Marriage And Future Residency In Thailand

[TT2]

Hello!

A little background: I have visited Thailand 6 times in the past 3 years. My fiance had lived with me here in the USA under a K-1 visa. The brutality of winter here and she missing her family forced her to move back to Thailand last March. I have visited Thailand twice since then.

I have decided to move to Thailand within the year to be married to her. She already has a house and her own trucking company. Financially we are good. I plan to continue working under contract for a company in the US and travelling occasionally to the USA.

Which visa route do I need to take? I do not have any bank accounts there yet but apparently I need to open one to begin the non-immigrant 'O' visa process. Should I travel there, get a vis-exempt entry, THEN apply for a non-immigrant 'O' visa?

Thank you for any assistance you could provide.

[lopburi3]

You must be married to obtain non immigrant O visa. Having bank account is not needed for basic visa entries. To extend stay one year at a time you need income of 40k or 400k in bank account two months. You need to be aware that work in Thailand of any kind done while you are in Thailand is illegal without a work permit and that would not be available from what you have indicated.

[ludditeman]

Why not get a multiple entry tourist visa in your home country (good for 6-9 months with extensions), come here, get married, then apply for a one year extension of stay due to marriage.

[ericthai]

You stated your wife has a transportation company in Thailand. Is this a registered company? I ask as if it is registered company with more than 2 million paid up capital and more than 3 thai employees with all social security and taxes paid you can have her issue a letter saying she is going to hire you. With this letter and the required document (shareholders certificate, paid tax receipt, etc) you can get a 1 year multi-entry "B" visa. Contact your local Thai consultant. i use the one in Miami. I either go to the office or if I'm not in Fla I Fed-ex them my passport and the required papers with a pre-paid return envelope. They don't really question anything. When I go to the office I'm in and out within 5 minutes. I have never seen the girl there even look at the papers i submit. You should call and see what they require, they might just ask for a letter saying the company is going to employ you. it's very simple in the USA. If you are going to get married then same thing get your visa in the USA, call them and ask what they need. Anywhere here in Asia they are strict about issuing visa's. In the USA as far as my dealings with the Miami office they dont check anything or really care, just want the money.

Hope this helps!!

[lopburi3]

Needless flame removed.

[RayongMike]

Hello Newbe,

I have been living in Thailand for ten years now, working on various overseas projects (not all in Thailand), so I come and go frequently. I found it best to do one of the following:

1) If you plan on working in Thailand, you need a Work Permit, which requires a Business Visa. Suggest you follow 'ericthai' suggestion below.

2) If you are over 50 years old, you can get a Retirement Visa. But you need to show money in the bank to support yourself for one year.

3) In your case I think the simplest way would be to obtain a 90 day Non-Immigrant Tourist visa in the U.S. Once in county, you can open a bank account. After you get married (registered in Thailand) go to the Immigration Office and extend your visa for one year, or change it to a type-O visa. At the same time apply for a Multiple Entry permit, so you don't have to re-apply for a visa if you take a trip out of the county. Each year, you just go to Immigrations to extend the visa for another year.

I found the people in the Immigration office here in Maptaput very friendly and helpful. My wife explained to her what our situation was and what we wanted to do. She explained the options, helped us fill out the forms, and we were In-and-Out in 30 minutes. I deal with the same person every time I go there, and take the office some doughnuts as a gesture.

Mike

[KamnanT]

In your case I think the simplest way would be to obtain a 90 day Non-Immigrant Tourist visa in the U.S.

To clarify, there is no "90-day Non-Immigrant Tourist visa". There is a Tourist visa on which you will be granted permission to stay for 60 days and which can be extended at Immigration in Thailand for a further 30 days. You may be able to obtain a Tourist visa that permits 2 or 3 entries (thus enabling 2 or 3 90 day stays). There are various classes of Non-Immigrant visa on which you will be granted permission to stay of 90 days on each entry, which can be extended up to one year if you meet the relevant criteria. As you are not yet married, it will be difficult to obtain a Non-Immigrant "O" type visa, the type normally issued to dependents/spouses of Thai nationals.

