Moving to Thailand in 2023 (Wife is US/Thai Citizen) and Have a Question

[HappyGoLuckyLife]

Currently doing research as my wife of 7 years (22 years together) and I plan to move to Thailand in late 2023. She is a Thai citizen (birth by Thai mother) as well as a US citizen (birth by father). We currently live in the US. 

 

We are moving to Thailand permanently. I wish to get a marriage visa. I understand the requirements for me to get the visa.

 

My question, does my wife need anything other than her US passport and her Thai ID card to return to Thailand? Do we need to visit Thailand sometime next year and apply for a Thai passport? Can we apply for a Thai passport at the Thai consulate in the US if she hasn't never had a Thai passport? (New York is closest to us.)

[ubonjoe]

You wife should enter using a Thai passport or she would need a visa to enter the country.

Does she have a Thai birth certificate? If yes is she registered in blue house book and have a Thai ID card.

If she has a Thai ID card she can apply for a passport at the Thai consulate in New York if you are living within their area of jurisdiction.

[Pib]

She should not enter Thailand on her U.S. passport because she would be stamped in as a foreigner and be required to convert to a visa/get annual extension of stays, do 90 day address reporting, etc.   Get her a Thai passport before moving to Thailand!

[Morty T]

The US doesn't recognize dual citizenship with Thailand. If your wife is a US Citizen, carrying a US Passport, she will need to enter Thailand as a US Citizen. 

 

[Neeranam]

10 hours ago, Morty T said:

The US doesn't recognize dual citizenship with Thailand. If your wife is a US Citizen, carrying a US Passport, she will need to enter Thailand as a US Citizen. 

 

The US allows dual citizenship, as does Thailand. His wife should enter on her Thai passport.

 

Under the 2017 Constitution, citizenship can NOT be revoked from any person who is Thai from birth. 

[ubonjoe]

10 hours ago, Morty T said:

The US doesn't recognize dual citizenship with Thailand. If your wife is a US Citizen, carrying a US Passport, she will need to enter Thailand as a US Citizen. 

Completely incorrect info.

The US allows people to have more than one nationality and a passport for it. Same for Thailand.

[sirineou]

My wife comes to Thailand on her Thai passport all the time.  Thousand of Thais from the US with dual citizenship do all the time. 

Is your wife a Thai citizen, or is she entitled Thai citizenship due to her parents? 

If she is already a Thai citizen she is entitled to a Thai passport just like any other Thai citizen and should apply for one. , contact the Embassy branch that services your area and find out what they need. I she is entitled to Thai citizenship but is not officially a Thai citizen first she would need to officially  become a Thai citizen, 

As everyone said your wife would need to enter Thailand on her Thai passport. 

Is your marriage registered in Thailand? if it is not you will either need to have your marriage certificate , certified as  and translated by the US embassy in Thailand, because to get married in Thailand you would need to show that you are not legally married to someone else in the US which will complicate issues. 

You have two years so plenty of time to get all your ducks in a row. Good Luck!!

[ubonjoe]

3 minutes ago, sirineou said:

Is your wife a Thai citizen, or is she entitled Thai citizenship due to her parents? 

She has Thai nationality from birth since her mother is Thai. From the OP.

 

On 6/29/2021 at 9:20 AM, HappyGoLuckyLife said:

She is a Thai citizen (birth by Thai mother)

 

[Hanuman2547]

Your wife is entitled to both a US and Thai passport.  Both countries recognize dual citizenship.  She also needs to get her Thai ID card as she will need that in doing a whole host of things in Thailand.

[oneiron]

The information you received so far (with the exception of Morty T's) is quite correct if your wife's name on her American passport and Thai ID are the same.  If you married in the US and she assumed your last name and her Thai ID still carries her maiden name, you will have one more hoop to jump through in your planning.

[Thomas J]

One thing to check out is if you want her to use your last name while here in Thailand.  My fiance is Thai but married a Norwegian man and became a Norwegian citizen.  They divorced over 2 years ago.  In order to change her name she would have to have the papers certified back in Norway, stamped by the Thai Embassy in Norway, presented to the Ministry of Foreign Affairs in Bangkok and then taken to the Amphoe along with her birth certificate to get her name changed.  Perhaps Ubon Joe  might know the specifics but I would check on the steps before leaving the USA.  Far easier to get certified papers of U.S. marriage approved by U.S. agencies and Thai Embassy in the USA while there rather than here. 

