One Year Non Immigrant Extension Horror

[britmaveric]

Som Nam Na

Edited June 16, 2006 by britmaveric

[samran]

Greeny, little bits of paper maketh the Thai civil servant happy. I know. The higher the official who signs it, the better. Screw the 'rules' in that case. What rank is the person who signed it? If it someone with a C-8 or C-9 or above, then these things begin to hold water. Head of a department, even better.

Now you have a letter from immigration saying that they are satisfied of your thai heritiage, I see you have two choices.

Firstly, go through the hoops that they set up here in thailand. I recall a couple of posts from other members who have finally got Thai citizenship after A LOT of stuffing about like what you mention.

Or...you could send off to the Thai embassy in the US, applying for a Thai Birth Certificate, which is a very simple process usually. No stupid tests needed, just one of the parents ID cards (or copy there of). Send all the docs you now have, clearly explaining the situation of your heritage etc, and that you'd like to get a Thai BC.... and here is your proof, etc etc. Write the letter in Thai and English. I'd say go in person, but that may not be an option for you (though you do work remotely).

If you do it by mail, use a return US address of a relative perhaps who can then forward things on, so that it looks like you are there in the US (emabassy's sometimes don't work with cases from people outside the 'juristiction') and see how it goes. It could save a lot of hassel.

And if you get the BC, try and use that as reason to get the one year extension visa that Thai's can get.

might not be such a long shot.

[greenwanderer108]

Greeny, little bits of paper maketh the Thai civil servant happy. I know. The higher the official who signs it, the better. Screw the 'rules' in that case. What rank is the person who signed it? If it someone with a C-8 or C-9 or above, then these things begin to hold water. Head of a department, even better.

Now you have a letter from immigration saying that they are satisfied of your thai heritiage, I see you have two choices.

Firstly, go through the hoops that they set up here in thailand. I recall a couple of posts from other members who have finally got Thai citizenship after A LOT of stuffing about like what you mention.

Or...you could send off to the Thai embassy in the US, applying for a Thai Birth Certificate, which is a very simple process usually. No stupid tests needed, just one of the parents ID cards (or copy there of). Send all the docs you now have, clearly explaining the situation of your heritage etc, and that you'd like to get a Thai BC.... and here is your proof, etc etc. Write the letter in Thai and English. I'd say go in person, but that may not be an option for you (though you do work remotely).

If you do it by mail, use a return US address of a relative perhaps who can then forward things on, so that it looks like you are there in the US (emabassy's sometimes don't work with cases from people outside the 'juristiction') and see how it goes. It could save a lot of hassel.

And if you get the BC, try and use that as reason to get the one year extension visa that Thai's can get.

might not be such a long shot.

I didn't mean to infer that I already have a signed letter from immigration signed...just that the officer is finally willing to accept my case, content with the 'official' evidence I can provide. One would think that a simple DNA test would be more than enough to establish my case, but apparently the 'official' documents with that important stamp is just as important if not more as you imply about Thai civil servant beurocracy.

As my visa is up in September, I can't get immigration to do anything/consider anything untill it is within a week or so of the expiration of that.

My whole case, if it is to be done in Thailand, falls back on some stamped-translated document that affirms that I was born in USA to my Thai mother, and that she in fact did die 10 years ago there. And as I stated before the difficulty now lies in that the US embassy is in no authority to make any legal actions (i.e. notary seal) regarding vital records (birth and death certificate)....so as far as I know the only authority who can do so is the department of state itself...

So my hope is that I can simply take a sworn oath that I am XA, born in XB, to XC, and that XC died in XB 10 years ago. If I can make a legal oath/affadavit to these facts, get some certified authority within Thailand to stamp me, before I translate that and send it off to Ministry of Foreign Affairs. The certified stamp from whoever, whether a lawyer, US government representative/official will be necesarry I imagine for the Ministry boys before they take my 400 baht to give me their stamp.

Once I have that, it's pretty much homefree for the extension and ultimately the national rights in Thailand granted my DNA testing between my mother's younger sibling is consistent with the known facts. Step by step...If I don't receive any infor/confirmation regarding the 'official' documention confirming that I am who I say I am and that the factor for having Thai nationality is deceased, then perhaps I need to do as you say and approach the Thai jurisdiction of the US of A...

And as far as my son...I am just happy, that once we secure his rights and receive his CBRA and passport, that he will never have to go through these loopholes. I hope everyone who has dual nationals or considering to have will never neglect their childs rights...

Thanks again for the support...beneficial greatly on top of this Cheers beer....aaaahhh

[Gumballl]

greenwanderer -

I'm in a similar situation like you. I have a daughter (18 months old) that lives in Thailand with her mother. I would love to be with my daughter right now, to be a "good" parent, however I feel that I can best serve her and her mother (my wife) by remaining in the US and working! My daughter now has a US passport, but my wife is still awaiting a visa to come to the US.

