American Woman Married To Thai Man

[caligirl4u2]

My Thai husband has been in the United States since he was 7 years old and has never been back to Thailand since then. How would he regain his Thai citizenship? If he regained his citizenship, would I qualify for Thai citizenship as well?

[lopburi3]

If he has expired passport and Thai birth certificate go to Embassy and start there. New passport can be issued and after return to Thailand/home register listing an ID card issued. In Thailand everyone is listed on what is called a home register, normally parents until later in life and that is the basic building block, after the birth certificate.

You do not gain citizenship but could obtain it easier than most people.

[sbk]

Posts have been deleted. Please do not hijack this thread with your issues and please do not post when you do not know the facts.

Thank you to lopburi for correcting the misinformation that has now been deleted.

[ubonjoe]

He has never lost his Thai citizenship. All he needs to do is obtain the documentation to prove it.

Does he have a pasport? Thai birth certificate? Copy of one of his parents house book (registraion)? If he has these these it is just a simple matter of going to the embassy or one of the 3 consulates in the US and applying for a passport.

See this webpage on the LA consulate website.: http://www.thai-la.net/passport/pp-e-passport-eng.htm

In fact if he has a expired Thai passport he can even travel to Thailand using it. And then sort out the documents and get a new one here.

For you to get Thaii citizensship requires you living here for a period of time on extensions of stay and then going through the application process for citizenship.

[submaniac]

First off, your husband would not be 'regaining' citizenship. If he was 1) born in Thailand and 2) one parent is a Thai national, he is a Thai citizen since birth. Both the United States and Thailand recognize dual citizenship and there is no prohibition against it. So he never 'lost' his Thai citizenship such that he has to regain it. However, if he has been in the United States since age 7, he most likely does not have the documentation to prove his Thai citizenship. It may be an issue of semantics, but what you really are asking is 'how does your husband obtain documentation of Thai citizenship'.

There are certain advantages to having documentation of Thai citizenship. Most importantly are 1) the right to own land/real property in Thailand (and to inherit the land) and 2) there is no need for 'visa runs' as your husband can stay in Thailand as long as he wants, and does not have to leave every 90 days or whatever. As for you, you can obtain a spousal visa (I believe it is the "O" visa) and you can also stay in Thailand as long as you want. I believe that if you wanted you could probably also seek Thai citizenship, but I have never needed to do the process, so I don't know.

I just went through this process recently to obtain my documentation of Thai citizenship so I am familiar with it. The information for the Thai consulate is here: http://www.thai-la.net/

Thailand does not have consulates and embassies in every state. The largest population of Thais outside of Thailand is in Los Angeles, and I think the Los Angeles office is the easiest Thai consulate to deal with. If you have his old, expired Thai passport, they can issue a new passport for a Thai citizen abroad. If you do not have this, I suggest you contact them and ask what they need. Please also be advised that the staff there don't speak English that well, so I would suggest having a native Thai speaker do the telephone call for you.

The passport is not the only thing you will need for documentation of Thai citizenship. If your husband wants to own land, he will need to get a Thai I.D. card, and get registered in a "Tabien bahn" (Thai housebook). The Thai I.D. card was a hassle for me. I already had a Thai passport, but to get a Thai I.D. card you will have to go to Thailand. The embassies and consulates have no authority to issue a Thai I.D. card. (Trust me, I have asked.)

The process to get a Thai I.D. and be listed in a Tabien Bahn requires that he must return to Thailand to do. Wherever his parents/relatives live, he has to go to the local office for that district. He has to have someone go with him and say that he lives at that address in Thailand, and he can be added to the Tabien Bahn. To get the Thai I.D., he has to know where he was born in Thailand. He then has to go to the district records office where he was born, and request a copy of this Thai Birth Certificate, certified by the local office. He then has to take the copy of to the local offie for the Thai I.D. cards, and make an application for a Thai I.D. He will need a copy of his birth certificate, passport (not absolutely necessary but helpful) and he will need two Thai citizens to swear/testify that he is a Thai national. The process will be much easier if he takes his Thai mother or father with him. Once the Thai office accepts the information they will create a new Thai I.D. card for him, and enter him into the country's computer system.

[lopburi3]

Both the United States and Thailand recognize dual citizenship and there is no prohibition against it.

Actually they do not recognize dual citizenship - but they have no prohibition against it so operate in the real world and accept that it is something that happens.

[TerryLH]

"Actually they do not recognize dual citizenship - but they have no prohibition against it so operate in the real world and accept that it is something that happens."

