American Father & Thai Son No Thai Passport - Best plan to stay.

[stuck]

My son was born in Thailand in 2007. His mother is Thai, I am American. I naturalized him USA when he was 3 months old. He has no Thai Passport but I do have all birth certificates (originals in Thai). We have been living in USA past 6 years. I would like to return with him to stay.

We would enter both of us with US Passports. Wife and I have been separated.

What would be required for me to stay as his father. I am listed on birth certificate and lawfully married in Thailand. Assuming I don't go the marriage visa route, or retirement visa, what do I need to do to stay just supporting a Thai minor?

Also what do I need to do after entering the country as US citizens for him as he is Thai.

[paz]

You should get his Thai passport before you travel to Thailand. This is done submitting the paperwork on on of the three consulates or the embassy in DC. That will allow him to enter as Thai citizen. In order for you to have an extension of stay based on being the father, you should complete a divorce first, because Thai immigration give precedence to your marital status. Otherwise you can obtain an extension of stay if older than 50 as very often discussed.

[stuck]

You should get his Thai passport before you travel to Thailand. This is done submitting the paperwork on on of the three consulates or the embassy in DC. That will allow him to enter as Thai citizen. In order for you to have an extension of stay based on being the father, you should complete a divorce first, because Thai immigration give precedence to your marital status. Otherwise you can obtain an extension of stay if older than 50 as very often discussed.

I'm still married. They wouldn't know that unless I tell them.

If getting the Thai Passport is the answer, what is the process to get it while I'm here and she is in Thailand?

[paz]

You should get his Thai passport before you travel to Thailand. This is done submitting the paperwork on on of the three consulates or the embassy in DC. That will allow him to enter as Thai citizen. In order for you to have an extension of stay based on being the father, you should complete a divorce first, because Thai immigration give precedence to your marital status. Otherwise you can obtain an extension of stay if older than 50 as very often discussed.

I'm still married. They wouldn't know that unless I tell them.

If getting the Thai Passport is the answer, what is the process to get it while I'm here and she is in Thailand?

For an extension of stay based on marriage, the union must be legal and current. Meaning that your wife must be with you at the time you apply, you have to submit pictures, immigration can come to your place and take more, and interview neighbors. It seems to me that you don't qualify for that.

Your son should get his Thai passport independently from all that to avoid being penalized entering and staying in Thailand, that is, to have his natural rights recognized. This is done presenting his Thai birth certificate, plus parent's IDs and marriage certificate, to the Thai consulate, so they can issue him a passport. Once in Thailand with the birth certificate he is has to be added to an house register (maybe he already is) and once he is 7 he will obtain his Thai ID card.

Edited January 29, 2015 by paz

[ubonjoe]

For you to get your child's Thai passport your wife will have to sign a parental consent form.

See: http://www.thaiembassydc.org/?page_id=36

You should get a single or multiple entry non-o visa based upon your marriage or for being the parent of a That from the embassy or one of the 3 official consulate in person or by mail or in person at one of the honorary consulates.

As said you cannot apply for an extension of stay based upon being the parent of a Thai because your are still legally married. You also cannot apply for one based upon marriage because it is no longer a real marriage since your are no longer living together.

[stuck]

And don't forget, that I need a form signed by my wife for him to be issued a Thai passport. I've been getting the runaround from various embassies as to what they require. So what do they require?

http://www.thaiembassydc.org/?page_id=36

Is that it?

[Mario2008]

Your wife should get the form in Thailand from the passport office and sign it there, or maybe have it countersigned at the local amphur. Then she sends it to you (with singend copy of her ID-card) and you go to the Thai consulate to apply for the passport.

[ubonjoe]

She needs to sign a parental consent letter or form and have it notarized at an Amphoe.

Here is one from the London embassy website. http://supibee.thaiembassyuk.org.uk/forms/concentletter.pdf

Perhaps print it out and white out the embassy info scan it and send it to her by email.

Or this from the consulate in LA. Attorney and consent (For a passport for minors).

[stuck]

Thank you. The problem has been I don't get the same answer from the embassy. The embassy in DC wasn't helpful either.

