Tm7 Extension Of O-marriage Visa

[Principo]

Once more into the breach, dear friends! But seriously, great job, you guys. This is my first post, but I've benefited from your advice for years.

Question is: can a TM7 extension-of-stay (60 days?) on the grounds of visiting a Thai wife be issued for a soon to expire non-immigrant "O" marriage visa. I've renewed (extended) my O marriage visa for 3 years every January, based on Thai wife's income. But we're going to NYC in June so she can study for her PhD, and she's quit her job to prepare. Visa expires in January. I receive no Thai income. I only need to stay in LOS five months beyond January. What's the best solution?

If TM7 can be issued, how many extensions are allowed? Do I calculate correctly: one TM7 60 day extension, and three 30-day runs to Poipet? Are three TM7 extensions possible?

Thanks, in advance.

[astral]

The only extension available on Non Imm O is the normal one year that you seem to have been receiving

for the last 3 years.

If that is not possible then I suggest you get a Tourist for 60 days + 30 day extension

then 2 or maybe 3 x 30 day Visa Exempt stamps depending on the dates.

[digitalchromakey]

I guess that your wife's most recent annual tax return was filed this March for the financial year Jan to Dec 2007 (2550).

So her income will look ok, should you choose to apply again for an extension based on family in Jan 2009.

[ubonjoe]

Question is: can a TM7 extension-of-stay (60 days?) on the grounds of visiting a Thai wife be issued for a soon to expire non-immigrant "O" marriage visa. I've renewed (extended) my O marriage visa for 3 years every January, based on Thai wife's income. But we're going to NYC in June so she can study for her PhD, and she's quit her job to prepare. Visa expires in January. I receive no Thai income. I only need to stay in LOS five months beyond January. What's the best solution? If TM7 can be issued, how many extensions are allowed? Do I calculate correctly: one TM7 60 day extension, and three 30-day runs to Poipet? Are three TM7 extensions possible? Thanks, in advance.

According to your post you have recieved an extension of stay prior to Sept. 2006 you can use the 400,000 in bank for previoous 3 months option.

From info in your post I assume you are from the US. If so you could do an income affidavit at the US consulate for any income. They ask for no proof because you are swearing an oath that the information is true and correct so the onus is on you.

The 60 day option can be done to visit your wife but not to support her. There have been posts on this. Whether you can do this at the end of your current extension would be a question for your local immigration office. If not do a border run and within 9 days (21 day rule) do a change of visa status and apply for the 60 day visa to visit your wife.

I guess that your wife's most recent annual tax return was filed this March for the financial year Jan to Dec 2007 (2550). So her income will look ok, should you choose to apply again for an extension based on family in Jan 2009.

This might work but they could ask for proof of income for the previous three months since she probably was paying tax via a deduction from her monthly income. Another immigration office question.

Hope this helps and good luck.

Joe

[astral]

According to your post you have recieved an extension of stay prior to Sept. 2006 you can use the 400,000 in bank for previous 3 months option.

I am not sure that is a valid interpretation.

This 'grandfathering ' principle seems to be that, if you are already on a particular scheme,

you can stay on it, but no changes allowed.

Unless the OP has already been using the 400K route, I am not sure he will be allowed to change.

As he says that he been using the 40K income the 400K is no longer an option.

[ubonjoe]

(6) In the case of an alien married to a Thai woman, any party or both must have a total income of not less than Baht 40,000 per month, except for aliens who entered the Kingdom before this Order came into force and granted a permit to stay in the Kingdom. If the alien does not have the minimum income above, he shall have an account deposit in Thailand in the name of either party or both of not less than Baht 400,000. Proof of account deposit for the previous 3 months is required.

[singa-traz]

The only extension available on Non Imm O is the normal one year that you seem to have been receiving

for the last 3 years.

If that is not possible then I suggest you get a Tourist for 60 days + 30 day extension

then 2 or maybe 3 x 30 day Visa Exempt stamps depending on the dates.

Immigration allows me to extend my stay on the ground of visiting a Thai wife (60 days, once), even after receiving previous one year extensions.

The reason was that I could not provide some of the documents that they required on time (which were new requirements), and propose this as a temporary solution for me.

[Mario2008]

The rule is known, the question is if you can interpret it as Astral does or as Ubonjoe does.

Several postings suggest you can interpret the rule in the way ubonjoe does and that granfathered cases can freely switch between 400,000 in the bank or 40,000 a month. Someone mentioned he had asked this avery recently at immigration and they confirmed this.

[Lite Beer]

The rule is known, the question is if you can interpret it as Astral does or as Ubonjoe does.

