Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal.co.th - Resources 

Research & gain insights into Thai, American, and International Law.

 

Contact us: +66 2-266 3698

info@integrity-legal.com

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

K1 Visa Laos: Proving a Bona Fide Relationship

Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Visas from Laos and specifically we are discussing this from the context of proving up the bona fides of a given couple's relationship. 

Here recently, we have been seeing an increasing number of Requests for Evidence issued by the Department of Homeland Security. I think this is as result of the increasingly stringent stance that the current Administration is taking with respect to scrutiny of K-1 Visa applications.

During this period, one thing that I have noticed is part of some of these RFEs and usually this is in conjunction with other issues but one thing we have noticed that has been coming about is Requests for Evidence of relationship so we will submit evidence of relationships, oftentimes it is relatively exhaustive evidence of relationship and they want to see even more. So proving up the bona fides of one's relationship, proving up that one is in fact in a relationship that is genuine is becoming an increasingly important part, it has always been an integral part to the process but it is becoming increasingly important and in is a sort of less than tangible way. It is not really hard-and-fast evidence. It is more documentation showing the couple has kept up contact; showing up documentation that they have been meeting in-person relatively frequently. Certainly there is the in-person meeting requirement that must be maintained unless there is a specific exemption that can be shown and proven up but the meeting requirement is exceptionally important with respect to the K-1 Visa. It is no less important out of Laos and it is no less important when processing a K-1 visa application from the US Embassy in Vientiane, Laos.  It is going to be important. 

My general experience in dealing with cases out of Laos, and we deal with quite a number of them in any given year notwithstanding the fact that we are located in Bangkok we deal with Laos cases rather frequently, they look at the issue of bona fide relationship as rather important up there so you can even see this issue popping up at the Embassy phase of the process wherein perhaps a 221g is issued for further documentation requesting that evidence of the relationship be presented notwithstanding that it might have been already presented to the Department of Homeland Security when dealing with the underlying petition previously. 

So the given facts of the case are going to dictate whether or not the evidence of bona fide relationship is requested but that being stated, I think it is increasingly important in the current environment in which cases are processing through the American Immigration apparatus, that proof of a bona fide relationship be presented and those who think that this may be an issue, it is probably a good idea to contact a competent legal professional, someone who can assist in applying for a visa to the United States from Laos and you are going to be needing to have the assistance of an American Attorney in order to have yourself represented before both the Department Homeland Security and the US Embassy in Laos.