Bad Marriage Visa Advice From Legal Firm?

[gamerdude]

I've been in Thailand almost 5 years now, doing repetitive visa runs.

I finally got hitched, and still kept doing the runs, but after a couple years I decided to get the marriage visa.

I called a very reputable legal firm about the process. I asked them what I needed in the way of documents.

The farang lawyer responded with what was required, and finally stated that since I was an American, all I needed was a letter signed under oath at my embassy as proof of 40,000 baht a month income.

I was surprised at this, thinking it couldn't be so easy.

So I asked him to confirm this point. "Are you certain that's all I need as proof of income?

"Yes, I'm sure," the lawyer responded.

I asked the same question a few more times during the conversation, just to be absolutely sure.

Not too long afterward, I leave the country, get my non-o and return.

Nearing the final two weeks of my visa, as the lawyer requested, I go to their legal office in Bangkok and talk with the Thai paralegal.

This is where is gets weird.

She tells me she's not sure if I can get the visa as they have never done a "first-year" marriage visa before.

"What," I ask. "All the years you've been operating and you've never done a first year marriage visa?"

"Only renewal," she states.

I'm awestruck. How is this possible? It's a very well-known legal firm that advertises all the place.

She is concerned about my paperwork and says I may not be able to get the visa.

I ask why I might not get it.

She tells me I need to show proof of income, not simply the letter from immigration.

Okay. I understand there may have been miscommunication somewhere.

I go home, print out the bank statements from my online account (where I legitimately make more than 40k a month), and return the next day.

Again, she looks worried.

"I don't know this okay," she says. "It look like you print from home."

"Yes, I did."

She goes off for a while and returns with another Thai paralegal carrying a folder. The new lady opens the folder and shows me some other farang's documents, including the Bank of America monthly mailed statement he used to get a marriage visa.

"Wait, I thought you didn't do a first year marriage visa before," I asked.

"We do this one," she replies. "He have bank paper like this."

Well, I don't get mailed paper statements. Had I known I needed them, I would have called the bank in the states and had them mailed to me.

I then tell them how I repeatedly asked the farang lawyer if he was sure that I only needed the letter from the embassy, not bank statements (politely, of course).

After some traveling in and out of the office in the ensuing confusion, she tells me "he know process, not paper need."

Really.

After this the first paralegal asks, "maybe you can pay some under table?"

"No, absolutely not," I tell them.

Being in Thailand, I know people pay for things in this way to speed things up or get things through but I'd rather not. I don't mind jumping through the legal hoops to get things done right and in accordance with Thai law.

So I go home and call my family in the states.

"Can you go to my bank and print off statements for the past 3 months, then overnight them to me?"

Thankfully, it's not too much trouble and they do so.

Over the weekend I wait, and on Tuesday they arrive.

I send them via email to the office.

The next day I get a call and they tell me something new.

"Do you have Thai bank account?"

"No. I have an American bank account" (just like the one they showed me at the office).

"You need Thai bank account with 400,000 baht to get visa."

From what I've read about visas in the past, I know this is a requirement for a retirement visa. So I tell her I want a marriage visa, not retirement visa.

"You need 400,000 baht in thai bank account for first year visa."

"."

Hoo boy.

Now I'm not sure what to do. I have less than a week before the non-o expires and would like to know if I'm missing something obvious or if I'd be wasting my time trying to find a different firm that can actually get the visa for me.

Sincerely,

Frustrated.

[Lite Beer]

You are applying for an extension of stay not a Visa.

You do not need a lawyer you can do it quite easily yourself.

Up till recently Immigration have been accepting the Embassy letter on its own. Now they seem to want proof of income also.

Easiest way is to go and ask Immigration what they will actually accept as proof. You need to go now and find out.

(6) In case of marriage with a Thai lady, the husband who is an alien must have an average annual income of not less than 40,000 baht per month or a money deposit in a local Thai bank of not less than 400,000 baht for the past 2 months for expenses within a year.

Letter from your Thai Bank showing balance and up to date bank book.

OR.

Letter from your Embassy showing income.Now may also need proof of income as back up.

Marriage Certificate

Marriage Registry entry.

Wife's Tabbien Baan and ID Card.

Your Passport.

Copies of everything.

Photos of you and your Wife in and around the house.

A map showing the way to your house.

Passport size photos and 1,900 Baht fee.

Take your Wife to be interviewed.

You will be given a 30 day under consideration stamp.

Go back in a month and get the remainder.

[gamerdude]

Thanks for the advice. I guess I will have to go down there and find out. I have no idea how to do it on my own, but I guess I can try to figure it out. I've gotten quite good at the regular visa run paperwork.

