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Dependent/Trailing spouse visa questions


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I am an American, married to a Filipina.  I have a retirement visa (non-O, retirement extension).  She has an ED visa that is running out at the end of the month.

 

My understanding is that we have to leave and get her a non-O dependent visa, based on my retirement visa (I am over 50, she is not).

 

However, I am having a hard time figuring out what country to apply for the visa in as each countries Thai embassy website has different information that doesn't entirely make sense.  In Penang, the dependent visa application mentions Malaysian employment.  In Vientiane, they mention the dependent visa is for dependents of people working or studying in Thailand (I am retired, not working or studying).

 

So...

1. Does anyone know of an embassy where I can achieve a dependent visa for my wife, based on my retirement visa (not working anywhere)?

2. Embassies mention vague things like "proof of funds" but don't get into details.  Does anyone have any experiences with this?  I don't have a year's worth of Thai bank statements, maybe like 7-8 months worth.  I used an agent for the initial 800k deposit but was planning to switch over to the monthly requirement for my next extension.

 

Thanks, in advance.

 

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9 minutes ago, Liquorice said:

The Embassy that issued your original Non Imm O usually issue a Non Imm O for non-Thai dependants.

 

However, you must provide proof of relationship - where did you marry?
That (foreign) marriage should also be registered at your Amphoe in Thailand.

My non-O was issued in Thailand.  But as I understand it, we have to leave the country to get her non-O dependent.

 

We will be married in Thailand in a couple days.

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7 hours ago, QuantumQuandry said:

I am an American, married to a Filipina. 

 

9 minutes ago, QuantumQuandry said:

We will be married in Thailand in a couple days.

????

So, you've both obtained affidavits of freedom to marry, Embassy certified copies of Passport, all documents translated and legalised by the MFA to present to the Amphoe in order to marry in Thailand.

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I got my Filipina wife's non-O dependent in Vientiane but that was in 2017. We were also married here in Thailand. At that time I think I used the income affidavit but do not remember what financial proof I showed them at the time. You probably now you need to have the 800k seasoned for at least 2 months and show your bank book to the embassy but maybe not. We also got married in Thailand so no need for MFA legalization. I showed them the Thai marriage certificate/documents. She was give a 90 day Non -O and then converted that to a one year extension in Thailand later on.

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I am American also.   Married to a Laotian.   We traveled to Penang and applied for her Non O, then applied for dependent 30 days after returning to Thailand.  You will need to show one year of your bank records showing you can support your dependent 

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6 hours ago, Liquorice said:

So, you've both obtained affidavits of freedom to marry, Embassy certified copies of Passport, all documents translated and legalised by the MFA to present to the Amphoe in order to marry in Thailand.

Correct.  Also obtained a translator and witness and visited the Amphoe to verify what they require.  Let's not focus on that part, though ????  I only mention it in case there's any restriction on getting her visa if you are married too recently.

  

4 hours ago, Dwig said:

I am American also.   Married to a Laotian.   We traveled to Penang and applied for her Non O, then applied for dependent 30 days after returning to Thailand.  You will need to show one year of your bank records showing you can support your dependent 

Has to be Thai bank records, similar to your non-O, and not a western bank account, is that right?

 

If so, that's going to pose a problem for me.  Was hoping one of the embassies wouldn't require anything too extensive.

 

4 hours ago, calbts2 said:

I got my Filipina wife's non-O dependent in Vientiane but that was in 2017. We were also married here in Thailand.

Do you recall if you had a non-o or non-oa visa that she was riding on?  Have been hearing some talk that some embassies don't give a dependent visa for non-O and only non-OA.

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15 minutes ago, QuantumQuandry said:

Do you recall if you had a non-o or non-oa visa that she was riding on?  Have been hearing some talk that some embassies don't give a dependent visa for non-O and only non-OA.

Non-O. I converted in Thailand from a Visa Exempt entry.

 

Before the health insurance requirement, I would have preferred to get a NON-OA to keep my money in the USA. But now forget that - Non-O is the better option.

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Another interesting option has come to light.  An agent has offered that if we go out of the country and come back on a standard visa exemption, they can do a 6 month education visa and then convert that to a dependent non-O without having to leave again.  It is one of the most reputable agents in the area but I have never heard of that option.

