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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

Why do I keep hearing this!

I have not suffered this issue, my friends who are married to Thai ladies don't seem to have this issue (as far as I'm aware)

All I can presume is its down to selection and maybe a little luck.

  • Like 1
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...

Get started on the immigration visa as early as possible! There is a myriad paperwork and such.

Posted

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

he's going to need all the luck in the world clap2.gif

  • 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).

Fly with your wife to Mexico then just walk to the US. It's a tortilla cake walk. Obama will be waiting on the border with a green card, a heath care ID card and a democrat voter registration card.

  • 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.

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.

A tourist visa is good for 10 years, but each visit to the US is limited to 6 months, so that if the plan is to live/reside permanently in the US, leaving at the end of 6 months is required. And if the immigration staff believes that a person arriving on a tourist visa is attempting to circumvent the 6 month limit (i.e., doing a "visa run" to Canada or Mexico), they have the power to refuse entry back into the US. But, a month's trip back to Thailand every 6 months to visit the family should work fine, and if the plan is to split the year between the US and Thailand, a tourist visa is probably the best and easiest option for a Thai spouse.

To be eligible for Social Security benefits, a foreign spouse must reside in the US for 5 years. How travel outside the US for short periods may effect the satisfying of the 5 year residence requirement should be considered.

  • 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.

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.

A tourist visa is good for 10 years, but each visit to the US is limited to 6 months, so that if the plan is to live/reside permanently in the US, leaving at the end of 6 months is required. And if the immigration staff believes that a person arriving on a tourist visa is attempting to circumvent the 6 month limit (i.e., doing a "visa run" to Canada or Mexico), they have the power to refuse entry back into the US. But, a month's trip back to Thailand every 6 months to visit the family should work fine, and if the plan is to split the year between the US and Thailand, a tourist visa is probably the best and easiest option for a Thai spouse.

To be eligible for Social Security benefits, a foreign spouse must reside in the US for 5 years. How travel outside the US for short periods may effect the satisfying of the 5 year residence requirement should be considered.

You know, I have always heard Thais complain how hard it is for them to travel to the USA as compared to how easy it is for USA citizens to travel to Thailand. But I would love to get a tourist visa valid for 10 years and good for 6 month stays. I had no idea the USA tourist visas had those long time periods on them. The question is do they ever actually issue them to Thais or do the Thais need a heck of a lot of sponsorship, proof, Thai attachments etc?

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.

A tourist visa is good for 10 years, but each visit to the US is limited to 6 months, so that if the plan is to live/reside permanently in the US, leaving at the end of 6 months is required. And if the immigration staff believes that a person arriving on a tourist visa is attempting to circumvent the 6 month limit (i.e., doing a "visa run" to Canada or Mexico), they have the power to refuse entry back into the US. But, a month's trip back to Thailand every 6 months to visit the family should work fine, and if the plan is to split the year between the US and Thailand, a tourist visa is probably the best and easiest option for a Thai spouse.

To be eligible for Social Security benefits, a foreign spouse must reside in the US for 5 years. How travel outside the US for short periods may effect the satisfying of the 5 year residence requirement should be considered.

We were sneaky. We went to Mexico for the winters while in the US dealing with this 3/5 year residence issue. You can cross the border and back with just a green card. No log made. So it was like we never left! Spent some great time in Mexico on the various beaches.

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

You are wasting your time trying to tell these guys anything!

They come over here to Thailand and get more sex in one week than they have had in the

last 40 years and the girls tell them how handsome they are and they are in love and

want to get married! You ever notice how many of these guys say their girlfriends and/or wives

are university educated and virgins?!

These guys have more time and money trying to spend it on these Thai girls

than I will ever dream of having!