[Mario2008]

There seems to be a lot of confusion here, as there is a mix-up of the terms visa and extension of stay. You are going for an extension of stay, for which Lite Beer posted the rules above.

As you can see, the requirement is indeed 400,000 in a bank account in Thailand for 2 months OR showing an income of 40,000 baht a month. As your first lawyer said, this is done with a letter from your embassy confirming your income (if the income is from abroad).

Just make an appointment with the ACS and get the letter. Their website has all the details on how to make the appointment and get the letter.

When you go to immirgation you also take with you:

- your wife, with her ID-card and household registration

- wedding certificate (khor rhor 3 form)

- entry into marriage register (khor rhor 2 form)

- pictures of you and your wife toegther in the house and outside the hosue with hosuenumber clearly visible

- map to your house

and some other documents, depending on your local immirgaiton office.

[lopburi3]

Being an American has no relevance at all in Immigration extension of stay process and there is never a need for any payments other than the 1,900 baht fee for a TM.7 Take the above to your immigration office with wife and do it. If they need anything else you can return with it later but time is getting short. You can obtain a 60 day extension to visit wife if time runs out as no financials are required for that.

You have the letter of income I believe and original copy is required - also take the bank paperwork in case asked and any local account you use. Copies of marriage certificate/passport data and visa/entries and arrival card. Copies of wife ID and blue book (Home Register).

Let us know who you make out and the office used.

[gamerdude]

Just make an appointment with the ACS and get the letter.

I already have the letter. The legal firm said it wasn't enough. They said my bank statements weren't enough as well.

I will go to immigration tomorrow and see what they say. Hopefully it will be okay.

Who knows, I might save myself the 14k baht the legal firm was going to charge me.

[beano2274]

Seems your lawyer did not give you bad advice, it was a mistake in the terminology used (Visa and Extensions).

Visa obtainable outside of Thailand.

Extension granted within Thailand.

Edited August 3, 2011 by beano2274

[snarky66]

In Bangkok there is no need to make an appointment. Just go down there in the morning & queue up. ACS at Consular Services Wireless road. Take your passport.

[snarky66]

I already have the letter. The legal firm said it wasn't enough. They said my bank statements weren't enough as well.

I will go to immigration tomorrow and see what they say. Hopefully it will be okay.

Who knows, I might save myself the 14k baht the legal firm was going to charge me.

I am pretty sure you will save the 14 k baht.

Their hokum advice was worth exactly zero.

[Lite Beer]

As said turn up at Immigration the sooner the better and see what else they need. It is the only way.

It really is not complicated.

[lopburi3]

1. The lawyers were talking an extension of stay but calling it a visa the same as the poster. Consulate issues the visas but immigration issues the extensions of stay. The only visa issue would be if OP did not have a non immigrant visa entry; which is not the case.

2. The poster has his Embassy letter so ACS visit is not required - but starting next month an appointment will be required.

[beano2274]

It is not difficult to do the marriage extension, no need for expensive lawyers or whatever, just get the documents together with your wife and go to Chaeng Wattana, if something is missing do not worry the staff are okay and can assist you.

[gamerdude]

I will go to immigration on my own and take care of it. If anything, I'm grateful I can get a 60 day extension if I don't have enough time. This was a big worry.

Thank you very much for all your advice.

[Lite Beer]

2.24 In the case of an alien

visiting a Thai spouse or child:

Permission

will be granted for a period of not more than 60 days at a time

(1) Proof of relationship.

(2) In the case of a spouse, their marital relationship shall be de

jure (legitimate) and de facto.

BTW you do not go on your own. You have to take your Wife.

[MegaRanter]

good in poker, huh?

dont sweat it, you ll get it if the wife shows up sans black eye.

[PoorSucker]

My check list for my extension at immigrations on Koh Samui.

1. Application form T.M. 7 with one photograph size 4x6 cm. and Visa Fee 1900.-Baht

2. Copy Marriage Certificate

3. Copy Kor Ror 2 from amphur office (not older than six months)

4. Child's birth certificate (if any)

5. Copy wife’s house registration

6. Copy wife’s identity card

7. Copy passport, non-Im visa, arrival card.

8. Interview the husband and wife for confirming status of husband and wife

9. Map to residency

10. Picture of house and family, in house and outside showing house number.

With money in bank option.

1. Letter from bank same day or day before stating bank records, make a transaction just before to get it up to date.

2. Bank account must be in husbands name, joint accounts will not qualify.

With Income in Thailand option

1. A copy of work permit

2. Personal Corporation income Tax (PND.1) in latest 3 months and personal income tax for previous year with receipt

With Income from abroad.

