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Posted

I am planning on getting married to my Thai lady. Any Americans who have done this here? What do I need to know? What about Property etc in America that I want my wife to inherit? Those kinds of things..

I don't need any "don't do it" comments. She is an English Teacher from a good family and has good values... She doesn't even drink alcohol. I am comfortable that she loves me for me and not JUST for what I can do for the family. She has stuck with me in good times and in bad.. So, my decision and I just want help on the minutia of what I need to do.

Thanks in advance

Posted

What is the question?

Obviously many Americans have married Thai in Thailand.

If you need a play by play check the US Embassy ASC website for details - simple matter of filling out a paper at Embassy and having it notarized and then translated/recorded with Ministry of Foreign Affairs. Then you both present yourselves and ID at a local District Office to register the marriage. Anything else is up to you (cermoney/church/monks/party/and such). You can use paperwork filled out during registration for specific details if desired - but for property in US after death that would be where a will would be useful. You can ask for details in the marriage section.

http://bangkok.usembassy.gov/service/marriage.html

Posted

Yeah, I am. angry.gif It'll be a huge pain trying to get her a K3 visa. I tell my Thai wife it's hard to get a visa to come to America. Not same for me to come to Thailand. It has been several years and I still can't get her a marriage visa. She's stuck in Thailand and can't visit the US because our government thinks everybody wants to immigrate to America(they don't) and is going to sponge off the welfare system(which is close to non-existent).

I got my wife a visa to get married in the US in about 3 months. My friend just applied for his wife here via DCF and got told he'd have everything done within 2 months...probably much quicker. Not sure what's going on with your situation, but best of luck.

Where is your property in the US? Many states have laws that say if one spouse dies, the other automatically inherits the property. Some don't. I think Oklahoma is one as I'm dealing with them right now for some stuff I'm trying to get transferred into my mother's name after my fathers passing. Nevada was super easy. No will required. Even Oklahoma isn't going to be too bad. But it's going to take at least 6 months to get it finalized.

With this being said, I think you'll be better off with this over in the family forum. Too many trolls in the Pattaya forum. And this isn't really related to Pattaya anyway.

Topic Move.

Posted

If your intent is to become "legally" married under Thai law, you will need an "Affidavit of Eligibility to Marry" translated into Thai and certified by the Ministry of Foreign Affairs, which is what I believe lopburi3 is referring to in his post above. If you get married in Thailand, your marriage is legally valid only when you register it with the office of the local Amphur. If you want your spouse to have the legal rights of a spouse, including rights of inheritance, you must register your marriage. Registered Thai marriages are valid for most U.S. purposes, including obtaining a "spouse of a US citizen" visa (K-3). The form for the Affidivit can be obtained on the Embassy's website.

If the marriage is legal under Thai law (i.e., registered) and you have no other dependents, your wife will receive all of your property upon your death under the laws of intestate succession in all states in the US (at least all of which I am aware). But a will will certainly help (as may joint ownership of property where appropriate to avoid probate). You can find forms for simple "I love you" wills on the internet, and you can make it self-proving by having it notarized at the Embassy (for a fee). She should be specifically named as the beneficiary on all life insurance policies on your life if you want her to receive those proceeds. You will need to get her a US Social Security number if you want to count her as a dependent on your US Federal tax return. The Embassy can help with you that after you are married.

If you plan to reside in Thailand, as regards US issues you are done. If that is not the case, be warned that obtaining a "fiancé" visa (K-1) is much easier that obtaining a visa for a spouse (K-3). Also, if you have any plan to move to the US, now or in the future, seriously consider a pre-nuptial agreement, which are generally not valid if entered into after the marriage has taken place.

And good luck.

Posted

((cut)) You will need to get her a US Social Security number if you want to count her as a dependent on your US Federal tax return. The Embassy can help with you that after you are married.((cut))

Believe you are talking about filing a joint income tax return rather than as a dependent and this does not require an SSN but an ITIN which is obtained at time of filing tax return. Embassy has nothing to do with it.

Posted

What is the question?

Obviously many Americans have married Thai in Thailand.

If you need a play by play check the US Embassy ASC website for details - simple matter of filling out a paper at Embassy and having it notarized and then translated/recorded with Ministry of Foreign Affairs. Then you both present yourselves and ID at a local District Office to register the marriage. Anything else is up to you (cermoney/church/monks/party/and such). You can use paperwork filled out during registration for specific details if desired - but for property in US after death that would be where a will would be useful. You can ask for details in the marriage section.

http://bangkok.usembassy.gov/service/marriage.html

"What is the question?

