, which in your case is Yerevan, in order to have your case adjudicated by Consular Officers familiar with your home country, customs, language and laws. Your may apply in London, and Consular Officers there will do their best to judge your ties to a home outside the United States. However, since Consular Officers in London may not speak Armenian or Russian, they would be unable to verify any original documents you might have. Further, they would not be familiar with the conditions or customs of Armenia.

For these reasons, I strongly encourage you to schedule a visa appointment in Armenia. As stated above, if you should apply in London, Consular Officers there will adjudicate the case to the best of their abilities, but the best location for your application is in Yerevan.

Q: My wife and I live and work in Armenia, and now my wife needs to renew her U.S. passport. Can I do this at the Embassy? How long does it take?

American citizens can apply for new or replacement U.S. passports in the American Citizen Services unit of the Consular Section, from Monday through Friday from 13:30 to 16:30. The required forms are available at the ACS Unit. After you have paid the appropriate passport fee and presented the necessary photos and completed forms, a Consular Section employee will input your information into the central database. The Consular Officer then approves the application and transmits your data electronically to the United States, where the passport is printed.

We normally receive passports from the United States within about seven days. Once it arrives, we will contact you and you can pick it up in the American Citizen Service´s unit.

Q: I made a mistake when filling out my electronic visa application form (DS-156). How should I correct this? Do I need to make a new appointment after filling out a new application form?

Each applicant is responsible for ensuring the information on their application form is accurate. If you make a mistake in filling out the electronic application, it is best to complete and print a new application. You may also correct the mistake by hand, but in this case please be sure to note the change to the consular section employee on the day of your interview. The information contained in your application´s barcode is not entered into the Consular Section computers until you arrive at the Consular Section on the day of your interview. For this reason, there is sufficient time to correct your mistake before the visa interview.

If you correct your application by completing a new form or correcting the mistake by hand, there is no need to schedule a new interview time. Your original interview time remains valid.

An important part of ensuring the accuracy of your application is truthfully completing question 40 "Application Prepared by:" if you received help in preparing the application. In this space, you should put the name of the friend, relative, or company that helped you complete the application. Ultimately, you are responsible for all the information entered on your application, whether or not you received help to complete it. For this reason, it is best to double-check your application before your interview to make sure all information is accurate.

Q: I am beginning a PhD program this fall at the University of Minnesota. The program will last five years according to my DS-2019 form, but as an Armenian passport holder the longest validity period for my visa is one year. Won´t I have problems when my visa expires?

A U.S. visa allows the bearer to apply for entry into the United States for a set amount of time. The validity period on the visa represents the time during which you may apply for admission into the United States. Therefore, the visa´s date of expiration is the last day that you may arrive at a U.S. port of entry to request permission to enter the country. When you are at the port of entry, the Customs and Border Official will review your DS-2019 form and admit you for the length of the program noted on the form. Your status in the United States remains legal (you are considered "in-status") as long as you maintain your student status and continue to participate successfully in the program listed in the DS-2019. Your educational institution monitors and reports your student status using the web-based Student and Exchange Visitor Information System (SEVIS).

If you leave the United States during your studies (i.e. to attend a conference or for summer holidays) and need to re-enter, only then would you need to re-apply for a visa if your previous visa had expired. In this case, you would need to complete a new application, bring your DS-2019 form to the Consular Section, and show that you remain a student in good standing at your educational institution to receive a new student visa.

Q: My mother-in-law is applying for an immigrant visa to join my wife and young family in the United State, but according to the application instructions, she needs a financial sponsor. What requirements are there to be a sponsor, and what forms do I need to show to prove my financial situation?

Financial sponsors are required for many types of immigrant visa applicants to ensure that there is someone in the United States who will help a new immigrant financially should they fall on hard times or need assistance in adjusting to life and work in the United States. For most family-based immigrant visas, the U.S.-based primary petitioner must file an I-864 Affidavit of Support to show that they meet a minimum set of financial requirements, defined as 125% of the poverty level for their family size, including the new immigrant. Financial sponsors must legally agree to support the beneficiary for ten years after their immigration to the U.S. or until the immigrant becomes a U.S. citizen. If the primary petitioner cannot meet these requirements, they must find a co-sponsor (an additional person to sponsor the beneficiary´s immigration to the U.S.). Co-sponsors should complete form I-864A and submit evidence such as tax documents that show that they, along with the primary sponsor, meet the financial requirements.

For a K-1 Fiancé Visa, a different Affidavit of Support form called an I-134 is required. The basic requirements of the I-864 and I-134 forms are the same, but the I-134 form is different. For a K-3 Marriage visa, no financial affidavit is needed, but the petitioner´s most recent IRS 1040 Tax Form is required.

For Diversity Visa winners, applicants must show that they have means to support themselves once they move to the United States. This can be proven in a variety of ways, including by presenting evidence of substantial savings, by showing a job offer from a U.S. company, or by having an I-134 Affidavit of Support from an American Citizen or Legal Permanent Resident. Although an I-134 Affidavit of Support is not automatically required for a Diversity Visa applicant, the Consular Officer may often ask for one.

Contrary to what many people believe, an I-134 or I-864 Affidavit of Support plays absolutely no role in non-immigrant (i.e. tourist) visa applications. Tourist visa applicants must demonstrate strong social and economic ties to a home outside the U.S. that would compel their return after a short stay in the United States. The ability to show a financial sponsor in the U.S. who will cover the applicant's expenses has no bearing on the tourist visa adjudication process.