1. Embassy letter stating your income.

All of the above in two copies, if not in BKK

[jackdawson]

Bad...Advice From Legal Firm

i mean , that's not possible is it ?

[EvilDrSomkid]

I will go to immigration on my own and take care of it. If anything, I'm grateful I can get a 60 day extension if I don't have enough time. This was a big worry.

Thank you very much for all your advice.

You could have checked into these matters yourself before it became an issue. You have been doing visa runs for years, so should know something about this.

Especially when it comes to terminology. There is literally hundreds of threads here about these matters.

If you would have checked out this website's main sponsor for what is required to get an extension of stay, you would have known what to do.

[gamerdude]

You could have checked into these matters yourself before it became an issue...If you would have checked out this website's main sponsor for what is required to get an extension of stay, you would have known what to do.

I did check months ago, with a very reputable legal firm. I thought it was all set because they claimed I had everything I needed.

Anyways, I went down with the paperwork. My wife didn't bring the right paper, so we had to go back a second time. The staff were helpful, but obviously overworked.

They stamped my passport until the beginning of September, but didn't mention when I had to go back to get the result. I'm guessing end of August? Is there a minimum time to wait?

Again, thanks for all the great advice.

Edited August 19, 2011 by sbk

[Lite Beer]

You go back on the day they stamped in your passport.

The fact that they accepted your application means that it is pretty much certain that you will get a good result.

[gamerdude]

I forgot to post back. Better late than never?

I did get the visa, thankfully.

I don't know what was up with the legal firm. It wasn't the Thai paralegals that threw me for the loop, it was the farang lawyer. I would have thought he would know what was needed. Even when we discussed the problem with the visa he still didn't know what to do or how to get the marriage visa done. Perhaps he was new or did not do that procedure before?

Anyways, I'm thankful to save the money in doing it on my own.

I appreciate all the helpful advice form everyone here. All of you saved me a lot of headaches.

[beano2274]

I forgot to post back. Better late than never?

I did get the visa, thankfully.

I don't know what was up with the legal firm. It wasn't the Thai paralegals that threw me for the loop, it was the farang lawyer. I would have thought he would know what was needed. Even when we discussed the problem with the visa he still didn't know what to do or how to get the marriage visa done. Perhaps he was new or did not do that procedure before?

Anyways, I'm thankful to save the money in doing it on my own.

I appreciate all the helpful advice form everyone here. All of you saved me a lot of headaches.

Please do use the correct terminology, it is not a visa but an Extension, a visa is obtained outside of Thailand, an Extension inside Thailand.

Congrats on getting the Extension, now you know how easy it is. Don't forget to report every 90 days, if you forget it costs 2000baht.

[NanLaew]

I don't know what was up with the legal firm. It wasn't the Thai paralegals that threw me for the loop, it was the farang lawyer. I would have thought he would know what was needed. Even when we discussed the problem with the visa he still didn't know what to do or how to get the marriage visa done. Perhaps he was new or did not do that procedure before?

Probably a TEFL'er with bogus law degree paper winging it. I understand he is now selling condo's down Jomtien way.

Good news on your result. I will be filing for my first extension on the Non-O next month in Udon. On advice from the good chaps here, I asked at the Udon Immigration office for their paperwork requirements and they had a Thai/English document that pretty much details the same paperwork, photos and amount of copies, etc., as above. Plus they added that I need to bring a Thai witness (not an in-law or other relative) so the neighbours son, fresh out of the temple, has been volunteered.

[moe666]

I do not understand the gyrations some people put themselves thru on obtaining an extension of stay for marriage or retirement. Read this site for all of the good info and if you donot understand something submit a post. Its just a matter of understanding the terminalogy and believe it or not the folks at immigration are a helpful lot. Thats not saying you couldn't get someone having a bad hair day.

Do not pay money under the table just be qualified and have your paper work sorted before arriving at immigration. Read and understand the law before going to immigration incase a question arises.

[beano2274]

Good advice is always here, I have done my own marriage extension for the last 3 years, no problems as I read here and asked questions when required. Every time the paperwork was in order, and the staff in Nonthaburi have always been very helpful.

[poanoi]

'Scouts honor' currently work for americans,

but immigration officers have the custom of extortion.

I had no problem providing proof to both Bkk & Vientienne, but immigration in Jomtien got a whiff of money and kept demanding more 'proof' until my visa expired

[arthurwait]

I bet you the farang isn't a lawyer.

[lopburi3]

One threat and nationality attack removed.