 

Would prefer to do it myself but might be left without an option if the embassy demands a year's worth of Thai bank account statements when I only have 7-8.

Agent swears that after the ED visa ends and it's converted to a non-O, it's entirely legit after that.  Anyone heard of such a thing?

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5 hours ago, QuantumQuandry said:

Another interesting option has come to light.  An agent has offered that if we go out of the country and come back on a standard visa exemption, they can do a 6 month education visa and then convert that to a dependent non-O without having to leave again.  It is one of the most reputable agents in the area but I have never heard of that option.

 

Would prefer to do it myself but might be left without an option if the embassy demands a year's worth of Thai bank account statements when I only have 7-8.

Agent swears that after the ED visa ends and it's converted to a non-O, it's entirely legit after that.  Anyone heard of such a thing?

What the agent is suggesting is perfectly legal, and you could do it yourself without using an agent.

 

The rule for an extension of stay based on being a dependant requires that you are on a Non Immigrant entry. It does not matter which Non Immigrant visa you originally used. Thus, Non Ed visa (90 day permission to stay) and one 90-day extension. After that the one-year extensions as your dependant.

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1 hour ago, QuantumQuandry said:

Very interesting.  This applies even if the entry was a visa exemption, converted into a non-ED?

Yes. I personally think you could successfully apply for the Non O visa in Vientiane, as long as you have a healthy bank balance, but I cannot back that up with recent examples.  Changing the reason for your permission to stay in Thailand is done all the time. The strategy I would employ in your position would be to try for the Non O visa in Vientiane, falling back on the visa exemption and Non Ed if (I think unlikely) it should prove necessary.

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17 minutes ago, BritTim said:

Yes. I personally think you could successfully apply for the Non O visa in Vientiane, as long as you have a healthy bank balance, but I cannot back that up with recent examples.  Changing the reason for your permission to stay in Thailand is done all the time. The strategy I would employ in your position would be to try for the Non O visa in Vientiane, falling back on the visa exemption and Non Ed if (I think unlikely) it should prove necessary.

Sounds like a reasonable plan.  Do you have reason to suggest Vientiane over Penang?  Had someone recently tell me that Vientiane will only issue non-O dependent for non-OA visas whereas Penang might do it for non-O visas.  No idea if that's true or how up to date the info is.

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9 minutes ago, QuantumQuandry said:

Sounds like a reasonable plan.  Do you have reason to suggest Vientiane over Penang?  Had someone recently tell me that Vientiane will only issue non-O dependent for non-OA visas whereas Penang might do it for non-O visas.  No idea if that's true or how up to date the info is.

In my experience, Vientiane is the friendliest nearby location for visas. They probably would not give a Non O visa (dependant) to your wife if you just had a Non O visa. However, I assume you are on a one-year extension based on retirement, right? In that case, it is normal for the Non O (dependant) visa to be issued if you meet other criteria. The main one will be financials, and (to answer the obvious next question) no, I am not sure exactly what they will require. A big bank balance is easiest.

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5 hours ago, BritTim said:

In my experience, Vientiane is the friendliest nearby location for visas. They probably would not give a Non O visa (dependant) to your wife if you just had a Non O visa. However, I assume you are on a one-year extension based on retirement, right? In that case, it is normal for the Non O (dependant) visa to be issued if you meet other criteria. The main one will be financials, and (to answer the obvious next question) no, I am not sure exactly what they will require. A big bank balance is easiest.

I went to Vientiane about this time last year with my Burmese wife, married in Thailand and they denied her the Non O visa and said to go back to Chiang Mai Immigration, while CM Immigration clearly stipulated that the Non O must be acquired outside the country. They only consented to give a tourist visa. Snake biting its tail. Finally, a shady agent fixed the situation by arranging a retirement Non O for her, for 30k. I am hearing that Savannakhet might be friendlier than Vientiane.

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9 hours ago, BritTim said:

They probably would not give a Non O visa (dependant) to your wife if you just had a Non O visa. However, I assume you are on a one-year extension based on retirement, right? In that case, it is normal for the Non O (dependant) visa to be issued if you meet other criteria.

