Two Visa Expiration Stamps For The Same Visa O-A

[FLHR]

Bear with me; I arrived in Bangkok April/2013, 9 months into a NON O-A visa & received a stamp at the airport for another year. Being my first retirement visa I couldn’t believe I was getting 21 months off the same visa so to play it safe I went to Chiang Mai immigration with all my visa extension paper work in July (1 year into that visa) and was given an extension of one more year. Still somewhat confused because I still have the April 2013 stamp from the airport, every 90 day report I would make a copy of each stamp and ask when my extension expired. They always said July 2013 and stamped it in red on the upper right hand corner of the 90 day report. Be advised, at some point (I don’t know when) someone put a very small illegible chicken scratch (not a stamp) on the CM extension that in Thai means cancelled. I was never aware of this and it seems most immigration officers also were not aware. Again in April my 90 day report & the immigration officer said it expires in July. The end of June I went to CM immigration and got 2 #’s for the 90 day report line and extension line. Once again the 90 day report stamp said visa expires in July. When my # came up for the extension line the lady officer was getting upset looking through my passport and yelled for one of the students. She took my paperwork to another desk and said sorry but we’re full. I would have to come back Monday. It was hard but I kept my cool and did just that.

Monday morning I finally get in front of a guy who seems to know his job tells me there’s a problem with my stamps & I would ultimately have to go to Mae Sai to pay overstay. He sets me up with the gal who’s on top of the chain of command there. She takes my passport and argues with officers at a couple different desks for quite a while. Upon her return I’m told that many officers there are not proficient at their job and I would have to go pay overstay at Mae Sai, then to return directly to her for some kind of 90 day stamp. Then to her again to get back on the NON O-A. ???? No apologies, nothing. Their mistake, my problem, simple as that.

Upon arriving at the Mae Sai border I’m told I have to go to Chiang Rai immigration. The immigration office tells me I have to go back to the border. Again, none of these immigration officers are apologetic, but mild mannered and full of smiles. Maybe that’s apologetic in Thai. ???

I have 3 questions for those with knowledge here. 1: Is there any recourse for the 20,000 Baht overstay and the several days (spent & yet to come) of my life trying to sort out consistent misinformation and discrepancies in the stamps in my passport? 2: When I go back to Chiang Mai immigration what am I to expect with the 90 day visa she was talking about, what will happen after the 90 day visa and how much more will this all cost? 3: Can I ultimately change over to a marriage visa? (I have been legally married to a Thai national for a year now).

Thanks in advance for your help and patience!

[Lite Beer]

I am totally confused but by my logic you arrived April 2013 and was given 12 months to stay.

That would mean that your permission to stay ends April 2014.

[ubonjoe]

I assume you meant April 2012 not 2013. I am having problems with some other dates also.

What is the date on your visa for when it was issued?

Since you had a multiple entry visa that year you got was correct.

Have you left the country since getting the extension at immigration in CM? If you did leave did you have a re-entry permit from immigration? If no re-entry permit that could explain your problem.

It seems you will be getting a new 90 day non immigrant visa entry when you go back to immigration and will be charged 2000 baht for it. You will need to provide financial proof the same as you do for an extension.

During the last 30 days of the 90 entry you will get you will need to return to immigration and apply for an extension of stay and again show financial proof.

[lopburi3]

You were asked to go to border to pay overstay/exit/obtain visa exempt entry and then return immediately to be issued a non immigrant O visa entry for 90 days by immigration (normally requiring 15 days or more on stay to change) and then you would be able to legally obtain a new retirement extension of stay (it is not an O-A visa).

You originally had a multi entry non immigrant O-A visa I suspect (if not then you can argue your case). That visa allows a new one year stay on any entry made during the one year from issue that it is valid. You obtained a legal stamp on your April. But then you applied for an extension of stay in July which was your error. They then did not notice error until that extension was canceled (which you do not seem to know when happened) which was not legal and your original April was your date to obtain a real extension for retirement. 90 day reporting has nothing to do with visa/extension validity and normally it is not entered on a receipt unless requested so they obviously did not seen the two conflicting stamps and read what is more normal (extension from immigration) as definitive.

So unfortunate but as it is our responsibility to know and follow the rules suspect the several errors made in this case will not eliminate the overstay issue (and it appears if you have made the trip you had given up on that).

1. As at least part of problem was your application for extension while on an extension (O-A entry) do not believe success would be worth the effort at this point.

2. There will be a form to fill out requesting non immigrant visa entry for retirement (showing financials) and charge of 2,000 baht - they may allow immediate TM.7 application for retirement extension for additional 1,900 baht or ask you to return in 60 days to do that.

3. You can but Thai wife is normally much greater chance for errors and return trips than retirement.

[Lite Beer]

Quite honestly if you had problems understanding Retirement Visas/Extensions you don't stand a chance with the Marriage option.

Here is a rough guide

(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.

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

If Income from Thailand: Statements showing Income Tax receipts.

Marriage Certificate. (Kor Ror 3)

Marriage Registry entry. (Kor Ror 2)

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.

One or two witnesses may be required.

You will be given a 30 day under consideration stamp.

Go back in a month and get the remainder.

[FLHR]

Yea, it was April 2012. Visa was a multiple entry O-A issued 13/June, 2011. Entered July/2011, exited March/2012 & reentered April, 2012 and received a 1 year stamp at the airport. I probably should have excepted/known that was a valid 1 year stamp but logic had me thinking I better go to immigration & apply for an extension in July/2012 (1 year from the original entry). But immigration should have never issued me a 1 year extension and then cancel it at some point, yet telling me the extension was valid, verbally and stamped on every 90 day report.

From your responses, I'm getting I just have to roll with it. I didn't want to raise a stink about it while in an overstay status, which is why I did the border run. Think I'll put the marriage visa on the back burner also.

Thanks for the responses!

[FLHR]

Does anyone have any solid information on how long the US Consulate income verification letter is good for? I'm seeing many posts on this site saying it's valid for 6 months. I've heard 2 different time lines at CM immigration. Both are a much smaller windows than 6 months.

Thanks!

[Mario2008]

Per instruction from immigration HQ it is 6 monhts.

[wayned]

I think that it depends on the office. Nakhon Sawan has told me that it nust be issued within 30 days. There is no statement of validity printed on hte US Income Affidavit document.

Edited July 15, 2013 by wayned

[lopburi3]

The official word from immigration is six months and this has been confirmed by the US Embassy and immigration office has instructed all units to abide by this. This is new information as of 29 May 2013.

http://www.thaivisa.com/forum/topic/644827-immigration-extends-validity-of-income-verification-letter/?p=6482130#entry6482130