Odds of getting marriage extension in Bangkok?

[Leelas]

Here's my situation in full: 

 

- I am on a Non-Imm O visa that is valid until december.

- My current stay expired in April. I foolishly got a 60-day extension, mere hours before they announced the first visa amnesty. As such, the extension expired in June.

- My wife (a Thai citizen) and I both receive irregular salary from a Thai university. Fortunately, we have both been paid each month within the last few months, and meet the financial requirements collectively, though not individually.

- I am currently waiting on a Chinese visa application to be approved for a new job. This may take months, and I need to have a valid Thai visa when it finally comes time to get the visa, or I'll have to start the Chinese visa application process all over again from scratch.

 

My questions:

 

- Would I be able to apply for a full, one-year extension of stay based on marriage, even though I already applied for the 60 day extension? I plan to apply this Thursday, as I will be very busy next month.

- If not, what are my other options? I'm a US citizen, and am here on a long-term visa, so I can't get a letter from the embassy.

Edited August 23, 2020 by Leelas

[lopburi3]

5 minutes ago, Leelas said:

My wife (a Thai citizen) and I both receive irregular salary from a Thai university. Fortunately, we have both been paid each month within the last few months, and meet the financial requirements collectively, though not individually.

If you do not have 400k in account in your name only for two months do not believe there is any chance now.  Even with believe some have had issues if trying to do from amnesty status.  But the current amnesty could be extended even longer so that might provide a window in the future if you get money into your account now.  There is also a chance that you might be able to exit/return on your multi entry non immigrant O visa before December expiration which should allow your Chinese visa process (but it may still be costly if quarantine required).

But do not take above as last word - others should be able to provide better information.

[Mike Teavee]

Try asking these guys for advise/assistance (If it is an extension for a Non-O it's 8,900 THB which includes the 1,900 extension fee but they only do legitimate extensions so you must meet the financial requirements)...  

 

They do a lot of work with Chinese & Japanese so can hopefully advise you how best to proceed wrt your Chinese Visa .

 

[Leelas]

Just to be clear, my wife and I both make 40k+ per month. For me, the salary is inconsistent, for her it's quite consistent, but I have been paid about 70k per month for the last two months and 20k before that. All payments are from the same university, which my wife also works for. I have a work permit for that university, but it expired this month, and I need to get the visa extension in order to renew the work permit. 

 

Is the monthly salary no longer valid for the extension of stay? I've used it in the past, with no problems. I don't think I've ever had the equivalent of 400k in a bank account at one time.

Edited August 23, 2020 by Leelas

[lopburi3]

1 minute ago, Leelas said:

Just to be clear, my wife and I both make 40k+ per month. For me, the salary is inconsistent, for her it's quite consistent, but I have been paid 70k per month for the last three months. 

 

Is the monthly salary no longer valid for the extension of stay? I've used it in the past, with no problems. I don't think I've ever had the equivalent of 400k in a bank account at one time.

Was not clear you had a work permit/contract to account for local income or the amount you made in your OP.  There is still the issue that you used the 60 day extension already but suspect worth a try.  Even income not proven for extended time as been problematic at some offices it seems when making marriage extensions but in worst case you might be out 1,900 baht but they will normally tell you before payment if not meeting standards.

[jackdd]

11 minutes ago, Leelas said:

Just to be clear, my wife and I both make 40k+ per month.

In your first post you wrote that you don't meet the financial requirements.

If you meet them you should get your documents arranged and apply for an extension.

[Leelas]

19 minutes ago, jackdd said:

In your first post you wrote that you don't meet the financial requirements.

If you meet them you should get your documents arranged and apply for an extension.

Yeah, it's a very irregular situation. Basically, I'm on payroll at her university, but I really only do overtime work. They have one account in my name that I don't have access to (although I have the bank book for it and can probably submit it as evidence), and they pay into my personal account for work I've done for them at the end of every semester. 

 

The lucky part is that I happen to have received large payments every month between May and July.

 

My wife is theoretically supposed to get paid monthly, but due to COVID, her university has been paying somewhat irregularly this year. I don't know if this will cause problems or not. 

 

Which documents should we prepare for this? I'm thinking the contract and bank books would be good. Will showing them the (now-expired) work permit cause more trouble than it's worth? 