I think you ought to follow my example. Please stop whining, leave Thailand, and get a job in the US. Apply for a K1 for your GF, and bring both your kid and her here to the US. You can sort out your Thai citizenship issues at a later time.

By the way, I am not sure if you are aware of this, but if a foreign woman were to give birth in the US, the child qualifies for US citizenship... but not the mother! Nor can she (legally) stay after her visa expires regardless of the child's status. This seems very similar to the laws in Thailand. Just because you are the father of a child in Thailand does not imply that you will be granted special treatment. If you cannot afford the 400K baht (which is slightly more than $10K) to get the O-visa, then get a job! Get it in Thailand, or preferably back in the US (where the pay is higher and their is no bullsh*t).

My $0.02 worth of advice.

Edited June 16, 2006 by Gumballl

[lopburi3]

Just as the Ministry of Foreign Affairs acts as the foreign use legalization authority for Thailand documents the Department of State takes care of this for the US and this website give the full details including a state by state listing/address/price list for the first step in the process in case you have not found it yet.

[greenwanderer108]

greenwanderer -

I'm in a similar situation like you. I have a daughter (18 months old) that lives in Thailand with her mother. I would love to be with my daughter right now, to be a "good" parent, however I feel that I can best serve her and her mother (my wife) by remaining in the US and working! My daughter now has a US passport, but my wife is still awaiting a visa to come to the US.

I think you ought to follow my example. Please stop whining, leave Thailand, and get a job in the US. Apply for a K1 for your GF, and bring both your kid and her here to the US. You can sort out your Thai citizenship issues at a later time.

By the way, I am not sure if you are aware of this, but if a foreign woman were to give birth in the US, the child qualifies for US citizenship... but not the mother! Nor can she (legally) stay after her visa expires regardless of the child's status. This seems very similar to the laws in Thailand. Just because you are the father of a child in Thailand does not imply that you will be granted special treatment. If you cannot afford the 400K baht (which is slightly more than $10K) to get the O-visa, then get a job! Get it in Thailand, or preferably back in the US (where the pay is higher and their is no bullsh*t).

My $0.02 worth of advice.

The option of being a temporary 'corespondance' dad is definately one of the last resort options for me....

I'm not sure if you're aware of this sir, but according to the policies of US immigration and the Department State, their standpoint is about uniting and bringing families together, rather than seperating them. Though, I don't yet have experience dealing direct with them in such situations, I can gauruntee you that the US government would never treat the mother of a U.S. citizen as second class trash based on financial status. If anything, it is the quite opposite figuring that non-nationals residing in USA can qualify for social services and health care/ insurance almost automatically.

If that foreign mother who gave birth to the US citizen was in a legit relationship with a US citizen (i.e. marriage) or even just the fact of her being a minority not from Canada or Mexico, her chances of qualifying for LPR (greencard) are pretty much gaurunteed in general (granted she is not a fugitive, criminal, or other non economical burden on society) If I understand the foundations and system correctly. The difference between US and Thailand I believe is the fact that all humans on US soil are gaurunteed basic human rights no matter what their economical / social / visa status is, atleast so as I can see.

I'm not sure I can live with myself if I just left my son with his mother while I walloped on back to the US to become a laborer for some company hoping my wife could independently get a visa in due time. Isn't it just as easy if not easier for me to do that with her over the period of the next year to two staying together here. Getting a K1 visa on her own with me as a corespondance father / supporter on the other side of the world would take just as long to get the K1 or LPR status as it would me being here with them leading them through it, wouldn't it ? Ofcourse, you do have a point about needing to establish a family living foundation as you are doing in the USA now, but I just can't seem to outweigh it against being so far away from my son for no gauruntee of his mom ever getting the visa. Just seeing the 3-400 line of queue at the American Embassy of all these poor visa hopefuls makes me want to atleast be there with her and my son suffering the long wait and expectations, etc.

Gumball, you say your daughter is 18 months now. How long have you been in the USA away from your daughter establishing your foundations better ? How long have you been in the visa process ? What is/were the biggest barriers in the process on your route? Anyway, even if I am to be coerced to follow the route you suggest, I couldn't even consider untill my son was bigger, stronger, and secure with my wife's family upcountry. K1 visa is just the fiancee 90 day marriage thing which can be adapted/changed later right? Is it not reasonable to pursue the LPR status from the start under family support basis, or is it more logical/convenient to do the K1 and recieve LPR after the marriage ? ?

