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

[DrJack54]

13 minutes ago, Steven55 said:

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.

They will say she has to be there for application for extension retirement.

He can always do a border run and reenter visa exempt.

Then either obtain a new non O and subsequent extension based on retirement. 

Alternatively use an agent for the process

 

However all options require money.

 

[Red Phoenix]

8 minutes ago, Steven55 said:

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.

You can spare yourself the effort to go to Immigration to check this. 

It is indeed correct that the spouse needs to be present when applying for a 1-year extension of your Non Imm O Visa for reason of Marriage.

But even if Immigration would allow it, he would not be able to switch to a Retirement extension, because in such case he would have to show that he not only meets the 2 month 400K 'seasoning' requirement for the Marriage extension, but ALSO the 12 month required Funds for the Retirement extension (i.e. 800K/400K over the last 12 months). 

A 'fixer' Agent might help him out on that one.

And alternatively also a border-run and returning VisaExempt would allow him to start with a fresh slate, and apply for the 90-day Non Imm O Visa for reason of retirement subsequently followed by the 1-year extension application. But of course that would mean that he would be able to provide evidence of 800K on his personal Thai bank-account  (with foreign origins proven, i.e. being transfered from abroad). 

Bottom line: When you are skint, there is only one option and that is engaging a fixer Agent.

[ThailandRyan]

1 hour ago, billd766 said:

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.

Easy to file, at least in the US, using an attorney.  My now ex Thai wife and I never saw each other after she ran off with another foreigner in the US. All the signatures were done by Docusign and by e-mail. Of course it was uncontested by her. The Divorce decree once signed by the judge was mailed to her and myself by my attorney. Hers sent to the US address where she is living with her now husband and my attorney who shipped them to me here as I had moved here just after the divorce process was started in California.

 

The issue was getting the Amphur here in Udon Thani, where we married back in the day, to accept the US divorce paperwork and then divorce us in Thailand. I could have just skipped that except one day I want to remarry here and that cant be done if the system shows i am still married. Of course she also wants to register her new marriage here as well.  That process was started in 2019 and took another almost 2 years, but I used a language school who also did translations and had them processed through MFA and notarized at the US embassy, which the Amohur then accepted and with her father, who had her original marriage cert, at the Amphur with me, and with her on a video call, the Amphur proceeded with it and I have that copy as well.

 

Depends on how he wants his divorce completed and if he is from a country that would allow a solicitor/lawyer to then complete the paperwork. If he never lived with her outside of Thailand then he will have to do just a Thai Divorce.

 

Good luck 

Edited March 17, 2023 by ThailandRyan

[Steven55]

55 minutes ago, Red Phoenix said:

You can spare yourself the effort to go to Immigration to check this. 

It is indeed correct that the spouse needs to be present when applying for a 1-year extension of your Non Imm O Visa for reason of Marriage.

But even if Immigration would allow it, he would not be able to switch to a Retirement extension, because in such case he would have to show that he not only meets the 2 month 400K 'seasoning' requirement for the Marriage extension, but ALSO the 12 month required Funds for the Retirement extension (i.e. 800K/400K over the last 12 months). 

A 'fixer' Agent might help him out on that one.

And alternatively also a border-run and returning VisaExempt would allow him to start with a fresh slate, and apply for the 90-day Non Imm O Visa for reason of retirement subsequently followed by the 1-year extension application. But of course that would mean that he would be able to provide evidence of 800K on his personal Thai bank-account  (with foreign origins proven, i.e. being transfered from abroad). 

Bottom line: When you are skint, there is only one option and that is engaging a fixer Agent.

His option is show 12 months income of the past 1 year and go for the 'normal' retirement extension as a single man.

[Steven55]

23 minutes ago, ThailandRyan said:

Easy to file, at least in the US, using an attorney.  My now ex Thai wife and I never saw each other after she ran off with another foreigner in the US. All the signatures were done by Docusign and by e-mail. Of course it was uncontested by her. The Divorce decree once signed by the judge was mailed to her and myself by my attorney. Hers sent to the US address where she is living with her now husband and my attorney who shipped them to me here as I had moved here just after the divorce process was started in California.

 

The issue was getting the Amphur here in Udon Thani, where we married back in the day, to accept the US divorce paperwork and then divorce us in Thailand. I could have just skipped that except one day I want to remarry here and that cant be done if the system shows i am still married. Of course she also wants to register her new marriage here as well.  That process was started in 2019 and took another almost 2 years, but I used a language school who also did translations and had them processed through MFA and notarized at the US embassy, which the Amohur then accepted and with her father, who had her original marriage cert, at the Amphur with me, and with her on a video call, the Amphur proceeded with it and I have that copy as well.

 

Depends on how he wants his divorce completed and if he is from a country that would allow a solicitor/lawyer to then complete the paperwork. If he never lived with her outside of Thailand then he will have to do just a Thai Divorce.

 

Good luck 

His marriage was in THailand, but registered in his home country

[Steven55]

1 hour ago, billd766 said:

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.