Hmm, let me make sure I understand your meaning.

 

What I got, originally, as I understand it, was a 3 month non-O visa that I then extended for another 12 months, for purposes of retirement.  I think the confusion comes because, for me, it's all kind of the same non-O Visa.  But maybe that's not how they think about it.

 

So you are saying I should be fine now, because I am on the one year extension?  And that if I was still in the first 3 months of my non-O visa, before extending it, that would likely be a problem?

 

If so, that might clear up why some embassies are reported to not give non-O on non-O but others have not reported the issue.

 

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24 minutes ago, QuantumQuandry said:

Hmm, let me make sure I understand your meaning.

 

What I got, originally, as I understand it, was a 3 month non-O visa that I then extended for another 12 months, for purposes of retirement.  I think the confusion comes because, for me, it's all kind of the same non-O Visa.  But maybe that's not how they think about it.

 

So you are saying I should be fine now, because I am on the one year extension?  And that if I was still in the first 3 months of my non-O visa, before extending it, that would likely be a problem?

 

If so, that might clear up why some embassies are reported to not give non-O on non-O but others have not reported the issue.

The commonest misconception about Thai immigration is that the visa and permission to stay are directly linked. That is not the case. A visa is used to get an initial permission to stay after which the visa can be ignored. Subsequently, you do not extend "visas", you extend "temporary permissions to stay". A one-year permission to stay in Thailand is a completely different animal from a Non O visa you could use to enter Thailand, receiving a 90-day permission to stay.

 

A Non O visa (dependant) will not usually be issued based on their spouse having a Non O visa entitling them to a short (90-day) visit to Thailand. When you have a long-term permission to stay, your spouse is eligible for a Non O visa as your dependant, and future one-year extensions of the initial 90-day permission to stay from entering with the visa.

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On 9/13/2023 at 12:15 AM, BritTim said:

Yes. I personally think you could successfully apply for the Non O visa in Vientiane, as long as you have a healthy bank balance, but I cannot back that up with recent examples.  Changing the reason for your permission to stay in Thailand is done all the time. The strategy I would employ in your position would be to try for the Non O visa in Vientiane, falling back on the visa exemption and Non Ed if (I think unlikely) it should prove necessary.

So I was thinking about this some more and doing more research...

 

Is there any reason we can't go to another country and get her a tourist visa or even just come back in on a visa exemption and then apply for a dependent visa inside the country?  This if for a girl from the Philippines, married to an American.

 

At least one legal website said you could do that with the tourist visa but they didn't mention the visa exemption.

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13 hours ago, QuantumQuandry said:

Is there any reason we can't go to another country and get her a tourist visa or even just come back in on a visa exemption and then apply for a dependent visa inside the country?  This if for a girl from the Philippines, married to an American.

The whole reason why the agent made the suggestion he did is because the conversion to a Non O visa in country is not available for a dependant of a foreign national. Aggravating as it certainly is, the simple direct option is not available. 

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16 hours ago, QuantumQuandry said:

Is there any reason we can't go to another country and get her a tourist visa or even just come back in on a visa exemption and then apply for a dependent visa inside the country?  This if for a girl from the Philippines, married to an American.

To piggyback your 1-year temporary permission of stay, your dependant must initially have a Non Imm O visa.
327-2557 (2014) - Criteria for extension ENG.pdf  Clause 2.20

Thai Embassy Vientiane or Thai Consulate Savannahket are the first obvious choices to make enquiries on obtaining a Non O for your spouse.

 

17 hours ago, QuantumQuandry said:

At least one legal website said you could do that with the tourist visa but they didn't mention the visa exemption.

Information on a commercial website can be misleading.
It is possible to enter TV and change status to Non Imm at Immigration, but only in the case where the applicant's family (you) have a residency permit to reside in Thailand. You do not have PR status, you will have temporary permission of stay for 1 year.

TV to Non O Dependant.pdf 

 

 

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Okay, this topic comes up a LOT on the f/b visa groups AND you cannot get a 90 day non-O visa based on being married to a foreigner on a "retirement visa" (Non-O visa/extension, Non-OA visa/extension) from Vientiane OR Savannakhet. People in the last couple of months have been turned away

The ONLY nearby consulate that will issue it is the one in Penang, Malaysia.

