My 3rd Marriage Visa Extension - Am I Grandfathered Based On 400k?

[rainman]

I thought I'd ask this question a few months ahead of my marriage visa renewal date (mid March 2008). I'm currently on my 2nd extension, going for my 3rd. The first one was done in early 2006 based on 400k balance in my bank account. The second one was done in early 2007, based on offshore income of at least 40k per month or 400k per year, whatever it was.

For the coming extension, I can easily show either offshore income or the 400k in the bank, but I'd rather save the next few months of my offshore income in my overseas bank account than transfer it to Thailand with the bad exchange rate. I have enough here to live and to show 400k+ in the bank, but my question is...

Having made my first extension based on the 400k, the second extension based on offshore income, can I make my 3rd extension based on 400k again?

I don't know if I'm "grandfathered" based on that I previously made an extension with the 400k or if that is now void because I did it based on income in between.

Any help would be greatly appreciated

[lopburi3]

Am not sure there is any answer. It will be up to the immigration office and am sure most would prefer the 40k method be used. The wording of the regulation seems to indicate that if 40k is an option it is the method that should be used.

[astral]

I think you lost the 400K option by changing to income.

[dr_Pat_Pong]

I think you lost the 400K option by changing to income.

So do I Astral.

[Maestro]

...I can easily show either offshore income or the 400k in the bank, but I'd rather save the next few months of my offshore income in my overseas bank account than transfer it to Thailand with the bad exchange rate...

While there have been posts indicating that one or two immigration offices ask to see average monthly remittances to Thailand of minimum 40k it is my understanding that the rules require evidence of income, not remittances. If I remember correctly, I believe you do your extension in Bangkok and Suanplu should be satisfied with the embassy letter confirming the income and not require evidence of remittances.

--

Maestro

[rainman]

Thanks for everyone's response My Embassy is quite easy on the income letter. While they won't certify that I have a job position overseas and that I get a specific amount of money every month (because in their words, they don't know if I'll have a job tomorrow), they do issue a letter that confirms my company's letter that I'm employed there and receiving this salary every month. Worked last time for Immigration, so I guess this time too. Just to be sure, I'll also bring them the proof of funds in the bank as well, on top.

[Sunny Valentine]

I remember having read a post by Sunbelt in which he answered my question in stating that it is possible to fall back to the 400 k rule once you qualify for the grandfathering and have used the 40k income in between. Unfortunately I can't find this post now (was about a Year ago), but suggest to contact him in order to see what he knows.

Sunny