Visa overstay Ban/Marriage Visa

[LOS2013]

Hello Everyone,

 

Thanks in advance for your help/opinions.  Have a couple of questions that are not life or death but I'm interested.

 

I went to Thailand back in 2013 (the good ole days ?).  Overstayed the <deleted> out of my visa and I wont bother you with those details as it doesn't even matter at this point, and everyone has excuses but what's done is done.  Anywho.  I left Thailand in 2017.  Now my wife, who was only my girlfriend at the time is here with me in the US, we left Thailand together.  Neither of us wanted to come to the US but it was the option we had.  When I left Thailand, I paid my fine and then I got a big, fat, 5 year ban.

 

So we both have all intentions of going back to Thailand eventually and I just had some feeler questions.  

 

 

1.  Since we are legally married in the US will Thailand issue me an Non-Immigrint O visa  even though I was banned?  Meaning even if I wait until the 5 yrs is up (1285  days left to be exact) do you all think they would give us problems with obtaining a Non-O visa and then a marriage visa?

 

2.  Pretty sure I know the answer to this already but if we were to get a Non-O (say tomorrow) would there be any options for a waiver of sorts for the ban?

 

 

Financially, I'm MUCH better than I was in 2013, have a good income that I can make from anywhere in the world and I'm married to a Thai national.  Wouldn't kill us to wait those 1285 days to come back just wondering the answer to question 1 and if question 2 is possible.

 

Thanks again!

 

 

 

 

Edited August 22, 2018 by LOS2013

[mstevens]

You will get the visa no problem (so long as you're still married at the time you apply for it).  The ban will not be waived.

[Suradit69]

# 2. Getting a visa and being allowed to enter the country are two different things.  An embassy or consulate doesn't have access to the same information available to immigrations officers, especially if you've obtained a new passport.  

 

So even if an embassy issues you a visa before the ban ends, you'd almost certainly be stopped from entering the country even with a new passport. 

 

Once the the ban has ended, you should have no problem getting a visa and eventually getting an extension ( not a visa) based on marriage assuming you meet the financial and other requirements.

[ubonjoe]

3 hours ago, LOS2013 said:

1.  Since we are legally married in the US will Thailand issue me an Non-Immigrint O visa  even though I was banned?  Meaning even if I wait until the 5 yrs is up (1285  days left to be exact) do you all think they would give us problems with obtaining a Non-O visa and then a marriage visa?

After 5 years you will not have a problem getting a visa or entering the country. There are no restrictions on doing it after the 5 years.

The only problem you might have is boarding a flight to here after the 5 years. Thailand now has a pre screening of passengers and your 5 year ban may show on it since the system does not automatically reset after the 5 years.

 

3 hours ago, LOS2013 said:

2.  Pretty sure I know the answer to this already but if we were to get a Non-O (say tomorrow) would there be any options for a waiver of sorts for the ban?

No there would not be a waiver of the ban in any case.

[LOS2013]

Thanks for the input guys!  Helpful.

[connda]

Use that 5 years in the US to establish your wife residency and path to citizenship should she want it.  Then come back to Thailand after the ban has expired. 

[TerryLH]

34 minutes ago, connda said:

Use that 5 years in the US to establish your wife residency and path to citizenship should she want it. 

After 5 years as living in the US as your wife she'll be able to apply for Soc Sec based on your benefit, once you get it.

[JackThompson]

Lifting a ban is rare, purportedly very expensive (even when the lawyers fail), and many suggested means of doing so of questionable legality (involve bribes). 

 

Since your income is not location-dependent, living in Vietnam, The Philippines, or Cambodia (easy for you to stay for years) could provide your wife with easier-access to visiting relatives - as well as greatly reducing your overhead, so you have more income to save and/or spend on fun things.  That would be my next move, if I were banned from Thailand.

 

[elviajero]

There are lawyers/agents that claim to be able to get bans lifted. It is something that in theory is easily overturned as it’s down to the decision of immigrantion.

 

As you’re married to a Thai you might have a case especially IF she were in Thailand. But if you go down the route of appeal it will be expensive and probably without guarantee.

[Thaidream]

The US Embassy Bangkok has a list of lawyers  in Thailand. Some of them could handle a petition to get a ban overturned.  All have their own website with contact details. You might want to contact one of these firms and make an inquiry as to the process and cost.

[Pilot3Boz]

As connda said, use the time in the USA to get your wife her citizenship, possible after 3 years of being married and in the USA... 5 years if not married... That will make yours and her life very simple in the future to file for benefits she will be entitled to as your wife.. I insisted we completed my wife's citizenship before we would consider leaving the USA permanently... That way if you do ever want to return stateside it is easy just move back.. No more INS  crap, greencard renewals... If you do leave and she is not a citizen she will have to surrender her greencard and you would have to start all over again if you want to return... Getting it done while here is straight forward and just time and some money to file and process her through the system.. Time and money well spent!!!! 

[kevin612]

Just wait for 5 years, you are good to go.

[JackThompson]

10 hours ago, Pilot3Boz said:

use the time in the USA to get your wife her citizenship, possible after 3 years of being married and in the USA.

Consider the tax-situation, though: Does she plan to earn money while living abroad in the future?  Consider the 15.x% tax on the first dollar earned for SSI contributions.  Younger persons, especially, would do much better putting that sum into their own retirement vehicles and earning much higher returns.

 

Also, if she is working in the USA now, she may be able to obtain the necessary contributions to get a future SS-return, without creating the perpetual tax-liabilities which would accompany citizenship.

[ubonjoe]

10 hours ago, Pilot3Boz said:

If you do leave and she is not a citizen she will have to surrender her greencard and you would have to start all over again if you want to return.

That is not exactly correct. Leaving the US does not void out their permanent residency. But for stays longer than 6 months they need to get a re-entry permit to keep it valid.

[ubonjoe]

10 minutes ago, JackThompson said:

Also, if she is working in the USA now, she may be able to obtain the necessary contributions to get a future SS-return, without creating the perpetual tax-liabilities which would accompany citizenship.

The same rules apply for those that have permanent residency in the US. If they keep their residency they are obligated to pay taxes the same as citizens are.