You either BOTH apply for Non-O's together <- one by meeting the requirements to get the Non-O based on retirement and the other as "trailing spouse)
OR
the primary visa holder <- the one on the retirement visa has to have a year extension issued. You have to take the marriage documents passport copies AND bank book update of the retirement visa holder for them to issue a 90 day Non-O trailing spouse visa. So if you used an agent to bank the money for you it might not work

Now you mention that you had an agent offer to get a 6 month ED visa and after that change the reason for the extension to "trailing spouse". This is actually the "work around" that many Pattaya agents are doing to get those visa/extensions for foreigners married to other foreigners on retirement visa/extensions.
They get a 90 day Non-ED visa and then they get ONE extension for 90 more days based on education <-(because the rule is you have to get at least the FIRST extension for the reason you got the visa in this case education) THEN when that first 90 day extension runs out the agents can "Change the Reason" for the extension from education to "trailing spouse".

I've seen it close to a dozen times now, and it goes thru without any issues

One thing, you say your Pinoy wife is currently ON an ED visa/extension, perhaps you could contact who ever got you your year extension (the company that banked the money for you) and see if they can do a reason change for your wifes ED extension to one based on trailing spouse.

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6 hours ago, BritTim said:

The whole reason why the agent made the suggestion he did is because the conversion to a Non O visa in country is not available for a dependant of a foreign national.

Ok.  It occurred to me that the agent might just be trying to get me to sign up for one of their expensive ED visas ????  Guess they were giving reliable information after all.  Thank you.

 

2 hours ago, Liquorice said:

To piggyback your 1-year temporary permission of stay, your dependant must initially have a Non Imm O visa.
327-2557 (2014) - Criteria for extension ENG.pdf  Clause 2.20

Thai Embassy Vientiane or Thai Consulate Savannahket are the first obvious choices to make enquiries on obtaining a Non O for your spouse.

 

Information on a commercial website can be misleading.
It is possible to enter TV and change status to Non Imm at Immigration, but only in the case where the applicant's family (you) have a residency permit to reside in Thailand. You do not have PR status, you will have temporary permission of stay for 1 year.

TV to Non O Dependant.pdf 108.13 kB · 0 downloads  

 

This is a clear answer with the sources to back it up.  Fantastic.  Part of my confusion was with the immigration website the second document came from mentioned having residency and I wasn't clear whether my one year retirement extension qualified as "A PERSON WHO HAVING RESIDENCY IN THAILAND (NON-O)".  I am clear now.  Thank you.

 

2 hours ago, Tod Daniels said:

the primary visa holder <- the one on the retirement visa has to have a year extension issued. You have to take the marriage documents passport copies AND bank book update of the retirement visa holder for them to issue a 90 day Non-O trailing spouse visa. So if you used an agent to bank the money for you it might not work

That actually is my situation.  I am in the process of doing the monthly income so that I don't have to do the agent for my next renewal but as I was new to living in Thailand with no bank account, I used an agent for the funding, initially.  I only have about 6 months of bank records to show the income aspect, though.

 

I wasn't clear what financial requirements they would require as proof, if it was the exact same as the retirement visa or not.  I emailed them and they said:

"You can provide a bank statement (last 6 months in Thailand) with recommended balance of 400,000 baht.".

 

However, they did not mention the option for the monthly income alternative.

 

2 hours ago, Tod Daniels said:

One thing, you say your Pinoy wife is currently ON an ED visa/extension, perhaps you could contact who ever got you your year extension (the company that banked the money for you) and see if they can do a reason change for your wifes ED extension to one based on trailing spouse.

It's a good idea but I likely don't have enough time left on her visa to do so.  The 'getting married' part of this process took a lot longer than expected (but that's another story).  I will ask the, just in case, though.  Thank you for trying to think of options, outside of just telling me "no, can't be done".

 

Some really great answers on the forum, today.

