HAL9000 Posted September 16, 2008 Posted September 16, 2008 Last year I received my first Non-Immigrant "O" (Thai Wife) one year visa extension. I am a US citizen. My passport was stamped with an extension valid to Oct 12, which falls on Sunday this year. The problem is that my wife's son has finals at school Oct 8 and 9, and maybe 10 (this is tentative and could go longer). He is 10 years old in 5th grade. So my Thai wife wants to go to immigration on Monday October 13, which puts me in (at least) a one day visa overstay. Based on my reading on this forum, as flexible as Thailand can often be, visa overstay is one thing that you just do not do. My wife feels that Immigration won't mind, especially since October 12 falls on a Sunday. She thinks they won't care about one day, and that they will be flexible about it. She says I am here to take care of my family, and that seeing that our child succeeds in his exams is part of that duty, and that Immigration will understand. So my question here is to ask what consequences I can expect to face if I appear at Immigration on October 13. I understand there is a visa overstay fine.... don't remember the exact amount.... anyone? The bigger potential consequences that I am worried about are: 1) That my application for another visa extension will be disapproved because I will be on overstay when I apply. 2) Or even worse, that I could be immediately detained for deportation. I understand that if you return to "Hear the Result" and your application is denied that you at least get a 7 day stamp to get your affairs in order for departure, but I am afraid that if I present myself on overstay that I could be immediately arrested for deportation with no time to prepare anything. Any thoughts on this? Thanks
doctormann Posted September 16, 2008 Posted September 16, 2008 Last year I received my first Non-Immigrant "O" (Thai Wife) one year visa extension. I am a US citizen.My passport was stamped with an extension valid to Oct 12, which falls on Sunday this year. The problem is that my wife's son has finals at school Oct 8 and 9, and maybe 10 (this is tentative and could go longer). He is 10 years old in 5th grade. So my Thai wife wants to go to immigration on Monday October 13, which puts me in (at least) a one day visa overstay. Based on my reading on this forum, as flexible as Thailand can often be, visa overstay is one thing that you just do not do. My wife feels that Immigration won't mind, especially since October 12 falls on a Sunday. She thinks they won't care about one day, and that they will be flexible about it. She says I am here to take care of my family, and that seeing that our child succeeds in his exams is part of that duty, and that Immigration will understand. So my question here is to ask what consequences I can expect to face if I appear at Immigration on October 13. I understand there is a visa overstay fine.... don't remember the exact amount.... anyone? The bigger potential consequences that I am worried about are: 1) That my application for another visa extension will be disapproved because I will be on overstay when I apply. 2) Or even worse, that I could be immediately detained for deportation. I understand that if you return to "Hear the Result" and your application is denied that you at least get a 7 day stamp to get your affairs in order for departure, but I am afraid that if I present myself on overstay that I could be immediately arrested for deportation with no time to prepare anything. Any thoughts on this? Thanks Why wait? You can apply for your extension up to 30 days before your current 'permission to stay' expires. No disadvantage in doing this - you will not lose any time as your extension will be dated from your current expiry date. So, from what you have said, you would get an extension valid until Oct. 11, 2009. DM
HAL9000 Posted September 16, 2008 Author Posted September 16, 2008 Why wait? You can apply for your extension up to 30 days before your current 'permission to stay' expires. No disadvantage in doing this - you will not lose any time as your extension will be dated from your current expiry date. So, from what you have said, you would get an extension valid until Oct. 11, 2009.DM Right. I was thinking it was 21 days, but I thought it was a good idea. I offered my wife to appear Monday September 22 or Monday September 29 thinking it would be best because we could travel on the weekend and only miss one school day, but she is unwilling to be absent at all because she wants to help him with his studies and be sure he understands everything.
Maestro Posted September 16, 2008 Posted September 16, 2008 jkolak, it is highly unlikely that you will be arrested and deported but you may have to start all over again with a fresh first-time application, which would mean a new single-entry non-O visa and then an application for extension of stay based on 40k monthly family income. If at present you are “grandfathered” with 400k in the bank you will lose this possibility of financial evidence for the extension. -- Maestro The single biggest problem in communication is the illusion that it has taken place. — George Bernard Shaw
Lite Beer Posted September 16, 2008 Posted September 16, 2008 jkolak. You have 30 days in which to do this. Surely you have 1 spare day. As Maestro said , it will give you a big problem if you have to start again.
Maestro Posted September 16, 2008 Posted September 16, 2008 It’s the OP’s wife who claims to have no time as she feels the need to help their son with his studies every single day until his exams and berates her husband for having his priorities wrong if he wants to apply for the new extension of stay before his current permission to stay expires. -- Maestro The single biggest problem in communication is the illusion that it has taken place. — George Bernard Shaw
Lite Beer Posted September 16, 2008 Posted September 16, 2008 It’s the OP’s wife who claims to have no time as she feels the need to help their son with his studies every single day until his exams and berates her husband for having his priorities wrong if he wants to apply for the new extension of stay before his current permission to stay expires.-- Maestro Maybe the OP should get a new Wife as she does not seem to care if he can stay here or not.
HAL9000 Posted September 16, 2008 Author Posted September 16, 2008 This from the US Embassy site: "Expired short-term visas can be extended after paying a fine, but the number of days elapsed since expiration is subtracted from the extension period. Application for extension must be made by the next working day after visa expiration to avoid a fine." Sounds like Monday the 13th could work, but it doesn't cite the authority.
Lite Beer Posted September 16, 2008 Posted September 16, 2008 This from the US Embassy site:"Expired short-term visas can be extended after paying a fine, but the number of days elapsed since expiration is subtracted from the extension period. Application for extension must be made by the next working day after visa expiration to avoid a fine." Sounds like Monday the 13th could work, but it doesn't cite the authority. You have not got a Short- Term Visa. You have got an Extension of Stay. Immigration have given you a 30 day window to apply for another years extension. Up To You. I am sorry, but if your Wife cannot spare you 1 day in a month ! I am too polite to say more.
GuyDow Posted September 17, 2008 Posted September 17, 2008 Going on the last day available is not, in my opinion, a good idea. What if you are taken ill and cannot make the journey? I generally go at least a couple of weeks before my extension to stay expires. This gives me time to get additional paperwork and/or photographs if the rules have changed since last year, I have been caught out on this before. Also, why not go on your own? I don't take my wife anymore since if any discussion is necessary with Immigration, I want it to go through me. I don't want them explaining things to my wife in Thai who then has to translate something she really might not understand. Immigration have never had a problem explaining things to me in English when they need something else from me. Try going solo, you might be surprised how easy it is!
Lite Beer Posted September 17, 2008 Posted September 17, 2008 As far as I know your Wife has to be interviewed every year. To certify that you are still married and live together. Clearly not where you apply.
GuyDow Posted September 17, 2008 Posted September 17, 2008 Clearly not where you apply. Er....No. I didn't read the OP properly. Apart from that, my other points (apply in good time, don't take unnecessary Thais along) are still valid.
Lite Beer Posted September 17, 2008 Posted September 17, 2008 (apply in good time, Could not agree more.
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