OVERSTAY ON NON0-0 Marriage visa.... HELP

[ashleysnowflake]

So i desperatly need help and any advice someone can offer.  I should mention i am 7 months pregnant... and married to a Thai man .  

 

My Visa Non- o extended for marriage purposes is expired by 4 months... longer than 90 days

this is not my intentional dooing or in any way tried to avoid doing things legally. it was in fact wrong information provided numerously by the immigration in my district who clearly had NO clue, and is now causing issues... (got my stamp wich appeared to be stamped till aug 2018  ( visa was obtained may 2016) .   I had enquired about the validity period as i had read it should only be a 1 yr .... but  was told numerous times i had a 2 yr visa extention and "no worry" as there is a stamp which we now believe was stamped 2016 and the 6 bled to an 8... . the Main big stamp had water damage where the yr was erased which must of been 2017 and the immigration officer told me no need to fix it its ok. im 90% sure hes even checked in the system... but i cant be for certain.    each time i did my 90 day check in i checked and each time "i tell you before  not renew till aug 2018, jst do 90 day check in till then like normal"      fast forward to today... i was triend to get my name on my house registration when it was finaly brought to light in fact there was an error and its "not good"

so anyway ive gone now to my immigration and they said nothing they can do..ill be fined max penalty and be banned from thailand for 1 yr...
 they in fact told me my options were: 
A)    since im already overstayed..  i should maybe stay untill my baby is born, and try make arrangement for my husband visa to my country ( canada). then when all set , (to do before july or the full 12 months) come back to them to turn myself in and they will try help me to get to the airport and out of the country without being arrested and detained. but to lay low untill then.. not travel through check points ect

or   

 i could take my case to a bigger immigration officer with more power and plead my case that i was given false and misleading information and put a complaint.   IF this immigration officer chooses to listen and file an investigatoin into this then and only then they might be able to help my situation....

im thinking if i go B option it puts me in a risky position of having to leave immediatly, and id think immi will all stick together esp not risk one of their own for 1 person... , and having to leave my husband for a year... ( wont be able to see his child) ect which is NOT an option for me or him.   ( to attempt to get him to canada will take 5-12 months)

I do not want to Leave my husband or be seperated from him.    does anyone know if its possible for them to be compassionate against the 1 yr Ban.... what you think i should do....  this is all too much for me to try wrap my head around on my own
HELP PLEASE

[BritTim]

If you have been doing 90-day reports, and have evidence of that, I think you would have a good case to be granted leniency on humanitarian grounds. I believe your story. If the senior immigration official also believes you, being blacklisted and separated from your husband when you are pregnant would be extremely harsh. I do not think this is a situation where the senior official would refuse to help because he did not want other officials to lose face. In fact, as long as he believes you, I think the opposite is true. It would make immigration look extremely bad if a pregnant Westerner was separated from her husband due to immigration incompetence.

 

It is worth noting that there are "fixers:" who can reliably resolve issues of this kind for a price. The process obviously involves corruption. I am not familiar with the people who can do this, but someone may send you a PM if you want to explore this option.

[tgeezer]

You say that the stamp giving the date by which you must leave the country should have been August 2016 and the six looks like an 8. Surely the date should have been August 2017, so either Immigration stamped the wrong date , 2016 and it looks like 2018 or the correct date, 2017 and it has been tampered with or they stamped 2018 as you claim and on occasions have been assured by Immigration was the case.
Immigration wouldn't be threatening you with dire consequences if they thought that 2018 was stamped by mistake by them, you have to convince them that it was.
Two years is the maximum extension that can be given by Immigration under the act but not for the purpose of marriage.


Sent from my iPad using Thaivisa Connect

[ubonjoe]

A inflammatory off topic post meant to deflect the topic has been removed.

[RBOP]

Once Immigration at CW made a mistake on the expiry date of my visa in my passport. They put an expiry date earlier than the issue date. Another Imm. officer caught it when I was applying for re-entry permit.  All I did was go back to the original issuing officer, showed her the mistake and she used liquid paper to correct the date (with her initial beside it). Problem was fixed and no issue the next re-renewal round. I hope your Thai husband is helping you.  

[Aussieroaming]

I think the fact that the stamp has water damage will diminish your credibility in regards to this being someone elses mistake. Hopefully they accept that the stamp was legitimately wrong and that the water mark wasn't deliberately placed.

 

Regardless of the overstay focus on the positive..healthy baby on the way.

 

 

[arithai12]

53 minutes ago, RBOP said:

Once Immigration at CW made a mistake on the expiry date of my visa in my passport. They put an expiry date earlier than the issue date. Another Imm. officer caught it when I was applying for re-entry permit.  All I did was go back to the original issuing officer, showed her the mistake and she used liquid paper to correct the date (with her initial beside it). Problem was fixed and no issue the next re-renewal round. I hope your Thai husband is helping you.  