  • Like 1
Posted

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

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.pagespeed.ce.Ymlsr09gMJARfU4


You are wasting your time trying to tell these guys anything!
They come over here to Thailand and get more sex in one week than they have had in the
last 40 years and the girls tell them how handsome they are and they are in love and
want to get married! You ever notice how many of these guys say their girlfriends and/or wives
are university educated and virgins?!
These guys have more time and money trying to spend it on these Thai girls
than I will ever dream of having!

sadly, this is a large portion of the type of people that this country gets. A nice thing about Burma and Laos or Vietnam for example, the tourists generally are coming to experience culture and food etc etc and not a cheap screw....there is a reason why a slimy underbelly of tourism is here in Thailand, the sex aspect is so in your face and yes Johnnie from Australia is over the moon cause he hasn't had this much p***** since he was 22

  • 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.

Actually it is called ITIN not TIN anymore and as I said for purpose of a joint tax return it is obtained with application with the tax return. Before 2013 you could obtain any time but now only a very limited number needing for other than US Tax Return, such as tax treaty/exemption for withholding and such, can do so per below.

http://www.irs.gov/Individuals/2013-ITIN-Updated-Procedures-Frequently-Asked-Questions

http://www.irs.gov/Individuals/ITIN-Policy-Change-Summary-for-2013

Posted

OP,

Getting married to a Thai is quite different than what you likely grew up with and around. Chances are, you're going to find yourself in a totally different family situation than you've ever been exposed to. Your woman might be perfect in all areas BUT, her family (immediate and far, far removed) may have a different agenda. Because of the top down nature of Thai family structure, your woman will not be able to fight for you, and they will get what they want. These people will take your money, assets, soul and leave you holding the bag. Thai's simply do not see consequences and morality under the same light as a westerner, especially and American.

This website / forum is chaulk full of real life examples of sad and shocking results of a Thai - Falang wedding. Be careful.. I recommend you stick with you own kind and avoid living a life as the 2nd fiddle.

  • Like 2
Posted

Good luck; but beware of the long con; appreciate the power that Thai parents have over their daughters; never be worth more dead than alive; and do not shoot the messenger.smile.png

Had to be a shit the first response.

OP. Your experience is not unique, or unappreciated. My wife, too, is a teacher and is interested in me as a partner, not a provider. Despite what some morons say, there are LOTS of women exactly like this.

Anyway.....

I'm an American. You will need a will in both English and Thai. The best way to go is get a notarized English version, then have it translated and officially stamped. You will also want to stipulate which one is to be followed if any ambiguities between the 2 should arise.

All pretty easy stuff.

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.

That's not necessarily true.

My wife and I were married last year at the Bangrak amphur in BKK, which is one of the most common amphurs for mixed marriages. And no one there wanted to see my past divorce papers from the U.S.

What they do want to see, if the U.S. spouse has been previously divorced, is the second affidavit on that subject that needs to be certified by the U.S. Consulate and then translated and then that translation certified by the Thai Ministry of Foreign Affairs. That's in addition to the first "freedom to marry" affidavit required of all marriage applicants, whether or not they've had a prior divorce.

There have been some reports here of SOME amphurs asking to see actual U.S. or other foreign country divorce papers. But I have no sense that that's the prevailing practice among the Thai amphurs in certifying mixed marriages.

Like so many others things in Thailand, official practices do vary from place to place. And, it seems, some amphur offices are less cooperative than others in handling mixed marriages, and express that by piling on additional requirements like bringing witnesses or having an official translator or demanding additional documents.

One good thing to understand is that a couple can register their marriage at any Thai amphur, regardless of where the Thai woman has her tabien baht/official residence. So if the amphur you intend to visit is hassling you for additional/burdensome requirements, best to just check with a different amphur. And based on recent reports, Bangrak in BKK continues to be a cooperative place for mixed marriages.

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 know several Thais who have gone to the US recently. Two former doctoral program classmates of mine for work; one family of four for vacation; and one lady for marriage. A financially independent Thai has little problem; of course, proof of finances, definite purpose in the US, and reason to return to Thailand may be necessary.

Posted (edited)

As for other topics here:

WILLS: The vast majority of legal advice I've seen and read on the point advises for having separate wills, one for your U.S. property/assets, and the other for your Thai property/assets. It's not hard or complicated to specify in each document that it pertains to assets in that country.

