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Married in USA to Non-O in Thailand

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Hello everyone and thank you for reading this.

Currently my wife and I are legally married in the USA and are planning to do so in Thailand. We have the original marriage certificate soon to be translated and authenticated in Thai. I have read that for UK citizens it is not this straightforward. Is it this simple for Americans. Show up with the translated documents and witness, sign the paperwork, finished?

After obtaining the marriage certificate in Thailand we plan to change my current ED visa into a Non-O visa. I am aware of the necessary documents.

My question is regarding the original visa. Initially I will be given a three month Non-O visa which during this tenure I will be allotted this time to prepare the paperwork for confirming the one long marriage visa. Would this be correct?

You will be able to convert starting after 45 days of the 90 Visa. 

3 hours ago, allstarplayer090 said:

My question is regarding the original visa. Initially I will be given a three month Non-O visa which during this tenure I will be allotted this time to prepare the paperwork for confirming the one long marriage visa. Would this be correct?

Yes. They normally accept an application to extend the Initial 90 days by 1 year within the last 30 days of the 90.

 

Once you’re married you can extend for 60 days — if necessary — to gain more time before applying for the 1 year extension.

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10 hours ago, allstarplayer090 said:

Currently my wife and I are legally married in the USA and are planning to do so in Thailand. We have the original marriage certificate soon to be translated and authenticated in Thai.

You can get a non-o visa in the states without the legalization or translation of you marriage certificate.

When applying for a one year extension based upon marriage at immigration you will first have to register your foreign marriage at an Amphoe to get a Kor Ror 22 marriage registry. To do the registration will require your marriage certificate legalized, translated to Thai and then be certified by the Department of Consular Affairs of the MFA in Bangkok.

The legalization part in the states is bit more complicated that your understanding of it. This from the US embassy website.

"Authentication, certification, or certified copies of public documents issued in the United States such as birth, residency, marriage, divorce, and death certificatescommercial records, driver’s licenseand other credentials. Such documents must be authenticated in the United States for use overseas; for additional details, please visit the Department of State’s Notarial and Authentication Services or the Office of Authentication, or call 1-800-688-9889.Please visit the National Center for Health Statistics webpage Where to Write for Vital Records for state specific information on how to request copies of vital records."

Source: https://th.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/notaries-public/

But there is a simpler option. You can do a affidavit at the embassy to do a self certification of your marriage certificate that a Amphoe will will accept for the registration. From the same page as above.

"Affidavits
"Oftentimes the Thai government requests the U.S. Embassy or Consulate General Chiang Mai “certify” documents listed under “services we cannot provide.” Please note the Embassy and Consulate CAN notarize an affidavit which may or may not satisfy the Thai requirement for “certification.”

 

 

10 hours ago, allstarplayer090 said:

After obtaining the marriage certificate in Thailand

There is only one marriage certificate and you have that from the USA.  You are married here but for extensions must get your foreign marriage recorded here as outlined by ubonjoe

I am interested in the "certified by the Department of Consular Affairs of the MFA in Bangkok" bit. I am a Brit married to a Thai (married in UK) & going through the various stages to obtain a Non Immigrant O visa based on marriage. I will get documents "legalised" by the FCO service in Milton Keynes UK, then certified by the Royal Thai Embassy in London. I have been told by Immigration (in Suphanburi), Bangkok Bank (to open an account) and our local Amphur (for the Kor Ror 22) that that is enough. BUT the consensus both here & elsewhere is that these documents should/must then be additionally certified by the Department of Consular Affairs of the MFA in Bangkok. OK, no problem, I can pay the double fee & do that in a day but I am trying to get my ducks in a row well in advance. I have been all over the MFA & DCA websites trying to get & download the certification/legalization Application Form. I have found a download for the Application Form if you are doing this by Mail, but I will do it in person and although I have found the correct form it says "document form click here" (Google Translate!) and there is no link to a download so nothing happens. I can copy the jpg image file that is on that page but its pixelated so badly it cannot be used. I have looked elsewhere on the web to see if anybody else has this form available but with no success, and so I am stuck. Any assistance gratefully received.

 

11 minutes ago, LepusChurn said:

I am interested in the "certified by the Department of Consular Affairs of the MFA in Bangkok" bit.

What is/was required by local Amphur is a Thai language translation which should be just providing your UK documents to a translation agency and having them register with MFA - then that package it taken to Amphur to record and receive the KR22.  But recently have seen reports that additional home country certification being required making it much harder but do not know if this is standard now or just special cases.  Hopefully someone can answer better.  

40 minutes ago, LepusChurn said:

I am interested in the "certified by the Department of Consular Affairs of the MFA in Bangkok" bit. I am a Brit married to a Thai (married in UK) & going through the various stages to obtain a Non Immigrant O visa based on marriage. I will get documents "legalised" by the FCO service in Milton Keynes UK, then certified by the Royal Thai Embassy in London.

