Citizen help & visa info

[TRIPxCORE]

My Thai citizen wife & I want to move to Thailand.  She is a legal US Green Card holder right now.  If we want to live in Thailand, the US immigration puts a restriction on how long she can be away from the USA?  If this is the case, she needs to become US citizen and maintain dual citizenship.  Does anybody know how this works?  Which passport would you use to enter and leave Thailand and then enter USA.  This is very confusing.  We need to come back to US for occasional visits to family.

    Second question is for myself.  Does anyone have any good info regarding getting non-imm O visa's from Laos.  Easy or difficult?  This is probably where I will go to get mine since my wife is from Udon Thani and that is not very far.  Any help on any questions is greatly appreciated.

[dr_Pat_Pong]

How old are you and how long are you trying to stay ? Forget Laos in any event. The US is your best bet for a visa

[george]

If you are presently in Hawaii, I would recommend the Royla Thai Consulate in Honolulu, they are visa friendly. Ask for a Non-Immigrant "O" visa with multiple entries valid for one year.

[TLok]

You could also change your wife's green card status to "commuter" very easy to do and that lifts the min stay restriction for you wife. As it is BICS aka INS isn't too sharp on catching how long your wife has been out of the country mine had been out over 4 years and got back in no problem.

[TRIPxCORE]

I read today about the commuter status for green card holders and I saw that it was only an option for people from Mexico and Canada, not Thailand.  I think dual-citizen is the only way to go.

[lopburi3]

You may have your own reasons for saying she must become a US citizen but am not sure why if you both plan to live in Thailand that it makes any difference.  She does not have to be a US citizen to make trips to the USA for family visits.

[TRIPxCORE]

She has to become a US citizen because if we wanted to come back to the US for a visit after being in Thailand for 2 years, we would need to acquire a visa even though she is a green card holder.  If you are in possesion of a green card and leave the US for more than 6-12 months, you will encounter trouble getting back into the US, possibly not even being allowed in.

[lopburi3]

Well one visa can last 10 years so it has not been much trouble for us.  Getting the visa is not a problem in a case where you have decided to live overseas.

[TRIPxCORE]

Well one visa can last 10 years so it has not been much trouble for us.  Getting the visa is not a problem in a case where you have decided to live overseas.

Are you telling me that I can tell the US Immigration officials that we plan to live in Thailand and they will give me a 10- year visa?  I haven't heard anything like that before.  The reason for granting a person a residence green card is for the purpose of making the US your main residence.  I dont know where you are getting this information but I would like to know so please tell me.  I need all the help I can get.

[lopburi3]

I speak first person.  After approval of partition for immigrant visa we decided to live here so never applied for visa.  Several years later applied for tourist visa and it was issued.  I have heard of some limiting travel to be only with husband but in our case there is no such limitation and am sure there would be none on someone who already had green card status.  Can't think of any better proof that she does not intend to stay in the USA than leaving having a green card.

[Thaiwife]

Hi Joey,

I just became a forum member today, and can’t resist posting something on this thread.

I plan to go with my husband to Thailand for the purpose of retirement. For that reason, I do understand your concern.

If your wife, as a green card holder, leaves the country for more than one year but less than two, she must apply for a reentry permit at least 30 days prior to departure from the US. A reentry permit is valid for two years and is not required for a trip shorter than one year. You should note that an absence from the US of more than one year will break the continuous period of residence required to become a US citizen, even if a reentry permit is issued. To apply for a reentry permit, she needs to submit a Form I-131 at an INS office near you.

If she decides to become a US citizen, she can get a 1 year Thai visa, as a former Thai, with not much trouble. All she has to do is go to the Thai Immigration office at Soi Suanplu, Bangkok and ask to stay for a visit with her family. She may have to show them her old Thai ID card or Passport just to prove that she was a Thai citizen.

As far as dual citizenship goes, it’s only dual on our own term. If a Thai would like to give up his/her citizenship, he/she must file a request with the Thai authority. If such has not been done, you are still a Thai even though the Thai citizenship was renounced during the US induction ceremony. There is no US law forbidding another passport besides the US one.

Hope this may help you and your wife in someway.

[dr_Pat_Pong]

THAI WIFE....a most succinct and enlightening contribution. Those interested will be grateful      

[fivevenoms]

Does anyone know anything more about what Tlok said about changing your wife's green card status to 'commuter'?  This sort of ties into my plans, since my current visa plans involve getting a green card for my wife to stay here a while-just not permanently.  She wants to move back to Thailand, but I don't know what kind of problems this would cause between living in Thailand and having a green card as well.

[wolf5370]

Sorry had to chime in here. Under American (and UK law) you do NOT have to renounce your current citizenship to become a US citizen. Therefore, you can have dual nationality.

I have heard, however, there are some issues as to which passport to use when travelling. This seems to apply only with the States, but (and this is purely heresay) if you travel to Thailand and use your Thai passport for entry to Thailand, you can get problems with the US Immigration Control when you show them your US Passport with no stamps on it. If you use youir US passport to entyer Thailand, then you have to follow the visa stamped therein else suffer the overstay charges of exit (safe from jail though if stopped as have Thai passport). Not sure how true the US Immigration bit is, but thought I'd better air it...comments?

[lopburi3]

you can get problems with the US Immigration Control when you show them your US Passport with no stamps on it

 I don't believe you get a US Passport stamped everywhere so doubt they are looking for this.  But if questioned all you have to is say/show that you used other passport.  Don't believe this is a real problem but perhaps someone alone with poor English could become anxious, making it appear more than it is.

[Curious George]

Under American (and UK law) you do NOT have to renounce your current citizenship to become a US citizen.

I have no intention to start an argument, but the second phrase of the United States Naturalization Oath of Allegiance, sworn by all those becoming US citizens states:

"...that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen...."

The US tries to discourage dual citizenship, but has no law against it.

[lopburi3]

I have no intention to start an argument, but the second phrase of the United States Naturalization Oath of Allegiance, sworn by all those becoming US citizens states:

You are right but if you make a close reading you might find that it says nothing about renouncing foreign citizenship (the word citizenship would follow renounce if that had been the intent).  It is an Oath of Allegiance only.  The other country could, however, use this oath as a reason to end your citizenship according to their laws.  But Thailand is not one of these (if there are any).

You are right that dual citizenship is discouraged; because of the legal tangle it can entail in a small number of cases.  But in today's world it is a fact of life.

[JayDawg]

Well CG, it doesnt say anything about a King! Only a Prince... Leave it to Thailand to find a way around that too!