[ubonjoe]

39 minutes ago, Leelas said:

Is the monthly salary no longer valid for the extension of stay?

You can still use your income from working but your work permit would have to be valid to apply for the extension.

You would also need proof you income by way of proof of tax payments. Did you file a tax return for last year?

[Tanoshi]

There are already confirmed reports of marriage extensions being accepted at CW when on the amnesty and having a valid Non Imm O Visa, but still subject to meeting the financial requirements.

[Leelas]

33 minutes ago, ubonjoe said:

You can still use your income from working but your work permit would have to be valid to apply for the extension.

You would also need proof you income by way of proof of tax payments. Did you file a tax return for last year?

I don't think I've ever filed Thai income taxes myself. Either I've never made enough, my employer removed it automatically, or I have been breaking the law all this time without being aware of it. I'm asking my wife about this one, as she currently makes more than me, and she works for the government.

 

I did file in the US this year (didn't pay anything, but did file), but I don't think that would count.

[Rimmer]

A post offering the location of what would appear to be an illegal service have been removed

[meand]

1 hour ago, Tanoshi said:

There are already confirmed reports of marriage extensions being accepted at CW when on the amnesty and having a valid Non Imm O Visa, but still subject to meeting the financial requirements.

After 60 day extension has been used, and when the original nonimm o has already expired (in other words, "on amnesty and having used 60 day extension")? 

Edited August 23, 2020 by meand

[fishtank]

Your Wife's income has nothing to do with it.

It your income or bank balance alone.

[Tanoshi]

7 hours ago, meand said:

After 60 day extension has been used, and when the original nonimm o has already expired (in other words, "on amnesty and having used 60 day extension")? 

Sorry, I don't know in that situation, you'd have to enquire at CW.

[jackdd]

7 hours ago, meand said:

After 60 day extension has been used, and when the original nonimm o has already expired (in other words, "on amnesty and having used 60 day extension")? 

The original entry based on a non-o visa hasn't expired, it was automatically extended until 26th September.

[Mike Teavee]

59 minutes ago, jackdd said:

The original entry based on a non-o visa hasn't expired, it was automatically extended until 26th September.

Some reports suggest that Immigration are treating the permission to stay (& 90 day report) as expired but there's no fine to pay, hence people reporting that they're being turned away for an extension on their Non-O entry if the original POS had expired, but if they can get a 60 day extension (which the OP cannot) then they're ok.

 

Sounds like the OP hasn't earned 40K every month since entering Thailand (70K for the past couple of months but 20K pm before that) so I doubt he meets the financial requirements to get an extension anyway.

 

OP, sorry to say but it looks like you're caught in a very sticky situation, again I would advise you to contact the Visa Agent I posted above to discuss your options, they will tell you straight whether you can get a "Legit" extension or not.... 

 

BTW, I don't think you mentioned your age, being over 50 would offer some "Grey" options to you 

 

 

 

 

 

 

 

Edited August 23, 2020 by Mike Teavee

[Leelas]

17 hours ago, fishtank said:

Your Wife's income has nothing to do with it.

It your income or bank balance alone.

Unless they've changed something in the last two years, that's not the case. The income for the marriage extension can come from either the Thai partner or the foreign partner. Last time my wife and I extended it this way, I wan't making any money in Thailand at all, and they basically tossed out the evidence of my foreign income, none of which was actually in Thailand, and only used my wife's local income.

 

Like, my question here isn't about the financial requirements at all, unless they've changed something regarding the requirements themselves or acceptable proof that you meet the requirements. As I said in the OP, we meet the requirements as written. My question is about whether or not I can get the extension with a visa in amnesty, and having already used the 60 day extension.

[fishtank]

8 minutes ago, Leelas said:

Unless they've changed something in the last two years, that's not the case. The income for the marriage extension can come from either the Thai partner or the foreign partner. Last time my wife and I extended it this way, I wan't making any money in Thailand at all, and they basically tossed out the evidence of my foreign income, none of which was actually in Thailand, and only used my wife's local income.

 

Like, my question here isn't about the financial requirements at all, unless they've changed something regarding the requirements themselves or acceptable proof that you meet the requirements. As I said in the OP, we meet the requirements as written. My question is about whether or not I can get the extension with a visa in amnesty, and having already used the 60 day extension.