Acceptance = Recognition

[Arkady]

There is provision in The Nationality Act for foreign women married to Thai men to adopt their husband's citizenship. You have to apply in the same way as foreign males at Special Branch headquarters, if you are resident in Bangkok, or at a provincial Special Branch office, if you live in the provinces. Unlike foreign males or women not married to Thai men, you do not need permanent residence to apply for citizenship and you don't need to show evidence of a profession or three years' tax receipts. Instead your husband's income will be checked but the minimum is only B15,000 a month. You also don't need knowledge of the Thai language according to the law but the catch here is that the officials won't interview you in English or allow an interpreter. However, they will be more lenient and you are unlikely to be asked to sing the National and Royal anthems which is a requirement for other applicants. The process is easier than for others but you do need to be resident in Thailand for some time before your apply and for the whole period of the application which takes about 3 years. Although you can find information on the internet to the effect you can apply at a Thai consulate abroad, this is incorrect. Thai citizenship is granted at the discretion of the Interior Ministry. For those not born Thai, there is no automatic entitlement even if they meet the requirements but most foreign women married to Thais will eventually be granted as long as their husbands are deemed "respectable".

[samran]

Both the United States and Thailand recognize dual citizenship and there is no prohibition against it.

Actually they do not recognize dual citizenship - but they have no prohibition against it so operate in the real world and accept that it is something that happens.

while you are right in that the nationality act does not explicitly say "Thailand recognises dual nationality", and doesn't ban it, I'd argue there is nevertheless an explicit acceptance of it.

There are a number of provisions in the nationality act which say things along the lines of "In the case where a child of thai nationality also holds the nationality of a foreign parent"...or "In the case of a Thai woman/man who also takes up the nationality of their foreign husband/wife according to the law of their spouses country...."

etc, etc.

As such, I'd argue Thailand fully recognises the concept, and of the fact that Thai's do carry other nationalities as well.

[submaniac]

Both the United States and Thailand recognize dual citizenship and there is no prohibition against it.

Actually they do not recognize dual citizenship - but they have no prohibition against it so operate in the real world and accept that it is something that happens.

USA recognizes dual citizenship. See: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

"The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad."

Can't find similar info for Thailand because can't read Thai.

[lopburi3]

The key word above is "exists". The US has no laws to establish or prevent dual nationality; nor does Thailand. But they live in the real word and understand that without laws preventing it there is not much they can do about it.

[caligirl4u2]

If he has expired passport and Thai birth certificate go to Embassy and start there. New passport can be issued and after return to Thailand/home register listing an ID card issued. In Thailand everyone is listed on what is called a home register, normally parents until later in life and that is the basic building block, after the birth certificate.

You do not gain citizenship but could obtain it easier than most people.

Thank you for your information, it has been very helpful.

[CosmicSurfer]

Both the United States and Thailand recognize dual citizenship and there is no prohibition against it.

Actually they do not recognize dual citizenship - but they have no prohibition against it so operate in the real world and accept that it is something that happens.

USA recognizes dual citizenship. See: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

"The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad."

Can't find similar info for Thailand because can't read Thai.

As a "Nationalized" American citizen that also hold dual-citizenship as a Canadian, let me clear the matter up.

YES, in the real world The USA recognizes the existance of Dual or Multiple citizenships... Some countries never let you give it up, eg. Israel, China, etc.... The US must recognize this reality... BUT....

When a person becomes Nationalized as an American Citizen, they must swear an oath as part of the citizenship process....

The Oath states... (paraprasing as I don't remember the exact wording)... that in taking the Oath and swearing allegience to the USA, I am renoucing my claim to citizenship in any other country.

Now I was happy to take this oath, knowing that in the Real world I could renounce my Canadian citizenship to Any American authortity I wanted to.. even take out an ad in the New York Times, BUT according to Canadian citizenship law, the only renouncification that has any effect MUST be made to, and in front of, a Canadian Citizenship judge... Period.... No other renoucement has any effect under Canadian Law!

Secondly, under USA law, once you take the oath you are an American citizen and while you are in the USA any claim to Dual citizenship would be invalid. That is why they demand that you use ONLY your American passport to enter or Leave the USA.... Once outside, you could be whoever you want, from any country you want, but in the USA you American, and only American... Until you do something really bad, then they revoke your Citizenship and ship your ass back to where you belong!!!

Finally, as far as the IRS and American tax law is concerned, you are always an American, no matter where in the world you live, and therefore you are responsible to file a USA Tax return evey year, declaring your Worldwide Income

I hope this settles any confusion.

Just to get back on topic > The biggest problem for a Thai who has lived out of Thailand since childhood, is not so much re-establishing "Residency" which is what he wants to do (not Citizenship, as he never loses that) Nor is it obtaining the documentation.. that is just a series of hassles, once accomplished, then forgotten. His/Her real prtoblem is assimilation... Adjusting to Thai culture, as a Thai he/she would be held to a much more stringent standard, than as a Farang. but living in the USA for so long surely has opened his mind and adjusting to the "THAI WAY" or style will be the biggest challenge!... almost impossible if you ask me. I had a teaching colleage in this exact same situation.... He ended up accusing his Bosses of Reverse-Discrimination for Firing him.. He was a lousy Teacher, no one could understand his accent, and he couldn't fit in anywhere!

And that's the way it is...

CS

PS... If I have a kid, He/She would be entitled to chose between 3 Passports... Thai... Canadian... American...