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41 minutes ago, QuantumQuandry said:

That actually is my situation.  I am in the process of doing the monthly income so that I don't have to do the agent for my next renewal but as I was new to living in Thailand with no bank account, I used an agent for the funding, initially.  I only have about 6 months of bank records to show the income aspect, though.

 

I wasn't clear what financial requirements they would require as proof, if it was the exact same as the retirement visa or not.  I emailed them and they said:

"You can provide a bank statement (last 6 months in Thailand) with recommended balance of 400,000 baht.".

 

However, they did not mention the option for the monthly income alternative.

The option of applying for an extension based on marriage only applies where the spouse is Thai, therefore that option doesn't apply to your predicament, as your spouse is from the Philippines. You're restricted to applying for an extension based on retirement.

There are 4 financial options available, the requirements are in brief;

2. Embassy Income letters: - no longer available to UK, US or Australian citizens.
1. Funds method: 800K THB deposited in a Thai bank account (your sole name) for 2 months prior to the application. The 800K funds must remain in the account for 3 months after the extension is granted. You may then withdraw up to half, but the remaining 400K THB must remain in the account. Repeat the following year.

2. Income method: Monthly overseas transfers of 65K THB transferred to a Thai bank account (your sole name). Immigration will request proof of 12 x 65K transfers.

3. Combination method: A combination of both funds deposited in a Thai bank and overseas transfers totalling no less than 800K THB for the year.

 

In each and every case of Immigration Orders, sections 2.18 list the criteria for extensions of stay based on Thai spouse/family.
Sections 2.22 list the criteria for extensions of stay based on retirement.

Therefore, you are only interested in section 2.22 of Immigration Orders.

 

327-2557 (2014) - Criteria for extension ENG.pdf Original criteria order. (2014).
138-2557 (2014) Docs for extensions - ENG.pdf Original document order (2014). 

Amend 138-2557 (2018 ) clause 2.18-2.22 for Thai bank income ENG.pdf This order amended the original order of 138/2557 after certain Embassies ceased issuance of Income letters, allowing documentary evidence of income from monthly overseas transfers into a Thai bank to be acceptable to Immigration.

 

 


 

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2 minutes ago, Liquorice said:

The option of applying for an extension based on marriage only applies where the spouse is Thai, therefore that option doesn't apply to your predicament, as your spouse is from the Philippines. You're restricted to applying for an extension based on retirement.

That is not quite correct. A foreigner who is a dependant of another foreigner can also apply for an extension if the necessary requirements (different from those for a foreign family member of a Thai) are met.

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1 hour ago, QuantumQuandry said:

It's a good idea but I likely don't have enough time left on her visa to do so.  The 'getting married' part of this process took a lot longer than expected (but that's another story).  I will ask the, just in case, though.  Thank you for trying to think of options, outside of just telling me "no, can't be done".

If the agent is able to help, little time is necessary on your wife's permission to stay when applying for an extension. In principle, it is possible to apply right up to the last day of the existing permission to stay. Frankly, though, I rather suspect the agent will say they cannot help. The problem is that the extension requires sign off by Division headquarters, and this is often only possible with squeaky clean applications.

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7 minutes ago, BritTim said:

That is not quite correct. A foreigner who is a dependant of another foreigner can also apply for an extension if the necessary requirements (different from those for a foreign family member of a Thai) are met.

Yes, to be clear, I was giving advice on the OP's requirements for an extension application, not his spouse.
The agent appeared to provide him with details of an extension based on Thai spouse (400K) which is not applicable in his case.

 

He will require an extension based on retirement, which his wife can then piggyback as a foreign spouse.

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21 minutes ago, Liquorice said:

Yes, to be clear, I was giving advice on the OP's requirements for an extension application, not his spouse.
The agent appeared to provide him with details of an extension based on Thai spouse (400K) which is not applicable in his case.

 

He will require an extension based on retirement, which his wife can then piggyback as a foreign spouse.

To clarify, it was the embassy in Penang that said 400k to demonstrate my financial support for my wife's dependent visa.  But they did not provide any details on the income alternative.  I have only been making deposits since April, sadly.

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On 9/20/2023 at 2:31 PM, QuantumQuandry said:

So I was thinking about this some more and doing more research...

