divorced but staying on marriage visa

[stoicccc]

immigration had visited my ex-wife's place but she was not home. 
i've been staying on marriage visa after the divorce in december, visa expires in August.
no one at the amphoe told me to go to immigration about the visa when we were getting the divorce.

What's the worst case scenario staying on the marriage visa after divorce?
Can they ban me from the country because of that?

[Gaccha]

You are on 4- 5 months overstay. You are facing detention, a 1 year ban and 20,000 baht fine.

[Ohyesuare]

As I understand it, once the divorce was finalized legally, your marriage visa became invalid irregardless of the expiry date of your current permission to stay so you are now on overstay and subject to a minimum one year ban and 20k fine depending on if you are able to leave voluntarily before being tracked down and arrested or not.

 

The same thing if you have a work permit but quit/get fired or an ED visa but stop studying.

Edited April 10, 2023 by Ohyesuare

[DrJack54]

22 minutes ago, stoicccc said:

i've been staying on marriage visa after the divorce in december, visa expires in August.

Do you mean extension based on marriage from a non O.....OR 

A ME non O marriage visa valid for one year? 

 

If an extension then that permission of stay ended date of divorce. 

 

If a ME non O marriage visa then that permission of stay remain valid.

 

Why did immigration do a home visit. 

 

Are you on OK terms with x wife? 

When folk get divorced sometimes the farang remains in Thailand and exits prior to permission expiry. 

 

Edited April 10, 2023 by DrJack54

[Caldera]

17 minutes ago, stoicccc said:

i've been staying on marriage visa after the divorce in december, visa expires in August.
no one at the amphoe told me to go to immigration about the visa when we were getting the divorce.

What's the worst case scenario staying on the marriage visa after divorce?
Can they ban me from the country because of that?

Do you actually have a still valid visa from an embassy (1 year, multiple entries) that requires you to to border bounces every 90 days? Or do you have an extension from immigration in Thailand?

 

An extension needed to be canceled when the divorce became final, and I suspect that's what the district office told you to do. You could get into serious trouble if your overstay is discovered. 

[stoicccc]

Just now, DrJack54 said:

Do you mean extension based on marriage from a non O.....OR 

A ME non O marriage visa valid for one year? 

 

If an extension then that permission of stay ended date of divorce. 

If a ME non O marriage visa then that remain valid.

 

Why did immigration do a home visit. 

Are you on OK terms with x wife? 

When folk get divorced sometimes the farang remains in Thailand and exits prior to permission expiry. 

 

I'm in great terms with my ex-wife.
I'm on NON-O that's valied from 22 September 2022 to 26 August 2023.
I dont know why immigration made the visit, they will call my wife since she wasnt home when they made the visit. They talked to her neighbour. 

[stoicccc]

1 minute ago, Caldera said:

Do you actually have a still valid visa from an embassy (1 year, multiple entries) that requires you to to border bounces every 90 days? Or do you have an extension from immigration in Thailand?

 

An extension needed to be canceled when the divorce became final, and I suspect that's what the district office told you to do. You could get into serious trouble if your overstay is discovered. 

I need to do the 90d report, no need to leave the country until August 26th

[DrJack54]

3 minutes ago, stoicccc said:

I'm on NON-O that's valied from 22 September 2022 to 26 August 2023.

Did you obtain this visa in eg Savannakhet.

OR 

Did you obtain a 12 month extension at immigration office in Thailand? 

 

If so you have a multiple entry non O marriage.

In that case you have no issues. 

You can stay in Thailand till the expiry you mentioned 

Edited April 10, 2023 by DrJack54

[stoicccc]

Just now, DrJack54 said:

Did you obtain this visa in eg Savannakhet.

If so you have a multiple entry non O marriage.

In that case you have no issues. 

You can stay in Thailand till the expiry you mentioned 

aaaah it's the second or third extension to the original visa.

[transam]

2 minutes ago, stoicccc said:

I need to do the 90d report, no need to leave the country until August 26th

You don't do 90 day reports on a non-O, you leave the country...

[transam]

Just now, stoicccc said:

aaaah it's the second or third extension to the original visa.

Then your permission to stay is over.....................????

[DrJack54]

Just now, stoicccc said:

aaaah it's the second or third extension to the original visa.

OK....

Your permission of stay ended date of divorce.

However immigration is not notified of divorce.

You mentioned on good terms with X wife.

You can run small risk of remaining in Thailand or exit .

When you exit there will be no issue with immigration.

 

Concerned about immigration visit.

That's not normal.

Are you 50+

[stoicccc]

2 minutes ago, DrJack54 said:

OK....

Your permission of stay ended date of divorce.

However immigration is not notified of divorce.

You mentioned on good terms with X wife.

You can run small risk of remaining in Thailand or exit .

When you exit there will be no issue with immigration.

 

Concerned about immigration visit.

That's not normal.

Are you 50+

no, i'm not 50 yet.

talked to a lawyer and he recommended visiting the immigration ASAP and explaining the situation

Edited April 10, 2023 by stoicccc

[DrJack54]

Just now, stoicccc said:

no, i'm not 50 yet.

talked to a lawyer and he recommended visiting the immigration ASAP 

Don't do that. 

