Long-term Or Work Visa Options?

[loveacrossborders]

I arrived to Thailand as a tourist in September 2003. I'm 23, and it was for the purpose of travel. Though I did end up also volunteering for a month in Laos.

I ended up meeting the love of my life. She's 22 and a recent graduate from a nursing college in Bangkok, additionally she also grew up in Bangkok. Her and I were married in early April of this year (2004).

For several months my wife and I have researched about her going to America with me. We've taken the first step recently by putting in her application for the I-130 Petition (in case anyone is familiar). My wife and I have taken the unusual step of traveling to India together, because otherwise the waiting time for the I-130 to be approved is currently taking up to 12 months (according to the U.S Embassy in Bangkok). Thus, we're enjoying our time learning about India and each other (as one might imagine).

However, our tourist visas for India will expire the 1st of October. At that point there's no way that my wife will have a visa for America. Thus, we're searching for information about what options we have to live together in Thailand. Of coarse, it'd be enormously more self-sustainable to be able to work in Thailand to help to support us. Before leaving Thailand I talked with several schools about teaching (or tutoring) English with them. But none of these jobs would offer very high salaries. It probably goes without saying that my wife and I love each other very much, and really we'd just like to avoid having to seperate.

We're really just curious what options are available for me. Any help would be very much appreciated.

I feel like I should also give more detailed information about myself. Unfortunately I don't have a college degree, but I have spent much of the last few years living and sometimes working (legally) in other countries, namely Australia. I've worked various jobs from I.T, to consultancy work in "house and office management" and even as a care-giver.

Her and I just want to do things legally. And I can honestly say that I don't have any interest in trying to work illegally and thereby run several risks to my status in Thailand. My wife's family wasn't supportive of our relationship in the beginning. However, they've become more and more supportive and are also curious if they can help.

So, I'm sorry if any of this is confusing, but I'm simply asking for any sort of long-term of work visa options would be available to me on the basis that I'm married to a Thai citizen. Her and I just badly want the option to live together until she can obtain a visa for America.

I should also inquire whether or not a visa for me would be easier obtained at the Thai embassy in New Delhi, India, as opposed to within Thailand when we return in October. We want to plan ahead so that we aren't forced to seperate. And we don't really have the intention of living in India indefinitely past October.

Kindest Regards,

Shaun

[email protected]

[Dutchy]

We're really just curious what options are available for me. Any help would be very much appreciated.

If you would insist on keeping your user name intact, I'd stop right now..

On a more serious note, you could always find something in Thailand. You're a native speaker so they'd be more than willing to let you teach your "her and I" to interested Thai students. Another option would have been getting a college degree in the time that you were waiting, this would have enabled you to live a better life with the 'love of your life" in the states. There is a chance that your wife will be able to get a job but what about you, do you plan to accept work that does't require qualifications for the rest of your life? Would you study in the states and depend on your wife's income? Would she be willing to support you? You're still young, think about this well.

I also took one year off, but after having worked for a substantial number of years. My degree allowed me to get a well paid job in Thailand. Without a solid basis life would be difficult everywhere...

Dutchy

[lopburi3]

A visa must be obtained outside of Thailand so I would request a non immigrant O visa based on your marriage before you return. That will give you 90 days stay.

You can not work in Thailand without a work permit and marriage does not change that. With no degree or special qualifications it is highly unlikely you could obtain a work permit so if you do as suggested you do it at your own risk.

There is a possibility of an extension to your 90 day stay in order to look for work but, again, without a degree it is unlikely to be approved. If you can afford it you might consider attending some kind of school here or you could probably make a couple of border runs for 30 day stays, or even obtain a tourist visa or two to cover the wait. I would not try to make your future here without a degree. Much better chance in USA and your wife has the basic foundation for a good future there.

[loveacrossborders]

Dear lopburi3 - Ironically, Lopburi is where my wife and I first met :-D. But I appreciate your good and straightforward information about visas.

Granted we're already planning our life around building a life in America. But on the other hand, Thailand is generally a safe and relaxing place to live. At the very least, we see ourselves returning to Thailand in the 'far off future' after we live in America together, when we might have more money in hand. Alas, I just wonder about, how to start planning a long-term stay in Thailand, right now?

I understand that marriage to a person of a certain nationality doesn't grant any special rights to that country right offhand. But like so many people on this board, when planning for a possible long-term stay for Thailand, one of the goals would certainly be to have 'some rights' in Thailand.

But the more immediate question facing us is, 'what to do in October when we leave India?'. Though her and I are married, for her to obtain a visa for America could take between 6 and perhaps as long as 15 months. So do we choose to be seperated for that long, or find out what other options might be available to us (rhetorical question)?

Dutchy - Thank you for the advice. I understand what a help to my (my wife and I's) future having a college degree can be. And in fact, I'm fortunate enough to have a college plan set aside by my great-grandma (before she passed away) that's good enough for at least 2 years. But of coarse, the cost of returning America to go to school for a degree and leaving my wife to be on her own, would not exactly appeal to her or to I.

