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ResourcesVisa & Immigration LawUS Immigration LawK-3 Visa Issues for Over 50 Americans Marrying a Cambodian

K-3 Visa Issues for Over 50 Americans Marrying a Cambodian

Transcript of the above video:

As the title of this video suggests, we are discussing the K-3 Visa specifically with respect to Cambodian nationals and we're discussing marriage and the issues associated with marriage for those Cambodian Nationals marrying an American who is 50 plus years of age.

Why am I bringing this up?  Mostly we deal with issues involving Thai nationals on this YouTube channel. That's because we are based here in Bangkok, Thailand but that being said, we do deal with Cambodian matters. I won't say it is non-routine, I mean you know it is a certain proportion of the overall practice here. We deal with Cambodian nationals looking for visas to the United States; specifically those married or engaged to be married to American citizens associated therewith for those wishing to marry an American who is 50+ years of age. But I have gotten quite a few inquiries here recently regarding marriage and the problems associated therewith for those wishing to marry an American who is 50+ years of age. Specifically in Cambodia there are restrictions with respect to those of foreign nationality looking to marry a Khmer National when that foreign National is 50 years of age or over and those specific issues are basically restrictions. As a practical matter, it is not going to be possible to be married in Cambodia although it may be possible to marry in a third-party jurisdiction; a third country for example.

The specifics on how to go about marriage, it is probably best to contact a legal professional. We provide assistance in such matters and we deal with legal professionals in other jurisdictions that may be able to provide assistance associated therewith.  But that being said, for the most part, we do see a fair number of fiancée visas emanating from Cambodia.  But for those couples who are able to get married, the K-3 visa may be an optimal possibility with respect to getting that Cambodia National into the United States more quickly perhaps than an Immigrant spouse visa.  Now, that being said, it should be noted that the K-3, the I-129 f petition which is supplemental to the I-130 associated with immigrant spouse visas, does often become subject to what is called "Administrative Closure" by the National Visa Center. Basically they say "look you don't need this K-3 supplemental because your immigrant case is already processed up", and in those cases they go ahead and close out the K-3 visa application.

But the thing to take away from this video is, it may be possible to go ahead and get married for an over 50 American wishing to bring their Cambodian fiancée presumably in to United States upon a K-3 Visa or specifically a marriage visa but it's probably going to be a good idea to contact a legal professional in order to get specific legal advice with respect to how this is going to work with respect to one's specific circumstances and best understand the dynamics of not only getting the visa but also getting the underlying marriage accomplished so as to act as a basis for a K-3 Visa petition.