 

To be frank you have limited options.

You cannot obtain a new non O based on retirement.

You are on overstay but different from the "usual overstay" 

 

If it wasn't for the home visit I would suggest that take time and get your affairs in order and exit Thailand prior to August.

 

From there you would need to consider options how to return.

Being settled here no doubt you have "stuff" to sort out.

 

Obtaining a METV that provides almost 9 month stay would be one option

[stoicccc]

Would talking to Thailand Elite Visa people and getting one of those visas be an option?

[DrJack54]

1 minute ago, stoicccc said:

Would talking to Thailand Elite Visa people and getting one of those visas be an option?

Elite visa would definitely be an option 

Some of the guys with PE visa can advise.

The thing with that visa is overstay just about rules you out.

If you have the means to obtain that 5 year visa (think it's 600k) then that would be great option.

 

If that's on your radar perhaps best to exit Thailand at some point and go from there.

 

Again guys that have that visa can best advise.

It can be applied for from outside of Thailand. 

I have a Belgium mate that applied when outside of Thailand and was greeted at BKK airport by elite staff and sticker attached to pp. 

[yang123]

1 hour ago, stoicccc said:

I dont know why immigration made the visit, they will call my wife since she wasnt home when they made the visit. They talked to her neighbour. 

Q: Is the neighbour aware of the divorce???

[DrJack54]

4 minutes ago, yang123 said:

Q: Is the neighbour aware of the divorce???

Good question.

Neighbour or random male "friend" 

Run Forest run! 

 

From my earlier post.....

"Concerned about immigration visit.

That's not normal."

Edited April 10, 2023 by DrJack54

[ukrules]

1 hour ago, DrJack54 said:

Concerned about immigration visit.

That's not normal.

They know about the divorce don't they?

[DrJack54]

9 minutes ago, ukrules said:

They know about the divorce don't they?

That's the 64million $ question.

If someone has made immigration aware of divorce then he needs exit Thailand asap.

Immigration is not notified of divorce. It would require a grass. 

 

BTW: thinking you have a PE Visa?

The OP asked about that option.

Your information would be helpful. 

Edited April 10, 2023 by DrJack54

[ukrules]

38 minutes ago, DrJack54 said:

BTW: thinking you have a PE Visa?

The OP asked about that option.

Your information would be helpful. 

I do have a Thailand Elite visa, got the last one in 2019 so it's still active but the application form I have saved on my computer may be a little out of date considering it's 3.5 years old.

 

On the version of the application form I have it asks how many times you've overstayed in the last 3 years.

 

Then from here : https://www.thailandelite.com/faq/

 

There's this :

 

So they may approve it but you need to leave and then return to get the visa inserted at the airport by the sound of it.

 

If you're banned from returning then you're not going to be able to do that.

 

I would suggest leaving immediately if on overstay and applying abroad just in case.

 

I also suspect immigration turned up at the house to make an arrest.

 

A little note aside, immigration were sniffing around my street last week (2 of them arrived in a pickup) they were looking for some Swedish dude who as far as I'm aware has never lived in this area, they had a photo and showed it to the woman I live with, they seemed to think this guy lived in the house next door which is odd as there's been nobody his age from Sweden living there in like 10 years - so this guy might be on a major overstay and they're out hunting them.

 

I personally want as little to do with them as possible so I didn't go outside and had nothing to do with them at all.

Edited April 10, 2023 by ukrules

[Pib]

I expect before a Elite visa is issued a person must cancel his current visa/extension.  Although the OP is talking a marriage extension below Thailand Elite Visa webpage talks the process to switch from a Non O Retirement to an Elite visa "which first requires the person to cancel his current visa." 

https://www.thailandelite-direct.com/en/blog/post/cancellation-of-non-immigrant-o-visa

 

I expect the process would be the same for a Non O Marriage cancellation which would probably entail the person showing he/she still qualifies for the current marriage extension which would mean producing a Kor Ror 3 Marriage Certificate and fresh Kor Ror 2 Marriage Registration to confirm the person is still married.   Or said another way before Immigration will cancel the extension they first confirm you are still qualified to be on the marriage extension which the OP would not be able to do since he's no longer married.  

 

Late last year I switched from an OA Marriage Extension of stay to an LTR Pensioner visa....on the day I went to get the LTR Pensioner visa inked into my passport at Immigration I had to first cancel my OA Marriage Extension of Stay which required the wife and I producing our Kor Ror 3 and a fresh Kor Ror 2 Marriage Registration.   Basically proving I was still qualified to be on the marriage extension....basically proving that with above two mentioned docs Immigration cancelled that marriage extension and then issued the LTR visa.

 

 

[JayClay]

 

2 hours ago, Gaccha said:

You are on 4- 5 months overstay. You are facing detention, a 1 year ban and 20,000 baht fine.

If he leaves the country before immigration catch up with him, will this still apply?

 

If so he's screwed already.

