Changing Visa After Divorce

[sandman00927]

I am currently in Thailand on my marriage Non O visa, this week we are planning a mutual agreement divorce, I want to stay in country and promptly change visas so I am in good standing with Thai Immigration. I am over 50, but finically am a little short of qualifying for retirement visa. Which visa would give me the longest stay while I am applying here? Any good ideas are greatly appreciated. Thanks

[lopburi3]

If you are not on a 90 day visa entry you must immediately exit Thailand as your extension ends the day you divorce (or obtain the 7 days to exit paying 1,900 baht and using a TM.7). You may be able to obtain a single entry non immigrant o visa from a Consulate on basis of being over age 50 or if not a tourist visa. This would allow up to 90 days to get retirement funds in place and seasoned if required.

[sandman00927]

Thanks for reply, I 0am a little unclear about the departure part, I am currently on a 90 day length of stay, now is my length of stay and visa null and void the day of the divorce?

[Lite Beer]

Have you got a Visa or an extension of stay?

If it is a Visa you are OK until it expires.

If an extension you need to leave the country.

[lopburi3]

So if you are on a 90 day visa entry it does not end but if you only have 90 days remaining on a one year Thai wife extension of stay it ends with the divorce.

[beano2274]

Did you get the last part of your Visa from your local Immigration or did you leave Thailand?

[sandman00927]

My visa was obtained in Los Angeles last year Aug, I have just returned to Thailand Jan 21, planning on going to Amphur in Nong Khai next week, fir mutual divorce. When we do divorce and I do not leave immediately will I be fined that overstay fee of 500 baht per day? Is there someway to get some extensions or do I have to obtain completely new visas?

[lopburi3]

I understand that you just arrived on January 21 for a 90 day visa stay? Divorce will have nothing to do with that stay and you may leave at the normal date in April or before. There is no overstay involved. It is only from an extension of stay obtain at immigration that the requirement to cancel and immediately depart on loss of reason for that extension.

[beano2274]

If you never visited Thai Immigration to do 90 day reporting then the visa is valid even though you will get a divorce until the Valid date on the visa.

[sandman00927]

Sorry if I am unclear, I couldn't read all replies until now. Ok, my Non O visa issued Aug 10, 2012, I went back USA for Nov, Dec, returned Thai Jan 21, 2013, I believe this is the second length of stay

[lopburi3]

As long as it is a visa entry the divorce does not effect it. You can continue to use the current 90 day entry and if you have a multi entry visa continue to use it.

[Lite Beer]

Keep using your Visa until it expires. Looks to be in August.

If so, do a border run just before it expires in August and get another 90 days stay.

No problem.

[sandman00927]

Thanks again, I understand now, my current length of stay is all I have on this Visa, and I need to get some other visa before this runs out or it get-out-of-town time. Appreciate the help.

[sandman00927]

I just read your reply Lite Beer, even though I get divorced say Jan 31, I can still do a border run when its time and get another 90 days out of this marriage visa? Even though I divorced in Jan, won't that sit a little sour with Thai Immigration say when I apply fir a different visa in the future?

[whybother]

Thanks again, I understand now, my current length of stay is all I have on this Visa, and I need to get some other visa before this runs out or it get-out-of-town time. Appreciate the help.

Your current "Length of stay" is not the same as an "Extension of stay".

The first time that you get a visa, you are here "on the visa" for the length of that visa regardless of the number of times that you come and go during the length of the visa (taking into account single/multiple entry).

When you extend that visa at Immigration in Thailand, you are then on an "Extension of stay". If the reason for the extension of stay (ie Marrage) then ends (ie divorce), then the extension of stay is no longer valid and you must leave the country on that day, or get an extension for a different reason.

[Lite Beer]

You can use your Visa until it expires with no problem.

You have a Multi Entry Non Imm O Visa.

It is not the same as an Extension based on Marriage.

[sandman00927]

Ok, thanks for all the insights, this is not an extension and is also a multi entry visa, I was afraid that with the divorce, it too would terminate, nice too know there's some time left on this visa and I don't have scramble to get out of Dodge. Thanks all.

[Lite Beer]

Non Imm O Visa.

O means "Other" and can be issued for any number of reasons.

[thaigold]

Consult an attorney. To do less is false economy. Google it ... the solution is at hand.

[lopburi3]

Am not sure why you would recommend he consult an attorney, most of whom would not have a clue about visas and immigration matters. His questions have been answered here - and a Google will likely show the same answers.

[NanLaew]

The law states that a divorce nullifies any active visa extension and the holder must depart Thailand promptly; the same day is inferred if the true meaning of 'immediately' is taken.

Does anyone know the specific mechanism wherein a visa extension based on marriage gets canceled? I am assuming that a divorce is normally done at the Amphurs office. Does the Amphurs office automatically and/or immediately advise Immigration? Since these are two completely separate entities, one administrative and the other law enforcement, I would be surprised if 'same day' notification actually does happen. Does the Amphur have the authority in these matters to stamp an extension in a passport as 'cancelled'? I would think only Immigration could stamp passports or modify an extension notice. I can't imagine the happy chappy getting pulled aside by airport Immigration with, "You divorced yesterday morning! Why are you leaving today? What did you do last night?!"

[Mario2008]

The amphur does not notify immigration and immirgation does not have access to the amphur files (That's why you must submit a K.R 2 form to show you are still married at immigration).

That it isn't communicated doesn't mean one doesn't have to follow the law. Also often you are asked to sign a form in whic you acknowledge to notify immirgation if the criteria for the extension of stay are no longer met. http://www.immigration.go.th/nov2004/download/form_acknow_con2stay.doc

Sometimes immigration asks why you don't have a re-entry permit when leaving the country on an extension of stay. That is how they can find out.

[lopburi3]

As said you notify immigration on the day of divorce and cancel your extension of stay - the same as you do on the last day of employment of any other ending of reason for extension. In Bangkok they have started having you sign a special form that you understand this when you extend (although it may not be too clear why you sign it - just says extension ends when reason for it ends).