How long in Thailand after divorce with Thai Wife Visa

[Birdman]

I have to change my Visa based on marriage to Non B in Penang with company papers, but do not know how long I can stay in Thailand with the Visa based on marriage after the divorce. (It is valid until December.)

 

I have heard 1 week. Now the immi says you have to leave on the day of the divorce......??

 

[ubonjoe]

Immigration is correct. Your extension ends on the date you get divorced.

There is no one week unless you apply for an extension, pay 1900 baht and be granted 7 days to leave the country after the extension is denied.

[robblok]

1 hour ago, ubonjoe said:

Immigration is correct. Your extension ends on the date you get divorced.

There is no one week unless you apply for an extension, pay 1900 baht and be granted 7 days to leave the country after the extension is denied.

Immigration might be right but when I went from marriage to elite I had to leave the country. They could not cancel the extension locally even though I was divorced. Strange though that this counters that information.  (your more knowledgeable then me this is just personal experience)

Edited January 15, 2018 by robblok

[Birdman]

Thank you both for good answers.

 

I have to leave also to change to Non B. I have to leave for at least 4- 5 days and I really don't want that.

[ubonjoe]

14 minutes ago, robblok said:

Immigration might be right but when I went from marriage to elite I had to leave the country. They could not cancel the extension locally even though I was divorced. Strange though that this counters that information.  (your more knowledgeable then me this is just personal experience)

Getting the elite visa is a little different from other procedures. They could of canceled the extension but you would of had to leave the country anyway to get the elite visa. You cannot go from an extension of stay to a elite visa.

Even getting a 30 day tourist visa entry extension cause problems.

[Birdman]

In case time not enough to make the 7 days granted at the immi on the day of the divorce, what will happen? Pay overstay and the 7 days next time the immi opens? Or at the boarder or at the passport control at the airport?

[Mattd]

18 minutes ago, Birdman said:

In case time not enough to make the 7 days granted at the immi on the day of the divorce, what will happen? Pay overstay and the 7 days next time the immi opens? Or at the boarder or at the passport control at the airport?

Is the divorce going to be an amicable one at an Amphur office? If so perhaps ask the soon to be ex. if the divorce can be delayed until it all aligns, so that you can leave Thailand at the same time as the Non B paperwork is ready?

[ubonjoe]

17 minutes ago, Birdman said:

In case time not enough to make the 7 days granted at the immi on the day of the divorce, what will happen? Pay overstay and the 7 days next time the immi opens? Or at the boarder or at the passport control at the airport?

Unless you or you ex wife inform immigration of your divorce you could just leave the country with no overstay being charged.

If you wanted the 7 days you could go a day or 2 after the divorce is finalized, pay the 500 baht per day overstay fine and apply for the extension.

If the timing had been right you could of canceled your extension and then applied for an extension based upon working.

 

[MaeJoMTB]

I was under the impression that a marriage VISA was valid until the end date on the VISA, but a marriage VISA extension ended with the divorce.

[ubonjoe]

11 minutes ago, MaeJoMTB said:

I was under the impression that a marriage VISA was valid until the end date on the VISA, but a marriage VISA extension ended with the divorce.

He apparently has an extension of stay based upon marriage not an entry from a non-o visa.

An extension ends with the divorce, a multiple entry non-o visa issued by a embassy or consulate will remain valid until it expires

[Birdman]

I had for many years an extension of a NON B Visa and changed that to a NON O Thai wife about 4 years ago. Because if lose work, can stay here.

This we could do here.

 

But now lose wife.

And to change that again, I have to travel to a Thai embassy abroad.

Edited January 15, 2018 by Birdman

[ubonjoe]

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

[andreww]

I'm in a similar situation (non-immi O extension based on marriage, getting divorced soon), and after reading a dozen of topics, I'm still not 100% sure: 

Can I apply for another extension (based on being a father to Thai kid) on the same day when I get the divorce, in a local immigration office? I.e. can I just "switch" extensions there w/o going overseas? My current extension lapses in August, cheers.

[BritTim]

2 hours ago, andreww said:

I'm in a similar situation (non-immi O extension based on marriage, getting divorced soon), and after reading a dozen of topics, I'm still not 100% sure: 

Can I apply for another extension (based on being a father to Thai kid) on the same day when I get the divorce, in a local immigration office? I.e. can I just "switch" extensions there w/o going overseas? My current extension lapses in August, cheers.

