Non-o Visa

[Cuddlycat]

Dear George,

I am married to American citizen and live in Houghton, Michigan at this moment. My husband wants to move to Thailand with me sometimes at the end of the year. I already have a greencard and I will apply my re-entry before I left.

My understanding is, he should apply for Non-O with Thai Embassy in Chicago. He is an computer engineering which has no need to go to office to work which means he can work from Bangkok too. But then, as he will get paycheck from USA and he will pay tax to US government. With the Non-O visa, does he have to pay any tax to Thai government too. It is not so clear for me at this point.

I will be very much appreciate for your respond.

Regards,

Cuddlycat.

[moto77]

If you move permanently to Thailand, you WILL lose your Greencard, regardless of whether you apply for re-entry.

If you live mostly in Thailand and only spend a month or two per year in the US, the USCIS will eventually notice this and revoke your permanent residence status. If you wish to retain the right to residence in the US, you should wait to move until you have US Citizenship.

http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

In response to your question, no, because 1. the Thai government will not know how he gets his money and 2. the non-O is a non resident visa. He will have to leave Thailand every 90 days.

[tripplejjj]

@Cuddlycat,

Since you asked George and I am not George, so the following advice is for those who are in the same boat as you.

What you state above is considered work in Thailand. The husband will need a work permit to legally work in Thailand. If he takes up residency in Thailand for more than 179 days within a same calendar year, then he is required to pay tax to the Thai government. Depending on the amount of income and residency status, he may be exempted from paying the federal income taxes to the US government.

I would strongly recommend that you get your US citizenship before relocating to Thailand. Depending on the amount of time you spend outside the US, the USCIS can revoke your green card.

[lopburi3]

Your husband seems to be planning to work illegally in Thailand and should be aware this can have serious consequences if caught. He probably will not be but it could happen. All work to be legal requires a work permit and that will normally require being employed by a Thai company that is allowed to obtain a permit. Believe you should both give long and hard thought to this move.

[Cuddlycat]

Thanks for all the answer. As I had read about greendcard, I would be able to leave US without applying re entry it it would be less than a year. But as I was not sure when we will come for a visit so I would reply for re-entry so that it would allow me to stay outside USA less than 2 years. If I was right, I have to return and stay in USA at least 6 months.

My husband will turn to 50 next April. He was thinking about applying Non-O and then apply for retirement visa later on. Would it be possible?

Thanks

[lopburi3]

Yes but it would not allow work. What he would do is extend a non immigrant O visa for retirement using 800k in Thai bank account or pension/income of 65k per month or a combination.