Also, there are differing requirements in different places for how to execute a proper/legally valid will, and that even varies from state to state in the U.S. So it's best to follow the applicable Thai rules for the Thai will, and then the applicable state rules for your U.S. residence location.

BTW, I certainly do agree about trying to keep as many as possible of your assets out of probate in the U.S., because of the expenses and delays involved. So designating beneficiaries and POD (Payable on Death) designations is a great way to go to keep things out of probate. But, unfortunately, there are some kinds of assets that aren't readily handled in that manner.

U.S. MARITAL ASSETS: There also are variations from state to state in terms of what is considered joint marital property in the event of a future divorce. Some states are community property states, where property/assets acquired post marriage is supposed to be divided equally. But other states have different rules. So if an American married to a Thai plans to relocate back to the U.S., best to be informed ahead of time of the applicable marital property laws in the state where you plan to reside.

POST-NUP AGREEMENTS: Back when I was previously married in the U.S., my wife and I at the time executed a post-nup agreement, and were assured by our respective attorneys that it was legally valid and binding. What was required, however, was that I also pay for my wife receive legal advice from an independent attorney (not my attorney) to advise her on the document prior to her deciding whether or not to sign the document. Obviously, that's to ensure that the wife is well-advised and clearly understand what is being agreed to.

Edited by TallGuyJohninBKK
Posted (edited)

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).

Agree that many people have no interest in immigrating to America, but non-existent welfare system??? are you kidding? That's part of the reason I left!

Edited by mpyre
  • Like 1
Posted

Accept what you can... the procedures are there... if you run into trouble.. fix the best you can... Also it is what she does for you as well.. coffee1.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.

From your moniker, I assume you are either a lawyer or a student of law - but this advice you give is for the birds - too many other factors can effect property - Ex-wives, Step-children can all contest property without a Will - your current spouse is up a creek without a paddle. The 57% that do not have a will need their heads examined. Mi Dos Centavos whistling.gif

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).

File for a fiancée visa, America isn't the easiest place to get your wife into, but then again, if you are there? What can I say.....Personally I think it is Thailand that is your problem....

One whom has sponsored Thai people here, in America..... Thailand has a different scheme, and may just be in tow with America.... Just do some homework, sounds like you are not working too hard. Or at least please explain, MORE completely... Just a thought. Give us a little more background, you would be amazed how much, it can change things....

Never let the little head do all of your thinking..... cheesy.gifcheesy.gifcheesy.gifcheesy.gif

Posted (edited)

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.

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

If

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.

From your moniker, I assume you are either a lawyer or a student of law - but this advice you give is for the birds - too many other factors can effect property - Ex-wives, Step-children can all contest property without a Will - your current spouse is up a creek without a paddle. The 57% that do not have a will need their heads examined. Mi Dos Centavos whistling.gif

With all due respect (none, I think), your post is complete nonsense. Wills are instruments to express the intent of the testator/deceased person, which to the extent that they comply with legal requirements will be honored by the courts. Wills do not trump the law. If a will attempts to transfer property in contravention of rights to persons or classes of persons established under law, the probate court can and will nullify the will in whole or in part to give effect to the requirement of the law. In may states in the US, a spouse cannot exclude an existing wife from rights of inheritance at the time of death. Many states provide that a wife is entitled to a minimum of 30% (or more) of the deceased's estate. If a will otherwise valid attempts to convey the testator's property in contravention of the statutory requirement for a wife's entitlement, the court will nullify or revise the will as is necessary to satisfy the legal requirements. A will does not help to prevent or defeat claims of third parties. Generally, ex-wives and step-children not adopted by the deceased as a matter of law have no claim on or against a deceased person's estate, and if there is an existing wife, they will get nothing from the deceased's estate with or without a will. There may be exceptions if the ex-wife is receiving (or is entitled to receive) support from the deceased at the time of his death. The law, as a consequence of recent enactments, of Australia and New Zealand expressly provides for a legal right of step-children to property of a deceased step-parent if that step-child was being supported by the deceased person at the time of his/her death. I am not aware of any state that follows this rule, but there may be some.

