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ResourcesVisa & Immigration LawUS Immigration LawK1 Visa Cambodia: Proving a Bona Fide Relationship

K1 Visa Cambodia: Proving a Bona Fide Relationship

Transcript of the above video:

In this video, we are discussing specifically the K-1 Visa process for Cambodian Nationals so those cases generally speaking are going to be processed through the US Embassy in Phnom Penh, Cambodia. Now it should be noted there are certain Cambodian Nationals that sometimes reside here in Thailand and those nationals depending on their specific status within Thailand may be eligible for processing through the US Embassy here in Bangkok but that is going to operate on a case-by-case basis.

In this specific video we are discussing proving up the bona fides of a relationship. I have found through the years that when dealing with K-1 visas out of Cambodia, the issue of bona fides can be more at the forefront of the case as compared to processing a case through Thailand. I don't exactly know why this is but especially when dealing with the US Embassy in Phnom Penh, we have often seen them make request for evidence with respect to the bona fides of the relationship. Moreover we have also seen more requests here recently from the Department of Homeland Security when compared to times past with respect to the bona fides a relationship because in my opinion this Administration is more strict with respect to their scrutiny and we are just seeing more Requests for Evidence across the board. One thing they are requesting with increasing frequency seems to be more evidence of the underlying relationship. 

So those that are seeking a K-1 Fiancée Visa for their Khmer National fiancée will need to prove that they have met pursuant to the statutory requirements under the law on K-1 Fiancée Visas or they need to prove that they are exempt from said rule for a good reason. Also they need to show that they have a continuous ongoing relationship; essentially it is not a sham relationship for the sole purpose of gaining Immigration benefits.  Again I have noticed that this seems to be of a more paramount concern to the US Embassy in Phnom Penh compared to other posts here in the region. I don't particularly know why that is but they do seem to have more of an evidentiary requirement compared to other posts. 

So the thing to take away from this video proving of the bona fides of a relationship is very important and in order to get a K-1 Visa it is going to be required that some proof of the relationship be presented. Now depending on the specific facts of a given couple's case, that evidence may vary so it is probably not a terrible idea to contact a legal professional in order to get some advice regarding how best to proceed and the options with respect to seeking a K-1 Visa for a Cambodian National.