[Pib]

17 hours ago, Morty T said:

The US doesn't recognize dual citizenship with Thailand. If your wife is a US Citizen, carrying a US Passport, she will need to enter Thailand as a US Citizen. 

 

Wrong-O!!!!!   See below from U.S. State Department.  

 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html

 

Quote

Dual Nationality

 

Section 101(a)(22) of the Immigration and Nationality Act (INA) states that “the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.” Therefore, U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States. The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth. Or, an individual having one nationality at birth may naturalize at a later date in another country and become a dual national. 

U.S. law does not mention dual nationality or require a person to choose one nationality or another. A U.S. citizen may naturalize in a foreign state without any risk to his or her U.S. citizenship. However, persons who acquire a foreign nationality after age 18 by applying for it may relinquish their U.S. nationality if they wish to do so. In order to relinquish U.S. nationality by virtue of naturalization as a citizen of a foreign state, the law requires that the person must apply for the foreign nationality voluntarily and with the intention to relinquish U.S. nationality. Intent may be shown by the person’s statements and conduct.

Dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries, and either country has the right to enforce its laws. It is important to note the problems attendant to dual nationality. Claims of other countries upon U.S. dual-nationals often place them in situations where their obligations to one country are in conflict with the laws of the other. In addition, their dual nationality may hamper efforts of the U.S. Government to provide consular protection to them when they are abroad, especially when they are in the country of their second nationality.

U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport to travel to or from a country other than the United States is not inconsistent with U.S. law.  

You can find additional information on dual nationality and the potential challenges for international travelers here.

 

 

Edited July 1, 2021 by Pib

[HappyGoLuckyLife]

On 6/28/2021 at 10:30 PM, ubonjoe said:

You wife should enter using a Thai passport or she would need a visa to enter the country.

Does she have a Thai birth certificate? If yes is she registered in blue house book and have a Thai ID card.

If she has a Thai ID card she can apply for a passport at the Thai consulate in New York if you are living within their area of jurisdiction.

Sorry for the late reply. Been doing a lot of research to come up with the same answer you just gave me. I should have waited for you.

 

My wife has both a Thai ID and Thai birth certificate. We have an appointment to go the the Thai Consulate in NY late October. (We've moved up the moving date to next year, hence the heavy research I've been doing.)

 

Thanks a lot for the response. Next time I have a question, I'll just wait patiently. LOL.

Edited September 27, 2021 by HappyGoLuckyLife

[HappyGoLuckyLife]

On 7/1/2021 at 12:12 AM, oneiron said:

The information you received so far (with the exception of Morty T's) is quite correct if your wife's name on her American passport and Thai ID are the same.  If you married in the US and she assumed your last name and her Thai ID still carries her maiden name, you will have one more hoop to jump through in your planning.

Yes. Thai ID is in her maiden name. We have out marriage certificate (married in US) and will get it translated into Thai. Would I need to do anything else with that here? I know in Thailand, we would have to get our marriage recognized there.

[Captain Monday]

On 6/30/2021 at 6:19 AM, Morty T said:

The US doesn't recognize dual citizenship with Thailand. If your wife is a US Citizen, carrying a US Passport, she will need to enter Thailand as a US Citizen. 

 

The requirement of a dual USA/Thai (or other) citizen is they must enter the US as a US citizen. For example using US passport or other document to enter the United States such as the Passport Card allowed for cruise ships and land borders. The State Dept. cannot issue a entry visa to a US citizen.

 Of course a Thai person can enter Thailand on their Thai passport they are Thai! They can even enter on an expired one. That is what my dual US/Thai citizen friends do.

 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html

 

"U.S. law does not mention dual nationality or require a person to choose one nationality or another. A U.S. citizen may naturalize in a foreign state without any risk to his or her U.S. citizenship".

 

 

"U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport to travel to or from a country other than the United States is not inconsistent with U.S. law. "

 

Edited September 27, 2021 by Captain Monday

[HappyGoLuckyLife]

Just to give everyone an update of where we are as of 1/5/2022:

• Wife now has Thai passport. (5-year instead of 10-year since this is her first passport.)
• Have everything needed for get US marriage cert authenticated. Unfortunately, I'm going to need to mail everything to Office of Authentications since they suspended walk-in appointments due to Covid.
• Once we get that done, we'll get the authenticated marriage certificate translated.
• Then it's back to New York to the Thai Consulate. They will put the marriage info in their system. When we do go to Thailand later this year, we will need to go to our local Amphur's office to get our Thai marriage license. 

To be continued...