Obviously many Americans have married Thai in Thailand."

Agree ... and obviously there's far more to the equation than the fact that she's Thai and you're an American and assuming your situation will exactly mirror that of every other American married to a Thai.

If you want her to inherit your property in the US you'll need a US will recognized by whatever probate court has jurisdiction, preferably drawn up by a lawyer in the state where you have the property, but there will clearly be logistics issues for her, particularly in turning real property into cash and getting it all transferred to her and possibly other family members contesting/obstructing the arrangement.

You should also have a Thai will. Even though she would probably inherit property & money you have in Thailand without the will, it helps if you make specific your intentions and include a statement that she be allowed to go ahead with funeral arrangements etc. without the US Embassy butting in (and I got that advice from the consular service at the US Embassy).

Posted

Yeah, I am. angry.gif It'll be a huge pain trying to get her a K3 visa. I tell my Thai wife it's hard to get a visa to come to America. Not same for me to come to Thailand. It has been several years and I still can't get her a marriage visa. She's stuck in Thailand and can't visit the US because our government thinks everybody wants to immigrate to America(they don't) and is going to sponge off the welfare system(which is close to non-existent).

I got my wife a visa to get married in the US in about 3 months. My friend just applied for his wife here via DCF and got told he'd have everything done within 2 months...probably much quicker. Not sure what's going on with your situation, but best of luck.

Where is your property in the US? Many states have laws that say if one spouse dies, the other automatically inherits the property. Some don't. I think Oklahoma is one as I'm dealing with them right now for some stuff I'm trying to get transferred into my mother's name after my fathers passing. Nevada was super easy. No will required. Even Oklahoma isn't going to be too bad. But it's going to take at least 6 months to get it finalized.

With this being said, I think you'll be better off with this over in the family forum. Too many trolls in the Pattaya forum. And this isn't really related to Pattaya anyway.

Topic Move.

"Too many trolls in the Pattaya forum." Pretty funny!clap2.gif

Posted

.......................

If you want her to inherit your property in the US you'll need a US will recognized by whatever probate court has jurisdiction, preferably drawn up by a lawyer in the state where you have the property, but there will clearly be logistics issues for her, particularly in turning real property into cash and getting it all transferred to her and possibly other family members contesting/obstructing the arrangement.

You should also have a Thai will. Even though she would probably inherit property & money you have in Thailand without the will, it helps if you make specific your intentions and include a statement that she be allowed to go ahead with funeral arrangements etc. without the US Embassy butting in (and I got that advice from the consular service at the US Embassy).

The OP does not "need" a will to ensure that his Thai wife inherits his property. All that is required is that she can prove that she is legally married to him at the time of his death. It is estimated that more than 57% of adults in the US do not have wills. Property passes on death in such cases in accordance with the laws of intestate succession of the state where the couple resides or the property is located, which in almost all cases give wives and children priority claims on the deceased's property over all others. In most routine instances, these laws mirror the intent/expectations of the parties involved. A will can help to speed up the process of probate, but it is not required. And, again, in most simple cases, with no other dependents, a simple "I love you will" will suffice and can be done without the assistance of a lawyer.

Probate in the US can be expensive and time consuming, and people with limited assets can and should try to avoid the need for probate -- most do. In many cases this can be done completely with property titled in tenancy in the entirety, tenancy in common, joint accounts, designation of the spouse as the "beneficiary" and "POD" designations, which are recognized in most states. If done correctly, all property of the deceased spouse will pass immediately to the other spouse on a spouse's death without probate. It should be noted, however, that there may be significant costs to "unwind" these arrangements in the event of divorce of the parties.

And if you want to increase significantly the chance of "possibly other family members contesting/obstructing the arrangement" have two wills. Unless done correctly and very carefully, such an arrangement can have serious adverse and unintended consequences.

  • Like 1
Posted

Yeah, I am. angry.gif It'll be a huge pain trying to get her a K3 visa. I tell my Thai wife it's hard to get a visa to come to America. Not same for me to come to Thailand. It has been several years and I still can't get her a marriage visa. She's stuck in Thailand and can't visit the US because our government thinks everybody wants to immigrate to America(they don't) and is going to sponge off the welfare system(which is close to non-existent).