Nothing has changed.

It is your income/bank only. Your Wife has nothing to do with it. 

You do not meet the financial requirements.

That is a fact. Sorry.

[DrJack54]

9 hours ago, Mike Teavee said:

BTW, I don't think you mentioned your age, being over 50 would offer some "Grey" options to you 

I asked him that early on in a PM. He is under 50

However yes good solution for anyone over 50 just pay 25k to cover the 800k requirement and current POS if imm insist upon it.

Edited August 24, 2020 by DrJack54

[ubonjoe]

1 hour ago, Leelas said:

Unless they've changed something in the last two years, that's not the case. The income for the marriage extension can come from either the Thai partner or the foreign partner. Last time my wife and I extended it this way, I wan't making any money in Thailand at all, and they basically tossed out the evidence of my foreign income, none of which was actually in Thailand, and only used my wife's local income.

A joint income has not been allowed since 2008. Only your income can be used to apply for an extension based upon marriage ot a Thai.

"6. In the case of marriage to a Thai woman, the alien husband must earn an average annual income
of no less than Baht 40,000 per month or must have no less than Baht 400,000 in a bank account in
Thailand for the past two months to cover expenses for one year."

Source is number 18 here. https://www.immigration.go.th/en/?p=14714

 

[Tanoshi]

3 hours ago, Leelas said:

As I said in the OP, we meet the requirements as written. 

This is what's written (Dec 2018).

Evidence of income of father, mother or husband who is an alien which shows that throughout a year, an average income is not less than 40,000 baht monthly.

138-2557 (2019 )Supp Ev Income Eng P.pdf

 

3 hours ago, Leelas said:

My question is about whether or not I can get the extension with a visa in amnesty, and having already used the 60 day extension.

Only CW can give you a definitive answer to that question.

As already stated the cabinet automatically extended your permission of stay from your Non O entry.

Theoretically you should therefore be able to apply for an annual extension, but in practice the Immigration offices aren't following the cabinet announcement and setting their own requirements to qualify.

 

You could also ring 1178 for an appraisal of your situation.

[Max69xl]

23 hours ago, Leelas said:

Yeah, it's a very irregular situation. Basically, I'm on payroll at her university, but I really only do overtime work. They have one account in my name that I don't have access to (although I have the bank book for it and can probably submit it as evidence), and they pay into my personal account for work I've done for them at the end of every semester. 

 

The lucky part is that I happen to have received large payments every month between May and July.

 

My wife is theoretically supposed to get paid monthly, but due to COVID, her university has been paying somewhat irregularly this year. I don't know if this will cause problems or not. 

 

Which documents should we prepare for this? I'm thinking the contract and bank books would be good. Will showing them the (now-expired) work permit cause more trouble than it's worth? 

Your wifes salary has nothing to do with you. You need an average income of 40k/month in your name.  

[Mike Teavee]

16 minutes ago, Tanoshi said:

This is what's written (Dec 2018).

Evidence of income of father, mother or husband who is an alien which shows that throughout a year, an average income is not less than 40,000 baht monthly.

138-2557 (2019 )Supp Ev Income Eng P.pdf 89.42 kB · 1 download

 

Only CW can give you a definitive answer to that question.

As already stated the cabinet automatically extended your permission of stay from your Non O entry.

Theoretically you should therefore be able to apply for an annual extension, but in practice the Immigration offices aren't following the cabinet announcement and setting their own requirements to qualify.

 

You could also ring 1178 for an appraisal of your situation.

His wife is not "An Alien" (i.e. she's Thai) so that statement confirms that her income is not applicable.

 

 

 

 

Edited August 24, 2020 by Mike Teavee

[Tanoshi]

4 minutes ago, Mike Teavee said:

His wife is not "An Alien" (i.e. she's Thai) so that statement confirms that her income is not applicable.

 

Which is exactly why I quoted the relevant section for the OP, who appears to believe his Thai wife's income is taken into the equation of calculating income. 

[meand]

4 hours ago, Tanoshi said:

This is what's written (Dec 2018).

Evidence of income of father, mother or husband who is an alien which shows that throughout a year, an average income is not less than 40,000 baht monthly.

138-2557 (2019 )Supp Ev Income Eng P.pdf 89.42 kB · 3 downloads

 

Only CW can give you a definitive answer to that question.