 

Is there any reason we can't go to another country and get her a tourist visa or even just come back in on a visa exemption and then apply for a dependent visa inside the country?  This if for a girl from the Philippines, married to an American.

 

At least one legal website said you could do that with the tourist visa but they didn't mention the visa exemption.

There is ONLY ONE consulate in the area that will issue a 90 day non-O visa to a spouse married to a foreigner on a 'retirement visa' (the year extension) and that is Penang,
I can confirm these consulates WILL NOT issue it; Vientiane, Savannakhet, Phnom Penh, Kuala Lumpur, Singapore.

Only ones I don't have first hand info on as far as if they will or won't are the ones in Kota Bharu Malaysia and Yangon Burma. 

That is a HARD visa to get and everyone I know that got it since the covid sh*t show ended has done it at Penang
AND
all the denials have been at the consulates I listed above.. 

You cannot come in visa exempt OR on a 60 day tourist visa stamp and get that 90 day non-O visa issued based on being a trailing spouse of a retirement visa holder that is one of the few reasons that they don't issue in country Non-O's for at ANY immigration office. That's why agents make foreigners with foreign wives get that ED visa for 6 months then switch because an ED visa CAN be done in country

You made the job harder using an agent to push paper for your first visa/extension.. ????

Now as far as your comment that your wife's ED extension doesn't have a lot of time on it, she doesn't NEED any time on it. A "reason change" can be done right up until the last day her stamp is good for.

Contact the agent you used for your retirement extension (seeing as they'd have to push her extension thru that office too for it to "piggyback" AND see what they say

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41 minutes ago, Tod Daniels said:

You made the job harder using an agent to push paper for your first visa/extension.. ????

I understand that it turned out to be a complication, due to the circumstances.  As is, potentially, getting my wife an education visa in the first place (more frowned on now than when I actually got one for her, I think).  On the other hand, I was new to Thailand, didn't have a bank account set up and if I had tried to figure it out myself, with the short time I had, I may not have ended up being here for the last wonderful year in the first place.  So...it is what it is.  Just have to do the best I can with the options I have ????

 

My plan was to do the next renewal myself which is why I have had income going in, via Wise, for the last 6 months.

 

On the upside, this time around I have gotten lots of great info.  Thank you, and the others who posted here, for that.  I understand the process a lot better, now.

  

41 minutes ago, Tod Daniels said:

That is a HARD visa to get

Which seems ironic, to me, as it's the one that seems the most legitimate out of all my options lol  Like it's the only one that a visa agent can't really help me with and requires the most work (on the proof of marriage side).

 

41 minutes ago, Tod Daniels said:

Now as far as your comment that your wife's ED extension doesn't have a lot of time on it, she doesn't NEED any time on it. A "reason change" can be done right up until the last day her stamp is good for.

Contact the agent you used for your retirement extension (seeing as they'd have to push her extension thru that office too for it to "piggyback" AND see what they say

The bad news is the agent for my retirement extension can't (or won't) do anything with it.  They want me to leave, come back and do the 6 months ED thing.  Which seems to be the standard, and proper, way to do it.  It does run a small risk of being rejected re-entry, though, from what I gather.  Though the agent may be able to mitigate that issue, as well, from what I understand.

 

I talked to the school where she is at (different than my agent) and they said they don't have anything to do with converting, they just do the ED visa (which I suspected because they are just a school, not a visa agent).

 

Went to immigration today and immigration said that normally they only allow 1 or 2 extensions for conversion to dependent/follow visa (she has 3, making it one year total, almost) but they might be able to work with us as a special case.  So we have to go back after getting some paperwork together and see how that goes.

 

 

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19 hours ago, Tod Daniels said:

There is ONLY ONE consulate in the area that will issue a 90 day non-O visa to a spouse married to a foreigner on a 'retirement visa' (the year extension) and that is Penang,

https://image.mfa.go.th/mfa/0/3fsjzRYZ2e/VISA_FORM/NON-IMMIGRANT_VISA_(O)_FOR_DEPENDANT.pdf

 

My understanding is that Penang will only issue a Non O (dependant) visa, when the independent foreigner is the main applicant and then only for Non B, Non ED or Non O-A visa types.

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