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Extension of stay (marriage visa) after running away from legally married wife


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Hi Folks,

Someone I know is officially married.
He has big problems with his wife (she took all his money and treats him badly) and he wants to run away, without telling her, without divorce (divorce later).

1. He MUST notify Immigration immediately, right?
2. Will Jomtien Imigration allow him to use his present extension (based on marriage) until his 1-year extension is ended?
3. Or does he need to immediately change to extension based on monthly income? He does not have any serious money at the moment, so no 800,000 oin the bank.
Waiting for his pension to be transferred next week and documents to proof his monthly income.
4. Or make a border-run--> visa exemption--> non-O ?

Thanks in advance!

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As Dr Jack has said ,  The extension is good until you divorce.

 

However , this only applies to the validity of current extension. Further extensions will likely prove not possible once your current one expires. Plan ahead accordingly.

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10 minutes ago, Denim said:

As Dr Jack has said ,  The extension is good until you divorce.

 

However , this only applies to the validity of current extension. Further extensions will likely prove not possible once your current one expires. Plan ahead accordingly.

Good advice 

Just to add ..after a divorce the wife can support by attendance change to extension based on retirement.

Seems the OP is not at that point currently. 

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4 hours ago, Steven55 said:

He has big problems with his wife (she took all his money and treats him badly) and he wants to run away, without telling her, without divorce (divorce later).

now.. first of all.. if its not very personal what kind of problems? legal things or only she got the money. or other things.. another thing is why he wants to run away?! again the reason. without divorce and divorce later.. your friend needs to know something: if they married in thailand and you mentioned officially married.. if one side doesnt want to divorce, they cannot divorce. the only way is he must go to the court if the wife doesnt want to divorce. and the court will take really long time around 2-3 years and most likely it will ended up wife favor. plus it will cost him.

 

1) the answer is related to 'he wants to run away'. in thailand or out of thailand. if in thailand he must notify the immigration the same day he divorce showing the red divorce paper which he will get from amphue he divorced and there will be date on the red divorce certificate. well thats his last day in thailand if there are not any reason will give him visa to stay in. 

2) he can keep his non-o and extension till he get divorced. but for the next extension the wife must go to the immigration so the way you explained the situation it seems the wife will not go... that means his next extension is in danger.

3) if the situation is urgent i would suggest him to contact with an agency which can give him non-o retirement. then no problems. Actually if i were him i would go this way. so divorce or not he would get rid of the non-o marriage visa just in case for the future visa problems. 

 

the way you describe the situation seems the wife will make lot of problems with the divorce too. He may try to talk to her and convince her without any lawyer. most likely he must tell her he forgive what she did, and accept to pay some money for some months to her. sign a contract and divorce. or just talk to her and convince her for a divorce as soon as possible. i had friends that wife threatened them that the wife will report him to the police talking bad about the king. and she arranged some fake witnesses too. then they sat and talked and agreed with a divorce around 50K payment to her.  

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Seriously?

Your friend?

Just pay all the bills, cash out, change your PIN, pocket your passport,and go out for a walk. A long walk.

 

(Unless your the Brit who came back to Thailand, just bought his wife a condo and is taking that long walk.)

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There will be no problems for your friend staying in Thailand on his current Non Imm O extension for reason of marriage. 

The issue is that he will not be able to renew that extension himself, when his wife is not willing to help him with that application.

But there is of course the option that he engages a Visa Agent to do the Marriage extension application for him. The fee for that service will be higher when he does not have the required 400K seasoned on his personal Thai bank-account for at least two months prior to the date of application.

If he is over 50 years of age, there is also the alternative to do a border-run when his current permission to stay is due to expire.

And then return Visa exempt (can be done same day) which will provide him with a 30-day Permit to stay.  If by that time he has the +800K on his personal bank-account, he could then apply for a 90-day Non Imm O Visa for reason of retirement, and at the end of those 90-days then apply for the 1-year extension for reason of retirement.

If he does not have the required funds, he could in that case also make use of a 'fixer' Visa Agent, to get him the 'retirement' Visa and subsequent extension.

 

Edited by Red Phoenix
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12 hours ago, DrJack54 said:

His extension is valid until divorce.