Several postings suggest you can interpret the rule in the way ubonjoe does and that granfathered cases can freely switch between 400,000 in the bank or 40,000 a month. Someone mentioned he had asked this avery recently at immigration and they confirmed this.

I tend to go along with Joe on this one. But as we all know it all all depend on where you go and apply. They are the ones that matter.

[Principo]

I guess that your wife's most recent annual tax return was filed this March for the financial year Jan to Dec 2007 (2550).

So her income will look ok, should you choose to apply again for an extension based on family in Jan 2009.

Thanks you guys for your help.

Re proving income based on tax returns, I do believe it says that in the rules, but our experience at Suan Phlu has always been that it is necessary to prove CURRENT employment, by a series of letters from the HR and finance director of the company certifying salary, length and period of employment, average salary of other workers, total paid-up capital, etc. etc. (And of course there's always something additional, unannounced, each year, so invariably we make two trips; the company must stamp the letters with their chop just so, countersigned by the appropriate director. The ladies in the front row of desks in the non-immigrant room give you one list, but when you get to the back desks, you're told the newest list has X additional items).

Are we being made to jump through hoops? Does anybody know the rule for current vs averaged income?

Thanks Ubonjoe for your suggestion about US income affadavit; I guess that will handle my situation, no duplicity necessary.

[bkkexplorer]

(6) In the case of an alien married to a Thai woman, any party or both must have a total income of not less than Baht 40,000 per month, except for aliens who entered the Kingdom before this Order came into force and granted a permit to stay in the Kingdom. If the alien does not have the minimum income above, he shall have an account deposit in Thailand in the name of either party or both of not less than Baht 400,000. Proof of account deposit for the previous 3 months is required.

please link to the source or let me know where i can find the legal requirements.

thanks.

[ubonjoe]

(6) In the case of an alien married to a Thai woman, any party or both must have a total income of not less than Baht 40,000 per month, except for aliens who entered the Kingdom before this Order came into force and granted a permit to stay in the Kingdom. If the alien does not have the minimum income above, he shall have an account deposit in Thailand in the name of either party or both of not less than Baht 400,000. Proof of account deposit for the previous 3 months is required.

please link to the source or let me know where i can find the legal requirements.

thanks.

Page 8 7.17

http://www.immigration.go.th/nov2004/2notice/rtp606EN.pdf

[bkkexplorer]

thanks again for the link, is there a thai version around?

(6) In the case of an alien married to a Thai woman, any party or both must have a total income of not less than Baht 40,000 per month, except for aliens who entered the Kingdom before this Order came into force and granted a permit to stay in the Kingdom. If the alien does not have the minimum income above, he shall have an account deposit in Thailand in the name of either party or both of not less than Baht 400,000. Proof of account deposit for the previous 3 months is required.

please link to the source or let me know where i can find the legal requirements.

thanks.

Page 8 7.17

http://www.immigration.go.th/nov2004/2notice/rtp606EN.pdf

[ubonjoe]

Thai version.

http://www.immigration.go.th/nov2004/2notice/rtp606.pdf

Edited October 9, 2008 by ubonjoe

[bkkexplorer]

Thats only 2 pages long but after peeking around a little more i found this. I'm assuming this is the translation.

www.immigration.go.th/nov2004/2notice/rtp606.pdf"]Thai Police Order 606/2549 – Thai text

BTW, I don't read thai and this is for the missus.

Thanks again ubonjoe

Thai version.

http://www.immigration.go.th/nov2004/2notice/rtp608.pdf

Edi: Checked link and its only 2 pages long.

[ubonjoe]

Thats it. Just did an edit to my post. Mouse pointer got off when I did copy I think.

[Maestro]

...Question is: can a TM7 extension-of-stay (60 days?) on the grounds of visiting a Thai wife be issued for a soon to expire non-immigrant "O" marriage visa...

Yes. Many have done this. It is a routine matter for the immigration office. Bring your wife along when you apply. No financial requirements to be met for the 60-day extension. Paragraph 7.23 of Royal Thai Police Order No. 606/2549 applies.

--

Maestro

[benjamat]

Page 8 7.17

http://www.immigration.go.th/nov2004/2notice/rtp606EN.pdf

Is this the latest information? Cannot read thai dates on form.

[digitalchromakey]

Is this the latest information? Cannot read thai dates on form.

606/2549 is the most recent relevant National Police Office Order.

This is the Sunbelt translation of the relevant clause of 7.17

(6) In case of the applicant who is married to a Thai wife, one of them or both of them need to have the total annual income that is averaged out not less than 40,000 Baht per month.