Assuming you are the biological father of the child, and were married to the mother at the time of birth (and, possibly, something to show you have, at least, partial custody) I think you can immediately get an extension of stay on the basis of your child. You will need additional papers (such as legalization by the court of being the father) if you are not the biological father, or were not married before the birth.

 

If any of the above is misleading, wait for @ubonjoe to correct me.

[PoorSucker]

6 hours ago, BritTim said:

 

If any of the above is misleading, wait for @ubonjoe to correct me.

You can also become the legal father if you are on the birth certificate and marry the mother after birth. 

[andreww]

Thanks folks,

I am the 100% biological father, happened after marriage, so no probs here I assume.

Question about custody -- I want to part on good terms with my (soon) ex-wife and keep shared/joint custody over our son, will it be a problem for my parenting visa? No sole custody required to apply for such extension, is that correct? 

Edited February 2, 2018 by andreww

[ubonjoe]

11 minutes ago, andreww said:

Thanks folks,

I am the 100% biological father, happened after marriage, so no probs here I assume.

Question about custody -- I want to part on good terms with my (soon) ex-wife and keep shared/joint custody over our son, will it be a problem for my parenting visa? No sole custody required to apply for such extension, is that correct? 

You will need at least joint custody of your child. A lot depends upon the office you will be applying at.

Many will want photos of you and your child in around your home to prove they are living  with you.

It may difficult to change the reason for the extension from marriage to being the parent of a Thai on the date you divorce is finalized. You could apply for a 60 day extension to visit your child to get more time.

A good option if preparing for a divorce is to go out for a multiple entry non-o visa based upon marriage. The visa will remain valid after divorce which would you allow plenty of time to apply for a different extension.

[andreww]

6 minutes ago, ubonjoe said:

You will need at least joint custody of your child. A lot depends upon the office you will be applying at.

Many will want photos of you and your child in around your home to prove they are living  with you.

It may difficult to change the reason for the extension from marriage to being the parent of a Thai on the date you divorce is finalized. You could apply for a 60 day extension to visit your child to get more time.

A good option if preparing for a divorce is to go out for a multiple entry non-o visa based upon marriage. The visa will remain valid after divorce which would you allow plenty of time to apply for a different extension.

hm, if I have to go out to Malaysia to apply for another marriage visa, I just may as well and apply for parenting or guardian visa overseas.. I was hoping to save some money and time and do everything in one scoop, i.e. divorce and re-do my extension later same day. Will talk to Phuket immigration to see what's their stance on it. 

Edited February 2, 2018 by andreww

[andreww]

ok so, sharing my experience in Phuket immi:
- went to check whether it's possible to "convert" my marriage-based extension into guardian / Thai-kid parent extension. Officer confirmed it would be possible on the day of divorce and mentioned required documents (see below).

- next morning went to Amphur to sign the divorce papers. Took us much longer than expected with all the translations and agreements, but we made it to Immi by lunch break, and managed to get to the officer before closing time.

 

Now, as it always happens in Phuket immi, 4 people gave 4 different answers on what's required for such "extension conversion".

 

Original answer included: 

- kid's / dad's passport 

- kid's birth certificate and tabien baan

- divorce certificate

- proof of my income (they mentioned 400k, but it was impossible to satisfy within 1 day, so I went risky 40k/mo route)
- copy of my bank book

- house rental agreement.

 

After reading this forum (and applying for many marriage-based extensions prior), I just brought about every document possible, and everything came in handy and was requested in the end.

 

So final list for guardian / parent-based extension is -- everything that is needed for marriage-based ext. + whatever mentioned above + photos of me & kid. 

Sole custody was NOT required, but one lady was insisting on it, until her boss said otherwise. They even took copies of my wife's tabien baan and ID, God knows why (she was helping me only as a translator, as she's not my wife anymore, but they still collected all docs from her).

 

As for income requirements, it's impossible to season 400k for 3 months when you're divorcing the next day, and initially one officer was looking for 400k transaction in my bank book (despite stat. declaration about my overseas income), and nearly declined my application, until next officer said that 40k/month is still ok in such case. So I Assume to avoid risk, better just keep 400k in the bank. 