 

If not, then he needs to leave the country as soon as possible and come back in either on a tourist visa or visa exempt.

 

All this talk about elite visas is very nice but it means nothing if he gets caught out by this overstay. The absolute most important thing right now is to re-enter the country on some form, any form, of legitimate temporary stay (if possible; somebody else please advise). Only once that is done should he start worrying about the longer term.

 

 

Edited April 10, 2023 by JayClay

[Pib]

1 minute ago, JayClay said:

 

If he leaves the country before immigration catch up with him, will this still apply?

 

Unless someone told immigration he got divorced (where he was suppose to immediately notify immigration of the divorce, immigration would have given him a 7 day period to leave the county,  and then switch to an authorized visa), immigration would not know he's now divorced and wouldn't be taking any action. 

 

As far as immigration knows he's still married (unless someone told them otherwise) and his marriage extension is still shows valid in the immigration system although it should have been cancelled due to the divorce.  

 

Now if for some reason the immigration police decide to check his current visa/extension status because of maybe getting arrested for something (i.e.,  causing an accident, whatever, etc) or the immigration police just decide to randomly  check his current marriage status to ensure he still authorized a marriage extension, then that police checking could uncover his divorce and then the sh&t hits the fan regarding the overstay. 

 

 

[JayClay]

@Pib

 

Thank you for clarifying. My original advice to the OP still stands then; get the hell out of Thailand right now before anything has the chance to go wrong, come back in with a tourist visa or visa exempt - then worry about the long-term options after that.

Edited April 10, 2023 by JayClay

[stoicccc]

flying out tomorrow and hoping for the best. will update here later so fools like me can learn from my mistakes and no need to do their own mistakes

[Caldera]

2 hours ago, stoicccc said:

I need to do the 90d report, no need to leave the country until August 26th

Actually you had to leave when your divorce became final. The big question is why immigration showed up at your ex-wife's house. Chances are they became aware of your divorce, which if true would be a big problem, as you probably couldn't just leave the country anymore, which would be your best option otherwise.

[stoicccc]

7 minutes ago, Caldera said:

Actually you had to leave when your divorce became final. The big question is why immigration showed up at your ex-wife's house. Chances are they became aware of your divorce, which if true would be a big problem, as you probably couldn't just leave the country anymore, which would be your best option otherwise.

It would be an overstay from Dec 12th, why wouldn't the let me leave the country`?

Edited April 10, 2023 by stoicccc

[problemfarang]

3 hours ago, stoicccc said:

immigration had visited my ex-wife's place but she was not home. 
i've been staying on marriage visa after the divorce in december, visa expires in August.
no one at the amphoe told me to go to immigration about the visa when we were getting the divorce.

What's the worst case scenario staying on the marriage visa after divorce?
Can they ban me from the country because of that?

 

Hi,

this is exactly what happened to me in covid times.

i was divorced and asked my ex to show like we are still married because of covid. she agreed.

the thing is no one (immigration) will not know you are divorced unless you or she inform them. Normally the day you divorced you need to go to immigration and will get 1 day to leave the country if there is no kids. If have kids you can change your visa and can stay.

 

what i did is i stayed on my non-o for another 2 years till people can fly again. I went to airport and when i was leaving the IO told me i still have date in my visa so if i will come back i can go to the IO in the immigration and make it re-entry. i simply told him i will not come back so no problem. left the country. i got my non-b working from the thai embassy. no problem. i entered thailand no problem. 

 

now the problem started when i went to extend my non-b at chang wattana.... the lady was ok with all paper work from the work and everything. she was almost going to stamp it then.. ta ta.. she noticed that i had non-o before and she asked me where my wife is now and not with me. i told her its non-b not non-o so why she needs my wife, and she answered me she needs to connect or link the visas. no idea what its or for. But later i found out that they simply dont want to get tricked by some way (which in my and your case we were trying lol) well i told her that shes in another city working. for some reason it must be her best day and she asked me if i have her Id and our marriage certificate with me. luckily i had photos in my phone and i asked her if its ok i copy them now and she said yes. I must admit i was lucky. dont know why and how... just lucky. if she was not in her good day i was overstay 2 years plus other charges such as illegal visa (i used agency to get my other 2 years extensions) the moment she asked me where my wife.. i felt like i started to see things black.. i felt i have a fever.. i felt the game is over... But like i said i was very very super lucky. she took the documents and extend my non-b for another year. with all the power i left in that 5 min i asked her if she is going to need my wife again for the next year extension she said no, it was only for this time because i changed my visa by leaving the country but not in the country... or something like that. 

 

so... there will be no problem till you leave the country. you can leave safe. BUT in your next extension for any kind of visa... be very very careful. they know... it will haunt you, sorry. Most likely your not cancelling visa will be a problem and they will ask to see your wife OR want to see marriage certificate.. 

 

good luck

Edited April 10, 2023 by problemfarang

[Caldera]

Just now, stoicccc said:

It would be an overstay of 4-5 months, why wouldn't the let me leave the country`?

I wrote they wouldn't JUST let you leave, with that I meant, they'd need to deal with the overstay.