 

That means most of your other questions irrelevant.

 

He can nick off and when current permission of stay ends look at options 

Don't forget 90 day report which confirms address. If the OP changes his address then immigration needs to be informed.

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11 minutes ago, TKDfella said:

Don't forget 90 day report which confirms address. If the OP changes his address then immigration needs to be informed.

Personally I wouldn't change my address.

He can do 90 report online.

 

Vaguely recall that there is a requirement to be living together. 

 

As others have stated the extension is valid as he still is not divorced however thinking the wife can cause issues if she wants to. 

Edited by DrJack54
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4 minutes ago, DrJack54 said:

Personally I wouldn't change my address.

He can do it online.

Vaguely recall that there is a requirement to co-habit.

As others have stated the extension is valid as he still is not divorced however thinking the wife can cause issues if she wants to. 

Co-habit...sounds like trouble especially if wife has family. (I had to do that in England many years ago and it didn't go well but then that was English style which could be totally different)

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Sounds as though the OP's friend want to get away from his wife. There are many ways to fry an egg of course.

 

I have heard that some farang get a trip to Laos and then swim back to Thailand. That's it. No-one looking for him as he was last seen in a bar in Vientiane. Just have to make sure he has access to his funds. And keep well away from his 'old' wife's stomping ground.

 

Edited by owl sees all
Inserted 'stomping ground'.
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28 minutes ago, DrJack54 said:

Personally I wouldn't change my address.

He can do 90 report online.

 

Vaguely recall that there is a requirement to be living together. 

 

As others have stated the extension is valid as he still is not divorced however thinking the wife can cause issues if she wants to. 

Thank you!
Immigration checks if living together at the first time application.
Regarding address: He is going to rent in another place, so the landlord must report him.

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Thanks to all! Got it!
His wife was depleting him from his money, asking him for this and for that, he couldn't refuse.
Recently, suddenly 350,000 baht disappeared from his account.
She is treating him like <deleted>. Been married 6 years.

 

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21 minutes ago, owl sees all said:

Sounds as though the OP's friend want to get away from his wife. There are many ways to fry an egg of course.

 

I have heard that some farang get a trip to Laos and then swim back to Thailand. That's it. No-one looking for him as he was last seen in a bar in Vientiane. Just have to make sure he has access to his funds. And keep well away from his 'old' wife's stomping ground.

 

Hi Owl, sorry but you really have to be at your wit's end with all other options exhausted, to consider doing that.  Having illegally entered Thailand, you would have to be constantly on the look-out as your passport would not have any permit to stay.  So when you are involved in an accident or the Police asks to see your passport, it would be Game Over.  And there would not even be an option to legalize your situation as you won't be able to leave Thailand without border Immigration stamping you out (and they will immediately see your status).

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18 minutes ago, Steven55 said:

Thank you!
Immigration checks if living together at the first time application.
Regarding address: He is going to rent in another place, so the landlord must report him.

Re address, it's correct that the landlord of the place he will be renting has to report that a foreigner is staying there. But that does not mean that your friend must do a 'change of address' at Immigration. He can always say that this is his studio, and that his official address for Immigration purposes is still with his wife, so no need to change that.   

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27 minutes ago, Red Phoenix said:

Hi Owl, sorry but you really have to be at your wit's end with all other options exhausted, to consider doing that.  Having illegally entered Thailand, you would have to be constantly on the look-out as your passport would not have any permit to stay.  So when you are involved in an accident or the Police asks to see your passport, it would be Game Over.  And there would not even be an option to legalize your situation as you won't be able to leave Thailand without border Immigration stamping you out (and they will immediately see your status).

Yes, yes yes.

 

But is it better to watch for the police than the wife? Two of my friends died in the area I am now. Both mysteriously. Very mysteriously!!! Better to be looking over yer shoulder than being brown bread.

 

You could be here many years without anyone bothering you about documentation. Just make sure you have a couple of hundred in yer back pocket.

I met a Swedish guy in Patts who had been here for many years without any. That was 15/16 years ago. I wonder if he is still about?!

Edited by owl sees all
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1 minute ago, owl sees all said:

Yes, yes yes.