What I said was that a will is not "needed" to convey property to a wife at the time of the death of the husband, especially in simple cases and, more importantly, if the intent of the deceased husband is consistent with the law/rules of intestate succession of the state in which the estate will be probated. Most states of which I am aware provide that if there is a wife living at the time of the death of the husband, she gets 100% of the husband's property, although some states, I believe, divide the husband's estate between the wife and his children from the present or any past marriage (or are otherwise his biological or adopted children). If there are children from a past marriage and the OP wants to provide for them as well as for his existing wife, he will in most/many states need (certainly, should have) a will, and he will not be able to leave less than the statutory minimum to his present wife even if he desires that the vast majority of his estate goes to his children, making a will will not allow him to do that. If there is no will, the property goes where the law of the state where the probate occurs says it goes -- if you don't like what the law says, you need a will, and you can change the designations to the extent that the law allows.

If there are no children involved, and it is a question of husband and wife only (even if there is an ex-spouse legally divorced from one of them), a simple "I love you" will should suffice in almost all cases. The general rule is that "a will that is valid in the state where it is signed is valid everywhere". But if it is signed outside the US, it is probably prudent to check the requirements for valid wills where the OP's property is located as that is the likely place for probate, and you can easily check on the internet and find the requirements for a will to be valid in that state -- the requirements really do not vary that much, and when in doubt use the requirement of the most stringent state. Some states do not allow holographic wills, so be sure that it is type written; all states require that it be signed at the end and dated (no surprise there, I hope); some states require 3 witnesses, so have three -- no big deal. All states require that the testator be of sound mind and understands what he is doing and is not under duress in making his will, and the will should so state, but this is always a fact that can be attacked by anyone that would have a legal claim on the estate of the deceased but for the existence of a will. In Thailand it is recommended that the testator get a doctor's certificate affirming his sound and capable mind in connection with the signing of the will. The witnesses serve this purpose in the US if they can be found. But claims of duress can nonetheless be made, and one should expect them if the size of the estate is significant.

It is best to have the will notarized at the US Embassy in Bangkok, and I expect that it will be accepted as valid and 'self proving" in any state.

My three cents..... Next...

Edited by Thailaw
  • 2 weeks later...
Posted

1. Make an appointment at the US embassy

2. Get the Affidavit of Eligibility to Marry document. $ 50

3. Go to the Ministry of Foreign Affairs . Be there by 7:30 at the latest, they only take so may people per day

4. Have a copy of your passport as it is required

5. Have the document translated into Thai at the small office on the second floor.

6. Then be prepared to wait for a long time.......

7. Take the document they give you, along with your new perspective wife, to any amphur office.

She will also need a copy of her Tabian Ban document. We went to Ban Rak ( City of love )

8. And last but not least, bring a whopping 40 baht to pay for the total cost of the marriage.

I am not kidding.....

I am headed to the states with my wife as well. Just finished filing the I-130 application.

Next up is the CR 1 application. The K3 application is no longer being used. Think the

whole process will take around 4 months, will know soon enough. I am waiting for my

Packet 3 paperwork to arrive from USCIS.

Posted

I think the affadavit is something you download and fill in to bring to the embassy. You do not sign it yet, that you do in front of the consular officer.

You do not need to be early at the Consular Department. Only if you want same day service do you need to be there on time (before 12:00) and they only help a certai number of applicants.

If you do not need same day service you just submit the documents and pay the fee. If you pay an extra 65 baht extra they will send it to your home within a week by EMS.

For those living in the North of Thailand. Chiang Mai also has a consular department where they certify documents and it is by no means as bussy as in Bangkok.

Posted

Too funny, the OP asks a question about inheritance and all posters want to do is vet the fiance's background.

Now there's a business idea!

Thai girl background checks incorporated!

Congratulations to the op!

  • 2 weeks later...
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).

The welfare system exists all right. More people on Govt assistance than ever.

It's just being funded with debt. Congress always figures they will be retired when the mirage lifts

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