 

Volunteers in this particular case (quite rare one, I admit) were useless, but still very friendly (sharp contrast with Thai officers).

 

All documents had been finally accepted, and 1900 THB later I got 29 days waiting period (because February is 28 days long?.. but who cares I guess... will have to cut my Singapore trip short), now fingers crossed my app gets approved and I won't have to run to Malaysia for another visa. 

 

 

Edited February 9, 2018 by andreww

[andreww]

All done, 1yr extension based on being a single dad of a Thai child is approved w/o leaving the country (I went to a short trip to Singapore during waiting period, but it did not interfere with their decision).

 

Next question, upon re-marriage (to a new wife of course), can I keep extending based on being a parent or have to switch back to marriage-based? Cheers!

[Birdman]

How are Farangs, who work in Thailand with a Non Immi base on marriage doing that divorce thing and work? Do they plan in advance to get out of Thailand on the day of the divorce to make a Non Immi B somewhere?  

[Birdman]

next q: would it be possible to marry on the same day or the day after divorce new and get a new Non IMMI based on marriage? theoretically 

[Birdman]

would marriage new on the day of divorce and make a new non immi based on marriage be possible? 

[ubonjoe]

On 08/04/2018 at 6:30 PM, Birdman said:

next q: would it be possible to marry on the same day or the day after divorce new and get a new Non IMMI based on marriage? theoretically 

No you would not be able to do that. There is a mandatory period of time between divorce and remarriage. It is possible to get around that requirement by proving your new wife is not pregnant or is unable to have children.

[billy54]

40 minutes ago, ubonjoe said:

No you would not be able to do that. There is a mandatory period of time between divorce and remarriage. It is possible to get around that requirement by proving your new wife is not pregnant or is unable to have children.

Joe you have just come up with the reason why they made me and my wife jump through hoop's when we got married 16 years ago ,translate this and that ,then they made the future wife go to hospital to have all these test's done ,one of which was a pregnancy test ,( i thinking what has that got to do with it all )but yes now i know they wernt just being awkward,  it was because of the time frame from her divorce , cheers , 

[Birdman]

thank you Ubonjoe.

 

Do you know, if it would be possible to fly out on the day of the divorce, come back with an 30 days on arrival visa, not work until company made all the documents for an Non Immi B, fly out then and make that, Penang ? 

 

I have Non Immi Visa and a WP since 30 years  

[ubonjoe]

11 hours ago, Birdman said:

Do you know, if it would be possible to fly out on the day of the divorce, come back with an 30 days on arrival visa, not work until company made all the documents for an Non Immi B, fly out then and make that, Penang ? 

 

If you had the supporting documents to apply for an extension of stay based upon working you could change the reason for your extension of stay when you get divorced. No need to leave the country if you could do that.

You could leave and re-enter to get a 30 day visa exempt entry on or before the date you get divorced.

 

[KiChakayan]

On 1/15/2018 at 12:28 PM, ubonjoe said:

Immigration is correct. Your extension ends on the date you get divorced.

There is no one week unless you apply for an extension, pay 1900 baht and be granted 7 days to leave the country after the extension is denied.

I am always impressed by all the humanity driving some these Thai immigration rules.

 

BTW, when there are children, is there a way to convert "Thai wife"  extension to "Thai child", or whatever it is called, without getting a Non O from abroad?

[ubonjoe]

3 minutes ago, KiChakayan said:

BTW, when there are children, is there a way to convert "Thai wife"  extension to "Thai child", or whatever it is called, without getting a Non O from abroad?

It would be possible to change the reason for the extension from one based upon marriage to one based upon being the parent of a Thai.

[Birdman]

11 hours ago, ubonjoe said:

If you had the supporting documents to apply for an extension of stay based upon working you could change the reason for your extension of stay when you get divorced. No need to leave the country if you could do that.

You could leave and re-enter to get a 30 day visa exempt entry on or before the date you get divorced.

 

I asked if I can change my extension from marriage to business with all the papers, which I have,  without mentioning divorce. They said no. Contrary to a marriage visa, which is possible to make here at the immigration, you have make a 3 months Non B first outside Thailand, which you can then extent based upon work here. 

 

Regarding that 30 day stamp, will there be no problem? Because I had only Non Immi extensions since decades, passport full with Non Immis