Something similar happened to me, I was leaving Thailand for a short trip with no worries whatsoever, when the immigration officer at the airport said "there is a problem". The IO at BKK had made a mistake at my previous entry, and stamped 30 days instead of the end of my extension/re-entry validity. I was in overstay! But he realized that this had been a mistake by his colleague, and corrected the date on the stamp along with his initials. It was also partly my mistake for not reading it closely the first time, of course. Lesson learned.

 

So, I believe the OP should have some faith that she might find a good IO willing to listen to her story and do what is possible to help her. Hopefully with her husband by her side to support her. Having several 90-days reports accepted means somebody has been making the same mistake as the OP, it should be in nobody's interest to take a hard stance also considering the pregnancy. Good luck!

[sawadeeken]

Being in Thailand I may offer that Money can 'buy' most remedies.............

Secondly........... Talk with Immigration Attorney...............   (Maybe this should be the first one)

Thirdly................... See if anyway a doctor can help by saying that you shouldn't fly..............

[timendres]

1 hour ago, sawadeeken said:

Being in Thailand I may offer that Money can 'buy' most remedies.............

Secondly........... Talk with Immigration Attorney...............   (Maybe this should be the first one)

Thirdly................... See if anyway a doctor can help by saying that you shouldn't fly..............

But never attempt #1 on your own!

I had a friend who used an agent to assist with several problematic immigration issues.

The agent was well connected and respected by the IOs. Seemingly impossible problems were resolved easily.

It is unlikely that the person you need is an attorney, but an attorney might be able to assist in locating the right help.

[ashleysnowflake]

thank you for your replies...   i think im going to contact my doctor first....   i have no proof the extension of stay visa that was stamped at all.... only that the original stamp from my non o when i first arrived which i NOW understand was only meant to be 3 months... yes should of been a 16, but was mistakenly stamped with an 8 or it bled into an 8. and this was what kept being brought into play.. ill post photo.

i received my first  stamp coming into Thailand on 12 may 2016.  the admitted untill stamp appeared to be 9 Aug 2018 ( but what we now think it was either meant to be 2016 or the stamp somehow "bled"  as you can see in photo.)  The 1 year extension stamp for my marriage was stamped 22 july 2016  and the  permitted to stay stamp was 9 Aug ____   this date was washed out.  I am required to check in with immigration every 90 days with a copy of this stamp, departure card and passport page. I never had any issues.   When i noticed the stamp had been water damaged and brought to the attention of the immigration they told me " no worry  is till 2018" on 2 separate occasions. the last time being in August when i asked if i needed to in fact renew my visa. i was told no, just 90 day check in till Aug 2018. i have done 2 check in since, the last being last week even with no issue.  he explained to me the  9 Aug 2018 stamp would be the same as the on washed out... this was of course false information i am now aware of as it  Should of said 2017 in my understanding. but i do not recall or have any proof of this.   a different immigration officer who noticed this recently bringing the fact im overstayed has  pointed out the Pen marking in Thai  on the bottom of the black in white which indicates the expiry apparently with numbers "95960" aong with some other numbers....which im told is date in thai, but i cannot read thai so i it means nothing to me...  and my husband did not check but we both understand now.      i understand this is My fault in the end even given wrong information ( the guy admitted to the immi officer who was helping me now even he recalls my stuation and must of been confused) , but in NO way was intentional on my behalf.     i jst need to know if i have a chance of not being banned and separated. ill pay the fine.   but i also don't have ton of money to hire lawyers,  ext to only loose and end up having to pay fine, flights ext.... esp with baby on the way.     as i dont work and we live solely of my husbands thai salary and have done so for over 5 yrs)

[ubonjoe]

9 minutes ago, ashleysnowflake said:

The 1 year extension stamp for my marriage was stamped 22 july 2016  and the  permitted to stay stamp was 9 Aug ____   this date was washed out.

I does seem that immigration was at fault for not saying something when you did your 90 day report.

The office here have even written a note on the receipt for my 90 day report to remind me when my extension was due when the next report was due after my extension ended.

Perhaps best to go back to immigration with 20k baht to pay the fine for overstay prepared to apply for a new one year extension. They can do it if they agree to it. Discuss it with your husband so he can be the one talking to immigration.

[overherebc]

That looks very clearly 2016.

Single entry 90 day Non O.

Enlarge it and it's obvious the blue dot on the line doesn't quite fill the gap.

It's an airport stamp.

Stamped 8 is a very different shape.