You are obviously doing something wrong as thousands have successfully navigated the K3 process... If you can't do the paperwork and have your marriage vetted by consul staff, consider hiring a Thai attorney to "fix" it for you... That is unless your wife has a doggy past and sets off the warning bells at the consul... Not meaning to be harsh, but the facts are the facts...

  • Like 1
Posted

If your intent is to become "legally" married under Thai law, you will need an "Affidavit of Eligibility to Marry" translated into Thai and certified by the Ministry of Foreign Affairs, which is what I believe lopburi3 is referring to in his post above. If you get married in Thailand, your marriage is legally valid only when you register it with the office of the local Amphur. If you want your spouse to have the legal rights of a spouse, including rights of inheritance, you must register your marriage. Registered Thai marriages are valid for most U.S. purposes, including obtaining a "spouse of a US citizen" visa (K-3). The form for the Affidivit can be obtained on the Embassy's website.

If the marriage is legal under Thai law (i.e., registered) and you have no other dependents, your wife will receive all of your property upon your death under the laws of intestate succession in all states in the US (at least all of which I am aware). But a will will certainly help (as may joint ownership of property where appropriate to avoid probate). You can find forms for simple "I love you" wills on the internet, and you can make it self-proving by having it notarized at the Embassy (for a fee). She should be specifically named as the beneficiary on all life insurance policies on your life if you want her to receive those proceeds. You will need to get her a US Social Security number if you want to count her as a dependent on your US Federal tax return. The Embassy can help with you that after you are married.

If you plan to reside in Thailand, as regards US issues you are done. If that is not the case, be warned that obtaining a "fiancé" visa (K-1) is much easier that obtaining a visa for a spouse (K-3). Also, if you have any plan to move to the US, now or in the future, seriously consider a pre-nuptial agreement, which are generally not valid if entered into after the marriage has taken place.

And good luck.

Thanks for the good concise information.

  • Like 1
Posted

If she's educated and switched on, just get her an immigrant visa and take her to the States. After a year, she'll never wanna go back (except to visit her Mom). And it's worth it to pay for a company to do the visa (either tourist or immigrant). You can try TSL just accross the street from the Consulate (same side as Embassy). I'd still do a pre-nup just in case things change too.

Posted

If she's educated and switched on, just get her an immigrant visa and take her to the States. After a year, she'll never wanna go back (except to visit her Mom). And it's worth it to pay for a company to do the visa (either tourist or immigrant). You can try TSL just accross the street from the Consulate (same side as Embassy). I'd still do a pre-nup just in case things change too.

My friend got his wife a 10 year tourist visa. Not sure what restrictions that has, but since he's moving back, he wants her to come in "legally" and get her citizenship. If you travel, having a US passport is a big deal. Well worth the 3 year wait. And not that hard to get.

Posted

Has she been married before.......Does she have kids in tow.?

For that matter , have you been married before ? Because if so you will need to have all your divorce papers to show to the amphur . Remember , this is not America.

Posted

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What is the question?

Obviously many Americans have married Thai in Thailand.

If you need a play by play check the US Embassy ASC website for details - simple matter of filling out a paper at Embassy and having it notarized and then translated/recorded with Ministry of Foreign Affairs. Then you both present yourselves and ID at a local District Office to register the marriage. Anything else is up to you (cermoney/church/monks/party/and such). You can use paperwork filled out during registration for specific details if desired - but for property in US after death that would be where a will would be useful. You can ask for details in the marriage section.

http://bangkok.usembassy.gov/service/marriage.html

"What is the question?

Obviously many Americans have married Thai in Thailand."

Agree ... and obviously there's far more to the equation than the fact that she's Thai and you're an American and assuming your situation will exactly mirror that of every other American married to a Thai.

If you want her to inherit your property in the US you'll need a US will recognized by whatever probate court has jurisdiction, preferably drawn up by a lawyer in the state where you have the property, but there will clearly be logistics issues for her, particularly in turning real property into cash and getting it all transferred to her and possibly other family members contesting/obstructing the arrangement.

You should also have a Thai will. Even though she would probably inherit property & money you have in Thailand without the will, it helps if you make specific your intentions and include a statement that she be allowed to go ahead with funeral arrangements etc. without the US Embassy butting in (and I got that advice from the consular service at the US Embassy).