The Consular affairs department certifies the translation of the your marriage certificate and legalization document done in the UK.

 

38 minutes ago, LepusChurn said:

. I have found a download for the Application Form if you are doing this by Mail

It is same for by mail or in person. http://www.consular.go.th/main/contents/filemanager/LEGAL/แบบฟอร์มคำร้องรับรองเอกสาร 62.pdf

Yes, that is the file I found for use if making an application by Mail. But the other (non-Mail - ie in person) form is here:

http://www.consular.go.th/main/th/form/1405/21210-คำร้องขอรับรองเอกสาร.html

and as you see it is a different form, with a different format. It might require the same answers as the Mail form, but the Mail form has a section for Power of Attorney which is obviously not applicable if you are doing it in person.

5 hours ago, lopburi3 said:

 

What is/was required by local Amphur is a Thai language translation which should be just providing your UK documents to a translation agency and having them register with MFA - then that package it taken to Amphur to record and receive the KR22.  But recently have seen reports that additional home country certification being required making it much harder but do not know if this is standard now or just special cases.  Hopefully someone can answer better.  

Yes, I am aware that all dox in English - in this cae my passport & our UK Marriage Cert - require a translation into English of which the originals are legalised by the FCO service & then they and the translations are certified by the Royal Thai Embassy London. That is all our local Amphur want as "UK Documents". They obviously require local documents - House Blue Book, wife's ID etc., etc and I am sure there will be a form to fill in also! The Amphur say they don't need the additional certification from DCA of MFA in Bangkok, but I wonder and am therefore making sure I don't get caught and so will probably do the additional certification as well.

13 minutes ago, LepusChurn said:

Yes, that is the file I found for use if making an application by Mail. But the other (non-Mail - ie in person) form is here:

http://www.consular.go.th/main/th/form/1405/21210-คำร้องขอรับรองเอกสาร.html

and as you see it is a different form, with a different format. It might require the same answers as the Mail form, but the Mail form has a section for Power of Attorney which is obviously not applicable if you are doing it in person.

They appear to be different versions. The PDF file version has a more recent date on it and both forms mention a power of attorney.

This is the form shown in the link you posted. Application for legalization.doc

1 hour ago, ubonjoe said:

They appear to be different versions. The PDF file version has a more recent date on it and both forms mention a power of attorney.

This is the form shown in the link you posted. Application for legalization.doc

Yes, that is the one, many thanks - where did you find it? Or what magic did you work to get it as a .doc file?

11 hours ago, LepusChurn said:

Yes, that is the one, many thanks - where did you find it? Or what magic did you work to get it as a .doc file?

I found it before and had the .doc file saved on my PC. They did a revamp on the site a couple of months ago so now all I can find is that PDF file,

On 2/2/2020 at 7:04 AM, ubonjoe said:

I found it before and had the .doc file saved on my PC. They did a revamp on the site a couple of months ago so now all I can find is that PDF file,

That explains it - many thanks again. Is there anywhere on the MFA/DCA sites to report this no longer available document. I did look but could find nothing.

  • Author

My wife has told me that the marriage in Thailand must be at least 6 months before I am eligible to apply for a Non-O. This is news to me as I have not seen this anywhere. Is she correct?

 

Thank you everyone for the help.

  • Author
On 1/31/2020 at 9:30 AM, ubonjoe said:

The legalization part in the states is bit more complicated that your understanding of it. This from the US embassy website.

"Authentication, certification, or certified copies of public documents issued in the United States such as birth, residency, marriage, divorce, and death certificatescommercial records, driver’s licenseand other credentials. Such documents must be authenticated in the United States for use overseas

 

 

So essentially I am unable to do this while currently in Thailand and it can only be done in the US?

The translation office informed me that I can go to the US embassy and have the document notarized and legalized there.

Edited by allstarplayer090

59 minutes ago, allstarplayer090 said:

The translation office informed me that I can go to the US embassy and have the document notarized and legalized there.

Incorrect info. They will do not do that.

From a post I did on page 1.

"Source: https://th.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/notaries-public/

But there is a simpler option. You can do a affidavit at the embassy to do a self certification of your marriage certificate that a Amphoe will will accept for the registration. From the same page as above.

Affidavits
"Oftentimes the Thai government requests the U.S. Embassy or Consulate General Chiang Mai “certify” documents listed under “services we cannot provide.” Please note the Embassy and Consulate CAN notarize an affidavit which may or may not satisfy the Thai requirement for “certification."

Then you will have to have the affidavit translated and certified.

 

  • Author

So what the translation office meant to say is that I can to go the embassy and do an affidavit, which is turn will act as a supporting document confirming the marriage certificate. From there take the affidavit and other documents to the local Amphoe.

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