As already stated the cabinet automatically extended your permission of stay from your Non O entry.

Theoretically you should therefore be able to apply for an annual extension, but in practice the Immigration offices aren't following the cabinet announcement and setting their own requirements to qualify.

 

You could also ring 1178 for an appraisal of your situation.

You are liable to get three different answers if you ask three different people at cw. Who to ask anyway? The officers after having taken a number and waiting all day, or the screening officers?

 

The reason this forum is here is for people to give reports. It is not feasible to go to cw every time someone has a question about a visa. I appreciate your answers but it seems this issue needs some more reports or perhaps its own thread. 

[Leelas]

Thank you all for the information. I stand corrected regarding the salary calculation. 

 

As a follow-up question, say I have the following documents:

 

- A work permit (valid in this case until the end of September)

- A letter from my current employer (a government university) saying that I earn more than 40,000 THB per month (they have offered to provide this letter, and it would be valid).

 

And, on the off chance that I might have it ready by the time I plan to apply, 

 

- A copy of a newly signed contract for the coming year, again showing that my job pays me more than 40,000 THB per month.  

 

Would these documents count as sufficient proof of income? 

 

Also, would it be possible to apply for another type of extension, rather than the marriage extension? I am after all, employed (on paper at least) by a government university, and that seems like a valid reason to be here.

Edited August 24, 2020 by Leelas

[Tanoshi]

55 minutes ago, meand said:

The reason this forum is here is for people to give reports.

And there have been a few from CW.

 

56 minutes ago, meand said:

You are liable to get three different answers if you ask three different people at cw. Who to ask anyway? The officers after having taken a number and waiting all day, or the screening officers?

So, it would be pointless requesting a report from the forum unless indeed they knew the name of the officer they dealt with, as a different officer may act differently according to you.

 

But just for you pertaining to CW.

If you still have a valid Non O Visa, then they will process a 1 year extension application.

IF your Non O Visa has expired, no they will not process a 1 year extension application.

 

That line is being taken by a few IO's, although how the validity of the Non O Visa affects their decision making is beyond our logic.

[ubonjoe]

27 minutes ago, Leelas said:

Would these documents count as sufficient proof of income? 

As I wrote before you must prove your income from working with proof tax payments. This from the immigration order.

29 minutes ago, Leelas said:

Also, would it be possible to apply for another type of extension, rather than the marriage extension? I am after all, employed (on paper at least) by a government university, and that seems like a valid reason to be here.

You could apply for a extension based upon teaching.

General requirements are here by clicking number 6. https://www.immigration.go.th/en/?p=14714

[JackThompson]

On 8/24/2020 at 4:06 PM, Leelas said:

 

- A work permit (valid in this case until the end of September)

- A letter from my current employer (a government university) saying that I earn more than 40,000 THB per month (they have offered to provide this letter, and it would be valid).

 

And, on the off chance that I might have it ready by the time I plan to apply, 

 

- A copy of a newly signed contract for the coming year, again showing that my job pays me more than 40,000 THB per month.  

Glad your work-permit is still valid.  You will need tax-returns.    If employed for less than a year, you can skip the 1-year return, but still need the last three consecutive months tax-paid on-time (printed at the tax-agency, with receipt from the tax-agency for the copies - yes, not kidding).

See below for the full list of things required of another poster, who Succeeded in obtaining an extension based on Thai family at CW, using his Thai-Income to qualify.  I was faced with the same obstacles, and not successful.  Not sure how the "DBD" docs equivalent works when the employer is a University:

 

Edited August 25, 2020 by JackThompson

[meand]

On 8/24/2020 at 4:27 PM, Tanoshi said:

And there have been a few from CW.

 

So, it would be pointless requesting a report from the forum unless indeed they knew the name of the officer they dealt with, as a different officer may act differently according to you.

 

But just for you pertaining to CW.

If you still have a valid Non O Visa, then they will process a 1 year extension application.

IF your Non O Visa has expired, no they will not process a 1 year extension application.

 

That line is being taken by a few IO's, although how the validity of the Non O Visa affects their decision making is beyond our logic.

What were the few reports? Are you saying there have been a few reports of people with an expired non o ME having used their 60 day extension getting (or being denied) an extension?