 

But is it better to watch for the police than the wife? Two of my friends died in the area I am now. Both mysteriously. Very mysteriously!!! Better to be looking over yer shoulder than being brown bread.

 

You could be here many years without anyone bothering you about documentation. Just make sure you have a couple of hundred in yer back pocket.

I met a Swedish guy in Patts who had been here for many years.

If he gets or fears death-threats from his wife (e.g. so that she can get hold of his possessions) then of course he should move asap to another part of the country, as staying in the region where he now lives would then be dangerous.

If that is the case he could - as I mentioned in an earlier response - then apply for a Non Imm O Visa for reason of retirement and do that in another province after having done a border-run.  So there is no need for an illegal entry into Thailand, with all the associated consequences.

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Farang in Thailand!!

 

Windmills of your mind. Noel Harrison.

 

Round like a circle in a spiral, like a wheel within a wheel. Never ending or beginning on an ever spinning reel.

 

 

One of my all-time favourites.

 

 

Edited by owl sees all
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1 hour ago, Red Phoenix said:

Re address, it's correct that the landlord of the place he will be renting has to report that a foreigner is staying there. But that does not mean that your friend must do a 'change of address' at Immigration. He can always say that this is his studio, and that his official address for Immigration purposes is still with his wife, so no need to change that.   

Aha, thanks for adding this info, good to know!

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16 hours ago, DrJack54 said:

His extension is valid until divorce.

 

That means most of your other questions irrelevant.

 

He can nick off and when current permission of stay ends look at options 

Actually his marriage extension will only be valid until it is due for renewal.

 

One of the reasons, is that for a marriage extension, the wife has to be present at Immigration at the same time as he applies

 

If she is not there, then there can be no extension.

 

He may also have a problem getting a divorce, if he was married in his home country and not in Thailand.

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2 minutes ago, billd766 said:

Actually his marriage extension will only be valid until it is due for renewal

Obviously I referring to his extension validity.

 

Many folk ask about this.

In the case of divorce the extension is void.

 

If wife passes away the extension remains valid and his permission of stay remains valid. 

 

The OP seems not to be on good enough terms with the wife to have her attend immigration with him for his next extension that he could change to based on retirement.

 

For change based on marriage to based on retirement immigration would want wife present in most immigration offices. 

 

On top of that seems he is skint. 

 

 

 

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2 hours ago, owl sees all said:

Yes, yes yes.

 

But is it better to watch for the police than the wife? Two of my friends died in the area I am now. Both mysteriously. Very mysteriously!!! Better to be looking over yer shoulder than being brown bread.

 

You could be here many years without anyone bothering you about documentation. Just make sure you have a couple of hundred in yer back pocket.

I met a Swedish guy in Patts who had been here for many years without any. That was 15/16 years ago. I wonder if he is still about?!

Yes, I warned him to sneak out, otherwise he would have the risk of waking up without his "young friend", or being killed and be buried, without anybody knowing, and she could still get his pension for 3-5 months (until he has to proof he is still alive).

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3 minutes ago, DrJack54 said:

Obviously I referring to his extension validity.

 

Many folk ask about this.

In the case of divorce the extension is void.

 

If wife passes away the extension remains valid and his permission of stay remains valid. 

 

The OP seems not to be on good enough terms with the wife to have her attend immigration with him for his next extension that he could change to based on retirement.

 

For change based on marriage to based on retirement immigration would want wife present in most immigration offices. 

 

On top of that seems he is skint. 

 

 

 

He is broke at this moment.
Will get his pension in 1 week time, next or same day he wants tor run.

You said: "For change based on marriage to based on retirement immigration would want wife present in most immigration offices. "  I will check this for him, to make sure. I live nearby Imm.

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2 hours ago, Red Phoenix said:

If he gets or fears death-threats from his wife (e.g. so that she can get hold of his possessions) then of course he should move asap to another part of the country, as staying in the region where he now lives would then be dangerous.

If that is the case he could - as I mentioned in an earlier response - then apply for a Non Imm O Visa for reason of retirement and do that in another province after having done a border-run.  So there is no need for an illegal entry into Thailand, with all the associated consequences.

They are renting a house (so she will be <deleted> of, because she might not be able to pay the rent!), he only got his private stuff and motor bike.

Edited by Steven55
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