Non Immigrant O Supporting Thai Wife

[Morty]

Hi everyone

I got a question regarding my Non immigrant O visa. I have a visa Issued in 2005, being married to a Thai national. My visa has been extended two times, granted on the grounds of having foreign income of more than 40 000 bath a month.This visa was extended the first time before Oct. 2006, so I wonder, will I have the option of using 400 000 bath in the future or will I only have the income option since that's how I got it extended in the first place?

The reason I'm asking is that immigration in Pattaya was unhappy that I didn't transfer the same amount of money to my Thai bank that was documented by my embassy every month , and that will be the situation next year as well.

[lopburi3]

The new rule is 40k so I suspect they will do there best to keep you using it - but you can ask.

[beechguy]

Hi everyone

I got a question regarding my Non immigrant O visa. I have a visa Issued in 2005, being married to a Thai national. My visa has been extended two times, granted on the grounds of having foreign income of more than 40 000 bath a month.This visa was extended the first time before Oct. 2006, so I wonder, will I have the option of using 400 000 bath in the future or will I only have the income option since that's how I got it extended in the first place?

The reason I'm asking is that immigration in Pattaya was unhappy that I didn't transfer the same amount of money to my Thai bank that was documented by my embassy every month , and that will be the situation next year as well.

The 400,000 Baht isn't an option anymore. The 40,000 Baht can be a combination income from the Thai spouse and the husband. Is it possible you could show that

for a total of 40,000?

[Crossy]

I'm pretty sure you can only get the 400,000 rule grandfathered if your previous extension used this route, looks like it's closed to you

[Morty]

The new rule is 40k so I suspect they will do there best to keep you using it - but you can ask.

Thanks for your answer lopburi, that's what I thought as well

[Morty]

Hi everyone

I got a question regarding my Non immigrant O visa. I have a visa Issued in 2005, being married to a Thai national. My visa has been extended two times, granted on the grounds of having foreign income of more than 40 000 bath a month.This visa was extended the first time before Oct. 2006, so I wonder, will I have the option of using 400 000 bath in the future or will I only have the income option since that's how I got it extended in the first place?

The reason I'm asking is that immigration in Pattaya was unhappy that I didn't transfer the same amount of money to my Thai bank that was documented by my embassy every month , and that will be the situation next year as well.

The 400,000 Baht isn't an option anymore. The 40,000 Baht can be a combination income from the Thai spouse and the husband. Is it possible you could show that

for a total of 40,000?

My problem isn't showing 40 000 a month, my problem is that I show much more than that, and consequently I'm not transferring all of my monthly income to Thailand, last year I transfered over 1.5 mill. baht, but since it was not done on a monthly basis, and my declared income is higher than that, immigration was unhappy about it.

[Morty]

I'm pretty sure you can only get the 400,000 rule grandfathered if your previous extension used this route, looks like it's closed to you

Thanks for your reply Crossy, My extension is not up yet, so I can always ask immigration about it, but I guess they will try very hard to make me use my income, witch I don't have a problem with. but I don't intend to send all my income to Thailand. When the qualification is 40 000 that's what they should demand, not all of my income. But anyways TiT an all

[lopburi3]

By all rights they should be very happy if you show such transfers so with a little luck you will not have a repeat this year.

[Morty]

By all rights they should be very happy if you show such transfers so with a little luck you will not have a repeat this year.

I hope not, I'm not up for renewal until feb. 08 so I have plenty of time to sort it out, but I guess it all comes down to the discretion of the immigration officer , and I know several people that have had problems with the "dragon lady" at pattaya immigration. I hate the added "excitement" in my life of being told I have to jump to these extra loops of showing my offshore accounts or else I have seven days to leave. That's why I thought it would be easier with the 400 000 if that is available to me. I guess I will have to go down to Jomtien and have "chat" with them and see if they think it's possible. Anyways thanks for your quick reply.

[Maestro]

Morty, I was always under the impression that in a situation like yours you would be “grandfathered” either way, showing income or 400K in the bank for an extension ofter October 1, 1006.