Use ericthai's advice to obtain a Non-Immigrant "B" (business) visa or use RayongMike's advice to get Tourist visa if you intend on marrying soon after arriving in Thailand. Once married, you can change your visa class to a Non-Immigrant "O" type. If your marriage plans are less firm, a multi-entry Non-Immigrant "B" visa would allow you to stay for 15 months if you exit and re-enter Thailand every 90 days or potentially indefinitely if your fiance's company successfully applies for one-year extensions of stay based on employment. Note that for an extension of stay, the company will need to provide evidence that they have adequate capital, at least 4 Thai employees and are making income tax and social security payments on your behalf.

Using Tourist visas to remain in Thailand long term is possible but is becoming more problematic as many embassies and consulates in Asia are limiting the number of consecutive Tourist visas they will issue. The pinned threads have recent anecdotes on experiences at consulates in the region.

[scorecard]

You stated your wife has a transportation company in Thailand. Is this a registered company? I ask as if it is registered company with more than 2 million paid up capital and more than 3 thai employees with all social security and taxes paid you can have her issue a letter saying she is going to hire you. With this letter and the required document (shareholders certificate, paid tax receipt, etc) you can get a 1 year multi-entry "B" visa. Contact your local Thai consultant. i use the one in Miami. I either go to the office or if I'm not in Fla I Fed-ex them my passport and the required papers with a pre-paid return envelope. They don't really question anything. When I go to the office I'm in and out within 5 minutes. I have never seen the girl there even look at the papers i submit. You should call and see what they require, they might just ask for a letter saying the company is going to employ you. it's very simple in the USA. If you are going to get married then same thing get your visa in the USA, call them and ask what they need. Anywhere here in Asia they are strict about issuing visa's. In the USA as far as my dealings with the Miami office they dont check anything or really care, just want the money.

Hope this helps!!

Agree with ericthai.

Yes you do need a work permit even just playing adviser, and there are strong penalties and possible deportation, but it's highly possible that your wife's company can create a position which fits the work permit regulations / boundaries, and the actual application for WP is not that complex.

Depending on which labour office (there's at least one in almost every province (perhaps it's very province)WP applications are processed fairly quickly, usually just a few days.

Good luck.

[IMA_FARANG]

Why not get a multiple entry tourist visa in your home country (good for 6-9 months with extensions), come here, get married, then apply for a one year extension of stay due to marriage.

-----------------------

That is correct.

The simplest way for you to start is (my opinion) to get a double-entry tourist visa. This will allow you two entrys into Thailand for 60 days each with a possible 30 day extension on each one. If used correctly that gives you 180 days to start the process of applying here in Thailand for a non O visa.

Be aware that if you were married you could apply for a non O visa at your nearest Thai cosulate. That Thai marriage certificate wold be what would make it possible. Without being married to your Thai fiancee, I doubt very much if any Thai consulate in the U.S. will give you a non O today without proof of marriage.

But you should be able to get that double-emtry tourist visa relatively easily.

Also be very careful about the expiration date on that visa. There will be something that states something similar to this, "must be used before ....date stamp..."

Both entrys must be used before that stamped date. Not just the first entry, but both entrys. If you don't use the 2nd entry before that stamped date...you lose it.

I'll let someone else give you advise on applyimg for the non O visa once in Thailand. There are financial and minimum income requirements you must meet.

Once again, being legally married lowers those requirements.

On working in Thailand...and work you perform here in Thailand...requires you have a legal work permit. That's hard to get and there are restrictions.

If you physically leave Thailand to perform any work, and do no work in Thailand, be SURE to keep records documenting that fact. You won't need a work permit for work (even if not compensated for that work, to the Thai government the simple fact of that activity being performed in Thailand is considered to be work in Thailand) for work performed entirely outside of Thailand

It won't be the immigration, but the Thai tax authorities that will want their cut. Even if you simply sign a document here in Thailand, mail it back to your country, and are later compensated for that signature the Thai tax authorities may claim the mere fact you signed it here in Thailand means you performed work in Thailand and are therefore required to pay Thai income tax on that compensation.

Just a word to the wise about that last point.

[lopburi3]

If he is getting married there is no need for anything but a single entry tourist visa. Once married he can obtain non immigrant O visas from any Consulate or if he qualifies for extension of stay can get inside Thailand in a conversion process (which would take care of the 60 day money in bank requirements if not already done).