His marriage was in THailand, but registered in his home country

[ThailandRyan]

4 minutes ago, Steven55 said:

His marriage was in THailand, but registered in his home country

So he is registered both here at the local Amphur where he married and in his home country.  That's the way mine was, and because at the time I was in the US prior to returning here I had an attorney file it there.  He might want to look at seeing if he can file a divorce in his home country without being there.

[Elkski]

So I assume he filed papers to make the wedding official?   Would the advice given change if no papers were filed?  

[Red Phoenix]

56 minutes ago, Steven55 said:

His option is show 12 months income of the past 1 year and go for the 'normal' retirement extension as a single man.

You are correct: It's indeed also an option when his 1-year extension is due, to apply for a different reason than marriage (if his wife is not willing to accompagny him), and apply for reason of retirement using the income-method. 

In that case he does need to provide evidence that he received monthly income over the past 12 months, that meets the requirements. As the requirements for such application based on monthly income, slightly differ from province to province, it would be recommended that you get hold of the requirements for such switch of extension from marriage to retirement at your provincial Imm Office, to check whether he would actually be eligible for such application.

 

Edited March 17, 2023 by Red Phoenix

[ThailandRyan]

31 minutes ago, Elkski said:

So I assume he filed papers to make the wedding official?   Would the advice given change if no papers were filed?  

Possibly

[billd766]

1 hour ago, ThailandRyan said:

Easy to file, at least in the US, using an attorney.  My now ex Thai wife and I never saw each other after she ran off with another foreigner in the US. All the signatures were done by Docusign and by e-mail. Of course it was uncontested by her. The Divorce decree once signed by the judge was mailed to her and myself by my attorney. Hers sent to the US address where she is living with her now husband and my attorney who shipped them to me here as I had moved here just after the divorce process was started in California.

 

The issue was getting the Amphur here in Udon Thani, where we married back in the day, to accept the US divorce paperwork and then divorce us in Thailand. I could have just skipped that except one day I want to remarry here and that cant be done if the system shows i am still married. Of course she also wants to register her new marriage here as well.  That process was started in 2019 and took another almost 2 years, but I used a language school who also did translations and had them processed through MFA and notarized at the US embassy, which the Amohur then accepted and with her father, who had her original marriage cert, at the Amphur with me, and with her on a video call, the Amphur proceeded with it and I have that copy as well.

 

Depends on how he wants his divorce completed and if he is from a country that would allow a solicitor/lawyer to then complete the paperwork. If he never lived with her outside of Thailand then he will have to do just a Thai Divorce.

 

Good luck 

My divorce from my UK wife was contested by me on the amount and type of alimony.

 

I was living in Thailand and I had to go back to the UK to sort it out.

 

At the hearing her barrister, (only badly briefed that morning) asked for a 3 month delay as he said that I had not sent the documents through. 

 

I had my copy with me and the judge had the court copy which threw the barrister.

 

The judge granted the extension and when I explained that I had no job, no money and was on my last credit card, he explained that I could attend in a phone call.

 

The week before the rehearing I rang the court in the UK, quoting all the details and explaining that nobody had been in touch with me.

 

I was advised to ring the court at the appointed time and explain, which I did. The divorce was granted and the alimony was set at 1 GBP per year.

 

Different countries have different divorce rules, and without knowing which country the friend is from, it is difficult to give good advice.

[chris carre]

4 hours ago, Steven55 said:

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.

Whose name is the motobike in.If it,s her,s and he take,s it without her permission.That,s theft and could lead to more trouble.if it was me the passport and a couple of change,s of cloth,s would be it.Ps  and my dog

[Steven55]

1 hour ago, chris carre said:

Whose name is the motobike in.If it,s her,s and he take,s it without her permission.That,s theft and could lead to more trouble.if it was me the passport and a couple of change,s of cloth,s would be it.Ps  and my dog

it is his motor bike... a very BIG one

[DrJack54]

17 minutes ago, Steven55 said:

it is his motor bike... a very BIG one

Run Forest Run. 

[glegolo18]

On 3/16/2023 at 9:45 PM, DrJack54 said:

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. 

WHY should a lady "support" in getting a new extension? Absolutely no need at all for that....

Or was I missunderstanding your response??

[DrJack54]

28 minutes ago, glegolo18 said:

WHY should a lady "support" in getting a new extension? Absolutely no need at all for that....

Or was I missunderstanding your response??

When a divorce occurs and the parties are still on reasonable terms it is not uncommon to allow the current extension to continue.

When time for next extension the chap can switch to extention based on retirement.

The wife (x wife) needs to attend immigration with him. 

 

In the case of the OP it seems that would not be possible.

Edited March 18, 2023 by DrJack54

[CanadaSam]

With all of you sympathetically giving advice, it seems to me that this man's dilemma can not be seriously advised upon without a lot more pertinent information, i.e.

 

1-  When does his marriage visa extension expire?

 

2-  Where does his wife live, and where does he plan to live after running away?

 

3-  What is the amount of pension he is expecting, and does he have money to do any or all of the suggested things on this forum?

 

I feel for the guy.