I can tell you that I don't claim to be wise or even matured as many folks on this board. But I've learned a whole lot from living in various parts of the world these last 4 years since I graduated high school, and after I worked with I.T in Los Angeles. I've been in the Fiji Islands (5 months), Australia (4 months), Canada (6 months), New Zealand, Mexico, and of coarse all around Southeast Asia and now India. But I digress, I realize that these experiences won't help in obtaining any visa and probably not any work in Thailand. So, perhaps I shot myself in the foot by moving around so much the last few years, but it's been a good learning experience.

About doing the 30-day stay-on-arrival thing.. well that's basically how it was before when I was in Thailand and met my wife. I spent substantial time in Laos (volunteering), Malaysia, Singapore, and Myanmar; but every month it does become costly, timely, and it feels a bit dodgy to say to the immigration about being a tourist. Mind you, I am always still a tourist. But that's why I'm inquiring to the people of this board about any possible options based on my circumstances.

But it's good info, thank you for the replies thus far.

Shaun

[email protected]

[loveacrossborders]

The Thai Immigration Bureau has recently (october 2003) announced quotas for all expatriates applying for residence permits at 100 persons per nationality. All foreigners may qualify to apply for a residence permit if he/she

1. Holds a passport of his/her current nationality, which was granted a Non-Immigrant visa and the individual has been permitted to stay in Thailand for at least 3 consecutive years on a 1-year visa extension basis up to the application submission date.

Should I apply for a 1 year Non-Immigrant visa at the Thai embassy in India?

[ovenman]

Should I apply for a 1 year Non-Immigrant visa at the Thai embassy in India?

You would need to apply for a non-immigrant 'O' visa at a Thai consular office abroad (e.g. India). This visa will give you a ninety-day entry stamp upon arrival in Thailand. This ninety days can theoretically be extended to a year by Thai immigrations if you meet certain requirements. There are a number of currently active threads in this forum discussing impending changes regarding one-year extensions. There is no one-year visa as such.

If you could get a Thai consular office in India to issue a one-year multi-entry non-immigrant 'O' visa this would be ever better, but this may no longer be an option within the region. Again, there are other active threads in the forum discussing the discontinuance of the the issue of multi-entry non-immigrant visas by the regional consular posts. This visa does not grant a one year stay. It still receives a ninety-day entry stamp with each entry into Thailand but it does allow for multiple entries into Thailand for up to one year from its date of issue.

[lopburi3]

As I understand it you have filed your I-130 so you should be processing for a K3 visa if you are in a hurry. That process is much shorter than waiting for the I-130 to be approved and then apply for visa that used to be required. The new K3 allows her to travel to the US, usually within a few months, and complete the processing there. Look up K3 visa with Google if you have not heard about it.

Believe you should plan on return to Thailand after your main working years are over. That seems to be normal now. You stand a better chance to earn in the US and can then live for less here in retirement. But don't expect much security as your life here will be dependent on showing support for the Thai party and obtaining permanent residence, much less citizenship, is not highly likely for those here in their retirement years. But things could change so I may be all wrong.

[ragtime3]

When I checked 3 weeks ago, K-3's were showing a wait time of 6 months for the interview in Bkk. That is still faster than the way loveacrossborders is proceeding. And I read somewhere that if the interview is successful, the K-3 gets approval 1 month later. She still has to wait 12-15 months for the I-130 to be approved, but at least she is in the usa. Not sure if she can work while she waits.

I think the best way would have been to file the I-130 and the K-3 at the same time. Too late now. I read somewhere that usa government's goal is to process

K-3's in 3 months (yeah right) ......

Chaiyo,

ragtime3

[dr_Pat_Pong]

The Thai Immigration Bureau has recently (october 2003) announced quotas for all expatriates applying for residence permits at 100 persons per nationality. All foreigners may qualify to apply for a residence permit if he/she

1. Holds a passport of his/her current nationality, which was granted a Non-Immigrant visa and the individual has been permitted to stay in Thailand for at least 3 consecutive years on a 1-year visa extension basis up to the application submission date.

Should I apply for a 1 year Non-Immigrant visa at the Thai embassy in India?

I presume that you mean a multiple entry non-immigrant O visa. It is valid for a year and it enables 90 day stays on each entry. It is extendable for a year at a time provided that you maintain a bank account in Thailand with 400,000 baht in it. You need to take your marriage certificates, your wife, and her ID when you go to the Thai Embassy to apply.

[Paddy O'Shamrock]

LAB,

My wife is Thai and I became an American citizen two years ago. The day after I became a citizen, I applied for her. She was a student and was living in America. Were you married in Thailand or America? I recommend having her come to America on a tourist visa or even have her apply to some cheap school for a semester to get an entry visa. If you tell immigration at the airport that she is your wife, she will be barred. Once in the country, get married in a registry office and apply for permanent residency based on marriage. Two years ago, they accepted her change of status, she could work and reside legally and ten months later, she received her green card. You may have bolloxed yourself if you have already sent in the I-130 though. Talk to an immigration lawyer. They are about $200 per hour but they know alot more than you or I.

Good luck.

POS