[RBOP]

4 hours ago, arithai12 said:

Something similar happened to me, I was leaving Thailand for a short trip with no worries whatsoever, when the immigration officer at the airport said "there is a problem". The IO at BKK had made a mistake at my previous entry, and stamped 30 days instead of the end of my extension/re-entry validity. I was in overstay! But he realized that this had been a mistake by his colleague, and corrected the date on the stamp along with his initials. It was also partly my mistake for not reading it closely the first time, of course. Lesson learned.

 

So, I believe the OP should have some faith that she might find a good IO willing to listen to her story and do what is possible to help her. Hopefully with her husband by her side to support her. Having several 90-days reports accepted means somebody has been making the same mistake as the OP, it should be in nobody's interest to take a hard stance also considering the pregnancy. Good luck!

Ha! that happened to me too on my last re-entry at the airport. We must have had the same officer. The officer stamped me in for 30 days and I didn't notice. As I waited behind him for my family to be stamped in he turned around and asked for my passport back. He made the correction right there.

[RBOP]

3 hours ago, sawadeeken said:

Being in Thailand I may offer that Money can 'buy' most remedies.............

Secondly........... Talk with Immigration Attorney...............   (Maybe this should be the first one)

Thirdly................... See if anyway a doctor can help by saying that you shouldn't fly..............

The third one is quite true. Most airlines restrict travel in late pregnancy.

[overherebc]

Doing 90 day reports since you got your extension would take you to 8th Aug 2017

( guesstimated ) so you are saying Imm are telling you you're on over stay since then ??

So about 120 days overstay ??

[ubonjoe]

Some inflammatory posts have been removed. Pleas keep it civil.

[overherebc]

OP, do you have a stamp similar to this for your extension of stay?

Can you post a photo of it?

This one is obviously for retirement.

 

[ubonjoe]

12 minutes ago, overherebc said:

OP, do you have a stamp similar to this for your extension of stay?

Apparently she did get a one year extension according to this from an earlier post.

 

2 hours ago, ashleysnowflake said:

The 1 year extension stamp for my marriage was stamped 22 july 2016  and the  permitted to stay stamp was 9 Aug ____   this date was washed out. 

 

[ashleysnowflake]

my extension of stay... is also stamped 9 aug... then washed out.... written in thai apparently im informed on the bottom in thai dated.. which i cannot read... nor is signed ..

 

my first 90 day report after y visa was expired i have photo ecidence of is dated  29 aug to recheck in 28 nov 2017 ( which was done 25 nov 2017 and logged n the system, but i realized he must of taken from me when i they realized my visa had been over.... afterwards when i tried to get my name onmy hose registration.. but its still logged right??) ..

 

[faraday]

Apologies to the op & ubonjoe.

 

Hope you get this all sorted, must be such a difficult time for you.

[ubonjoe]

28 minutes ago, ashleysnowflake said:

my extension of stay... is also stamped 9 aug... then washed out.... written in thai apparently im informed on the bottom in thai dated.. which i cannot read... nor is signed ..

The stamp at the bottom has info about the approval or your extension done at the immigration division headquarters for the area where you are living. Your extension certainly ended on August 9th.

 

30 minutes ago, ashleysnowflake said:

 

my first 90 day report after y visa was expired i have photo ecidence of is dated  29 aug to recheck in 28 nov 2017 ( which was done 25 nov 2017 and logged n the system, but i realized he must of taken from me when i they realized my visa had been over.... afterwards when i tried to get my name onmy hose registration.. but its still logged right??) ..

Immigration should of noticed your extension was expired when you did your report on the 29th of August. If you have proof of that it might help. It does not matter what happens you will certainly be fined maximum of 20k baht for the overstay. 

All that can be done now is for you and your husband to plead your case to prevent being banned for a year.

[overherebc]

I was informed that only BKK office can alter any database entry last time I had a wrong stamp. Local Imm' office told me that.

If you have proof, photographic or otherwise, on the stamps dated 29 Aug and 28 Nov, it may help your case.