[Steven55]

On 3/19/2023 at 1:52 AM, CanadaSam said:

With all of you sympathetically giving advice, it seems to me that this man's dilemma can not be seriously advised upon without a lot more pertinent information, i.e.

 

1-  When does his marriage visa extension expire?

 

2-  Where does his wife live, and where does he plan to live after running away?

 

3-  What is the amount of pension he is expecting, and does he have money to do any or all of the suggested things on this forum?

 

I feel for the guy.

1. Mid June
2. Plans to live in Pattaya, now they live 50km from Pattaya.
3. He got > 65,000 a month

[CanadaSam]

Thanks, Steven.

 

If it was me, I would do it in this order:

 

1-  Take a day and go to Pattaya, open a new bank account (because as you say, a large sum "disappeared" from his present account).

 

DO NOT tell the wife about ANY of this, if necessary, leave new bank documents, change of visa documents, etc. with a friend, or in a safety deposit box somewhere, or even a "rent-a-mailbox" service preferably in Pattaya.

 

2-  Visit an agent and see how much it would cost him to change to retirement on pension (he could do it himself, but as this is a sensitive problem, timing is everything).  I suggest Maneerat Visa.  (He seems to have the necessary pension amount already, so I doubt the agent fees will be high).

 

3-  Find a condo or house in Pattaya suitable for him, starting whenever he wants to move, as his present visa is already valid till early June.

 

4-  Pick a date to leave, and pack at the last minute, but have the necessary size vehicle ready for the move anytime he needs it.

 

5-  Damage control:  IF there is any possibility that the wife can track his whereabouts from his phone or sim card, get new ones before moving day, preferably in Pattaya, far from his present home.

 

6- He, new Landlord, or even the Agent can help with new address notification to Immigration and 90 day reporting, etc.

 

I would not attempt any type of negotiation now, for her to "help" him with extending marriage visa or even any type of monetary support to her, and certainly not even give her a HINT that he is planning to leave!

 

The main reason is, when she finds him gone, and no income for her to live on, SHE is the one who will be begging for help and will do whatever he dictates.  Wait for that point in time, it won't take long, IMO.

 

Best of luck to him!  And much happiness in his new start in life, it will probably be a lot better with a brand new, hopefully obedient and sexy gf!

[crouchpeter]

On 3/17/2023 at 11:15 AM, 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?!

2 of your friends died in mysterious circumstances Pull the other one, Walter Mitty!

[owl sees all]

2 minutes ago, crouchpeter said:

2 of your friends died in mysterious circumstances Pull the other one, Walter Mitty!

It's true CP.

 

Mark the Aussie and Ren the Danish guy. All well documented on the old Thai Visa.

 

Have a read up.

[crouchpeter]

On 3/17/2023 at 2:15 PM, Red Phoenix said:

You can spare yourself the effort to go to Immigration to check this. 

It is indeed correct that the spouse needs to be present when applying for a 1-year extension of your Non Imm O Visa for reason of Marriage.

But even if Immigration would allow it, he would not be able to switch to a Retirement extension, because in such case he would have to show that he not only meets the 2 month 400K 'seasoning' requirement for the Marriage extension, but ALSO the 12 month required Funds for the Retirement extension (i.e. 800K/400K over the last 12 months). 

A 'fixer' Agent might help him out on that one.

And alternatively also a border-run and returning VisaExempt would allow him to start with a fresh slate, and apply for the 90-day Non Imm O Visa for reason of retirement subsequently followed by the 1-year extension application. But of course that would mean that he would be able to provide evidence of 800K on his personal Thai bank-account  (with foreign origins proven, i.e. being transfered from abroad). 

Bottom line: When you are skint, there is only one option and that is engaging a fixer Agent.

I think I'm about to try the "fixer agent" route. I'm sick of the unfair and changing rules! Just applied for Laos e-visa, to go to Savannaket, but 1 week later, nothing arrived. So $51.75 down the drain. After 25 years I've had enough. The Thai government thinks we're idiots, my wife of 20 years thinks I'm an idiot. I'm surrounded by 3rd world morons who don't speak English, who don't wear crash helmets, and who've never heard of Barry Humphries. So where do I find one of these agents?

[owl sees all]

9 minutes ago, crouchpeter said:

I think I'm about to try the "fixer agent" route. I'm sick of the unfair and changing rules! Just applied for Laos e-visa, to go to Savannaket, but 1 week later, nothing arrived. So $51.75 down the drain. After 25 years I've had enough. The Thai government thinks we're idiots, my wife of 20 years thinks I'm an idiot. I'm surrounded by 3rd world morons who don't speak English, who don't wear crash helmets, and who've never heard of Barry Humphries. So where do I find one of these agents?

At least you are still alive CP. Unlike the trusting farang that thought they were here in Thailand for a happy experience.

 

As for agents; it depends where you are, how much you want to spend and whether you want extras; like 90 daus done for you or happy visa endings.

 

There are some very professional, accredited agent outlets. In my local one all the girls wear uniforms. There are also dodgy ones working from the back of pick-ups. So caution is the name of the game. And don't hand over more than 50% of the fee at the start.