My following comment not intended to be negative in any way, just sharing from experience.

If you go to the local amphur office to make a Thai will (they have the appropriate documents on hand and it's very cheap) then you may encounter amphur staff who will try to tell who what you have to do (in terms of declaring who benefits etc).

The reality is that 99% of these amphur office staff are not lawyers and have close to zero / zero knowledge of law.

However if it's very straight forward - she get's everything then there is nothing to be discussed or commented on by the amphur staff.

Good luck, hope you have many many happy years ahead.

Posted

I did, 8.5 yrs ago.

Now back in the USand of A getting her citizenship and after we will return to the Realm.

As described above, affidavid that you are single ( spelling, sorry I'm tired & lazy right now) get it translated into Thai, pop into the local Amphur, throw some bhat on the table & bingo..

They give you a pretty marriage cert with your English name in Thai. It is a legal marriage worldwide.

Green card interview went swimmingly w/ out any problems at all.

She has a job, & so far likes it here ( shopping is the key word here..)

( Should be noted that we were married for 4 years living in the Realm, but they still looked at her as a BG, which she was not. )

choc di

Posted

Yeah, I am. angry.gif It'll be a huge pain trying to get her a K3 visa. I tell my Thai wife it's hard to get a visa to come to America. Not same for me to come to Thailand. It has been several years and I still can't get her a marriage visa. She's stuck in Thailand and can't visit the US because our government thinks everybody wants to immigrate to America(they don't) and is going to sponge off the welfare system(which is close to non-existent).

My wife got her visa in about 7 weeks. We could have had it quicker if we had opted to pay the Thai police for a faster criminal check. We didn't realize her interview would be scheduled to quickly and had to reschedule when we didn't have the police check yet.

Before we were married, she got her tourist visa two or three days after her interview, I seem to remember.

Posted

You will NOT be marrying just one woman. You marry the whole family the present and the once you have never met and perhaps never will meet. She belongs to that family and her place is pretty low with yours even lower. They all know better what to do with your money and will tell her how to spend it. coffee1.gif

  • Like 1
Posted

It is too late to give you any helpful advice...you have decided to take the plunge...come hell or high water...good luck...

  • Like 2
Posted

((cut)) You will need to get her a US Social Security number if you want to count her as a dependent on your US Federal tax return. The Embassy can help with you that after you are married.((cut))

Believe you are talking about filing a joint income tax return rather than as a dependent and this does not require an SSN but an ITIN which is obtained at time of filing tax return. Embassy has nothing to do with it.

Taxpayer Identifying Number TIN can be applied for separately, not along with IRS filing, altho the tax return asks for either SSN or TIN.

Posted

I am an American married to a Thai citizen for over ten years, so my info is old.

I got good advice from US Embassy and I followed it.

-Got fiancee visa for her after applying to regional usa immigration office in TX and supplying more information than I thought possible. Waited two and half months after painful year of filing paperwork, repeated new requests, etc.

-Brought fiancee to usa, entry ok.

-Married in usa.

-Had to then notify usa immigration of our actual marriage.

-Went thru painful process of getting her a green card.

She got back into usa with green card easy.

Thailand immigration accepted our usa marriage papers, but only with translation, and gave me, for a while, a MARRIED TO A THAI permit to stay in Thailand.

We did not take her children until later... painful process, too... but that is beyond your question.

Of course, you can marry first in Thailand, but my process is better on the usa end.wai.gif

Posted (edited)

My wife and I were together for 4 years prior to getting married. Three years ago my wife (then girlfriend) obtained a 10 year US tourist visa, we go to the States at least twice a year. Last March we were married while in the US. She is now getting all the immunizations and other requirements out of the way and we will apply for the immigration visa shortly. We intend to move to the States in a little less than two years when my current employment contract in Thailand expires, unless renewed. While visiting the Immigration Section at the US Embassy and the Bangkok Office of Homeland Security for the purpose of preimmigration visa information gathering, I was more than supprised by the positive attention I received when our US marriage certificate was presented. My "two cents" of course, get married in the States first and then work on the immigration things at this end.

Edited by phrisco17
Posted

I am married to Thai woman and have been here for 3 years, I am getting ready to move back to the USA with her, but I fear it is going to be a long and drawn out process...

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