(6) In case of the applicant who is married to a Thai wife, one of them or both of them need to have the total annual income that is averaged out not less than 40,000 Baht per month. Except for the case that the said foreign national has entered Thailand before this Order is enforced and the foreign national has been permitted to stay in the Kingdom by the result of having married to a Thai wife, then if the applicant does not have the said income, then, the latest 3 months records of the account book of any Bank in Thailand with the account name of either or both parties need to have the amount of money not less than 400,000 Baht.

Source: Sunbelt’s translation of Police Order 606/2549

Unfortunately, however, it is possible for individual Immigration officers to interpret it differently.

Aside from that, with the income route for extension, with foreign-earned income I see the requirement as evidence of income, not evidence of remittance.

If the change from income to money in the bank is important for you and if Jomthien does not want to allow it, you may want to call Immigration head office for clarification.

--------------

Maestro

[Morty]

Morty, I was always under the impression that in a situation like yours you would be “grandfathered” either way, showing income or 400K in the bank for an extension ofter October 1, 1006.

(6) In case of the applicant who is married to a Thai wife, one of them or both of them need to have the total annual income that is averaged out not less than 40,000 Baht per month. Except for the case that the said foreign national has entered Thailand before this Order is enforced and the foreign national has been permitted to stay in the Kingdom by the result of having married to a Thai wife, then if the applicant does not have the said income, then, the latest 3 months records of the account book of any Bank in Thailand with the account name of either or both parties need to have the amount of money not less than 400,000 Baht.

Source: Sunbelt’s translation of Police Order 606/2549

Unfortunately, however, it is possible for individual Immigration officers to interpret it differently.

Aside from that, with the income route for extension, with foreign-earned income I see the requirement as evidence of income, not evidence of remittance.

If the change from income to money in the bank is important for you and if Jomthien does not want to allow it, you may want to call Immigration head office for clarification.

--------------

Maestro

The way I read the police order I understand it to be either way, but the 1000$ question is how the immigration officer sees it. I qualify either way, I just didn't like being rejected on the bases of not transferring all my income, when I clearly had transferred more than 40 000/month. I have to admit though, my transfers where lump sums about 6 times last year and not monthly. maybe that was the reason, or maybe I just got unlucky this time. only time will tell. after all TiT. and the discretion of the immigration officer has to be respected . I will go and have a talk with them to find out how they will handle this, I let you all know what they tell me. It might be of interest to others on the forum as well. On the bright side I only have ten years left until I reach 50, and since I have two daughters here I guess I'm home free in about ten years

As a side note, I got my extension after I showed them transcripts of my offshore accounts, I just don't like to disclose that info. to Thai immigration.

[TerryLH]

You could choose to use another immigration office.

[Maestro]

You could choose to use another immigration office.

Can this be done with a marriage extension, where the immigration office reserves the right to drop by and see if the two really live together? I don’t know but if somebody has done it, it would be good of him to post it here.

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Maestro

[astral]

You could choose to use another immigration office.

Can this be done with a marriage extension, where the immigration office reserves the right to drop by and see if the two really live together? I don’t know but if somebody has done it, it would be good of him to post it here.

--

Maestro

A great deal will depend on where you live.

For example, if you live between Pattaya and Sri Racha, both towns have immigration offices

and you could use either.

If they need to visit they will come by car.

[Morty]

You could choose to use another immigration office.

Can this be done with a marriage extension, where the immigration office reserves the right to drop by and see if the two really live together? I don’t know but if somebody has done it, it would be good of him to post it here.

--

Maestro

A great deal will depend on where you live.

For example, if you live between Pattaya and Sri Racha, both towns have immigration offices

and you could use either.

If they need to visit they will come by car.

I live in Naklua just up the road from the Sanctuary of Truth, so I think I "sort" under immigration in Pattaya, by the way the immigration didn't visit us this year. I Like the immigration office in Jomtien, for everything else than extensions that is , besides I wouldn't like to go all the way to S.R. to do my 90 day reporting, witch I presume I would if I changed immi. office.

This is not a big problem for me, since I qualify either way, so hopefully I just drew a unlucky number this year, and next year (hopefully after elections, and a new government installed) I will get lucky and don't have any probs.

thanks again to all for giving input

Morty