Cheers

[Gumballl]

greenwanderer -

I sympathize with your desire to be with your son, but sometimes the hard decisions need to be made. In my case, I am only able to see my daughter for about 2 weeks every 3 to 4 months. It is not much to form the "bonds" that you refer to, but it is the best I can do for now.

I have a BS degree (in Comp Sci), and it is near impossible for me to get a job in LOS. I have enough savings that I could live in LOS on an O-visa for a few years, perhaps more. However I do not think that it is prudent for me to just hang out, while watching my savings balance slowly erode. Plus removing myself from the US market for an extended period will not look good to prospective employers when/if I return to the US. This is the evil of the field I am in.

Anyhow, do what you think is best. At the end of the day though, if you run out of money I think you will find out that LOS does not want you to remain. Don't expect to ever have the same privileges or support like you will have in the US.

P.S. In my previous post, I was referring to the uptick of the number of pregnant tourists from Japan, Korea, etc that can manage to get tourist visas to the US, and then give birth in the US. For them, it is like an investment; in 18 years, their kid (who is a US citizen) will be able to petition the US to allow these foreign parents to immigrate to the US. Unfortunately no such thing exists in Thailand.

[samran]

P.S. In my previous post, I was referring to the uptick of the number of pregnant tourists from Japan, Korea, etc that can manage to get tourist visas to the US, and then give birth in the US. For them, it is like an investment; in 18 years, their kid (who is a US citizen) will be able to petition the US to allow these foreign parents to immigrate to the US. Unfortunately no such thing exists in Thailand.

Not to be flippant about this, but I think Thailand actually allows for a Thai national to support an aged non-national dependent (ie aged parent). I'm not sure what the requirments are, but I have seen them floating around on this site.

[greenwanderer108]

greenwanderer -

I sympathize with your desire to be with your son, but sometimes the hard decisions need to be made. In my case, I am only able to see my daughter for about 2 weeks every 3 to 4 months. It is not much to form the "bonds" that you refer to, but it is the best I can do for now.

I have a BS degree (in Comp Sci), and it is near impossible for me to get a job in LOS. I have enough savings that I could live in LOS on an O-visa for a few years, perhaps more. However I do not think that it is prudent for me to just hang out, while watching my savings balance slowly erode. Plus removing myself from the US market for an extended period will not look good to prospective employers when/if I return to the US. This is the evil of the field I am in.

Anyhow, do what you think is best. At the end of the day though, if you run out of money I think you will find out that LOS does not want you to remain. Don't expect to ever have the same privileges or support like you will have in the US.

P.S. In my previous post, I was referring to the uptick of the number of pregnant tourists from Japan, Korea, etc that can manage to get tourist visas to the US, and then give birth in the US. For them, it is like an investment; in 18 years, their kid (who is a US citizen) will be able to petition the US to allow these foreign parents to immigrate to the US. Unfortunately no such thing exists in Thailand.

"When you have nothing, you have nothing to lose"

Our situations are slightly different in that you already have an educational and economical foundation of which the latter is only growing as time passes. Therefore, for you to give up your rights as an American on American soil and raise your daughter on foreign soil, you are risking to lose a lot, as you put it 'watching it erode'.

Definately inightful and worthy of ponder and consideration in the coming years.

I see what you mean about the children who recieve citizenship on the basis of birth on American soil, as opposed to via blood, of which the latter's foreign parent would hold higher consideration in the Imigration process, atleast as far as I understand it. BTW, What's the Latin terms that the US government uses in the INA refering to by land, by blood ???

Either way, those foreign tourists who do this would not get turned down for Social welfare programs such as medicade for them and the child if they were an economic minority. However, chances are since they qualified for the tourist visa with required sufficient bank quota, it's unlikely that they would need to use social-medical welfare services.

[punisher]

I feel for you and the situation you find yourself in. I would like to point out that Thai Immigration did not put you in this situation, you did. Throughout your long eloquent rant I see no sign of you accepting any personal responsibility for anything. It is everyone else fault that you find yourself living in a foreign country without the funds or prospects. Is it Thai Immigrations fault you don't have the experience or education to get a decent job that would allow you stay here according the rules that everyone has to abide by? Is it Thai Immigration fault that you have neither the initiative nor the wither all to prove your eligibility for Thai citizenship?

Get a grip, kid and start taking responsibility for your own life and quit blaming other people for your own self induced problems. Life is tough and you make your own road.

TH

Well,he is the father of this kid,what happens,if all other relatives are gone?they give the kid free for adoption?Im not so sure if this all legal what Thailand is doing,i have a daughter here,even i have a

authenticated document froma thai family court what says im her father,the immigration gives a shit if i dont hv the proper documents and cash,they just say byebye,but i still wonder what happens if im not here?