[greenchair]

4 hours ago, ashleysnowflake said:

thank you for your replies...   i think im going to contact my doctor first....   i have no proof the extension of stay visa that was stamped at all.... only that the original stamp from my non o when i first arrived which i NOW understand was only meant to be 3 months... yes should of been a 16, but was mistakenly stamped with an 8 or it bled into an 8. and this was what kept being brought into play.. ill post photo.

i received my first  stamp coming into Thailand on 12 may 2016.  the admitted untill stamp appeared to be 9 Aug 2018 ( but what we now think it was either meant to be 2016 or the stamp somehow "bled"  as you can see in photo.)  The 1 year extension stamp for my marriage was stamped 22 july 2016  and the  permitted to stay stamp was 9 Aug ____   this date was washed out.  I am required to check in with immigration every 90 days with a copy of this stamp, departure card and passport page. I never had any issues.   When i noticed the stamp had been water damaged and brought to the attention of the immigration they told me " no worry  is till 2018" on 2 separate occasions. the last time being in August when i asked if i needed to in fact renew my visa. i was told no, just 90 day check in till Aug 2018. i have done 2 check in since, the last being last week even with no issue.  he explained to me the  9 Aug 2018 stamp would be the same as the on washed out... this was of course false information i am now aware of as it  Should of said 2017 in my understanding. but i do not recall or have any proof of this.   a different immigration officer who noticed this recently bringing the fact im overstayed has  pointed out the Pen marking in Thai  on the bottom of the black in white which indicates the expiry apparently with numbers "95960" aong with some other numbers....which im told is date in thai, but i cannot read thai so i it means nothing to me...  and my husband did not check but we both understand now.      i understand this is My fault in the end even given wrong information ( the guy admitted to the immi officer who was helping me now even he recalls my stuation and must of been confused) , but in NO way was intentional on my behalf.     i jst need to know if i have a chance of not being banned and separated. ill pay the fine.   but i also don't have ton of money to hire lawyers,  ext to only loose and end up having to pay fine, flights ext.... esp with baby on the way.     as i dont work and we live solely of my husbands thai salary and have done so for over 5 yrs)

It's not water damaged the stamp is almost a closed 6 And when it landed on the dot it does look like an 8. 

The ombudsman is able to help with this as it's a government stamp. You could nicely complain about the stamp. 

[ashleysnowflake]

heres what i took a pic of my 90 day report....... im so thankful i took this photo... no idea what for but thankful

[overherebc]

Someone will correct me if I'm wrong I'm sure.

90 day reports are not logged on the data base?? only the dates relating to your visa or extension of stay.

So in the computer your extension was dated to Aug 2017.

When you returned in Nov and did your 90 day report that came to light.

It's a well proven fact that it's the responsibility of the individual to ensure they comply with visa/extension requirements. Fair or not fair I won't comment on.

Really not sure what you can do to try to sort this out.

[BritTim]

2 hours ago, ashleysnowflake said:

heres what i took a pic of my 90 day report....... im so thankful i took this photo... no idea what for but thankful

With that photo of your last 90-day report, and one other thing I am going to suggest, I think your chances of being spared blacklisting on humanitarian grounds would be good. See if your local immigration is willing to provide a written statement, confirming your interactions with them. They may be reluctant, as it makes them look bad, but maybe they will appreciate that their embarrassment is nothing to the problems you will have if deported and blacklisted.

 

If you are going to apply for leniency to a senior immigration official, do it quickly. It does not help your case for merciful treatment if you are seen to continue your overstay once aware of the fact.

 

Good luck!

[greenchair]

4 hours ago, ashleysnowflake said:

heres what i took a pic of my 90 day report....... im so thankful i took this photo... no idea what for but thankful

I'm sorry to tell you that the 90 day report date can be given for after your visa has expired, and you are supposed to get your visa redone on time. 

The visa and 90 day report are like chalk and cheese and run independently. 

[BritTim]

9 hours ago, greenchair said:

I'm sorry to tell you that the 90 day report date can be given for after your visa has expired, and you are supposed to get your visa redone on time. 

The visa and 90 day report are like chalk and cheese and run independently. 

The point is that it confirms her story that she visited immigration while she was already on overstay, and this was not pointed out by the officials. It does not absolutely prove she pointed out the stamps and asked for confirmation, but it does make the story more credible.

[greenchair]

7 hours ago, BritTim said:

The point is that it confirms her story that she visited immigration while she was already on overstay, and this was not pointed out by the officials. It does not absolutely prove she pointed out the stamps and asked for confirmation, but it does make the story more credible.

Not really. They are only concerned with the 90 report, which is actually in place because of tourism and safety. The staff are not immigration employees  (correct me if I'm wrong) .

You are right, reporting 90 days doesn't prove anything in regards to immigration. Even if the 90 day official told her not to worry about it, his advice would be about as useful as the advice from a friend and not carry any weight at immigration. 

[ubonjoe]

2 minutes ago, greenchair said:

Not really. They are only concerned with the 90 report, which is actually in place because of tourism and safety. The staff are not immigration employees  (correct me if I'm wrong) .

All of my reports have been done by an immigration officer. The are to report you are staying longer than 90 days in the country not for tourism and safety.

As I wrote previously in this topic they have even made a note on the receipt for the report to remind me when my extension was due.