[cardinalblue]

UbonJoe,

I think you are way off base with your remark "it's not a real marriage b/c they are not living together." You don't have to be physically together to have a real marriage whether here in LOS or any other country in the world.. Do you know how many westerners are still working in their home country but still supporting their Thai wife and family in Thailand? Many many and many and it's not a reflection that their marriage is illegitimate or on the rocks or a scam. They might make from one to multiple trips home during the year whatever their schedule allows. It's called making money to support the family. You might want to re-phrase your comment...

CB

[bangkokbanks]

Thought I would chime in here and hope to be of help. My two kids were raised in Thailand but are (were?) dual citizens. Two years back we got a divorce, and moved the kids back to the States. The kids passports, expired, so I went with the kids and all their paperwork, i.e., expired passports, Thai birth certificate and my divorce decree showing JOINT CUSTODY. The Thai Los Angeles consulate informed me that I needed a consent form signed and notarized by my ex-wife or she needed to apply to renew the kids birth certificates on her own. The father didn't have much authority with regard to their citizenship. I had the exact same experience renewing their U.S. passports too, the ex had to sign and notarize thereby giving consent. For me I was surprised in both cases considering I have joint custody. The consulate did tell me however that if my divorce papers showed - FULL - custody they would be able to grant the passports.

The kids want desperately to move back to Thailand, but they will have to wait until they are older because their mom is not cooperative in this case and may never be. It opens up questions in my mind that if they have Thai birth certificates, and expired Thai passports, I assume when they come of age, they may be able to apply on their own to renew their passports, and apply for a Thai ID. If anyone understands this situation please comment.

[ubonjoe]

UbonJoe,

I think you are way off base with your remark "it's not a real marriage b/c they are not living together." You don't have to be physically together to have a real marriage whether here in LOS or any other country in the world.. Do you know how many westerners are still working in their home country but still supporting their Thai wife and family in Thailand? Many many and many and it's not a reflection that their marriage is illegitimate or on the rocks or a scam. They might make from one to multiple trips home during the year whatever their schedule allows. It's called making money to support the family. You might want to re-phrase your comment...

CB

I was commenting solely on the OP's situation not on a general basis. You should not take things out of context.

I am fully aware that there are married couples that are not living together on a full time basis and still have a legitimate marriage. I have done that myself.

[stuck]

UbonJoe,

I think you are way off base with your remark "it's not a real marriage b/c they are not living together." You don't have to be physically together to have a real marriage whether here in LOS or any other country in the world.. Do you know how many westerners are still working in their home country but still supporting their Thai wife and family in Thailand? Many many and many and it's not a reflection that their marriage is illegitimate or on the rocks or a scam. They might make from one to multiple trips home during the year whatever their schedule allows. It's called making money to support the family. You might want to re-phrase your comment...

CB

I agree with you CB. I take care of her still and we have a child together. Child usually ends that discussion. My boy has a Thai birth certificate, my name is on there as father.

[paz]

I agree with you CB. I take care of her still and we have a child together. Child usually ends that discussion. My boy has a Thai birth certificate, my name is on there as father.

What Ubonjoe and I tried to convey here is just what is necessary to be done for immigration purposes. Of course each one of us is free to conduct his/her relationships as we please.

To obtain an 1-year extension of stay at immigration, the office wants to see tangible proof that the couple lives together, plus Bt 40,000 in a bank or bt 40,000 monthly income. If one travels away even for extended periods of time, that's OK, but they will still need that the marriage is proven "de iure and de facto"

Also, a 60 days extensions can be obtained without the above requirement, just the marriage certificate and the wife present at application. This if often combined with a multi-entry 'O' visa obtained from a consulate abroad to allow presence in country for up to 17 months before a new visa is needed.

[ubonjoe]

If you wife is willing to help with getting your child their passport she could go to a passport office here and ask about the consent letter and get it signed and stamped by them. List of passport offices here: http://www.consular.go.th/main/th/organize/21037-หน่วยบริการหนังสือเดินทาง.html

[Maestro]

Removed off-topic posts and the replies to them. This topic is neither about the legality of dual nationality nor whether the OP's child can be president.

[paz]

To obtain an 1-year extension of stay at immigration, the office wants to see tangible proof that the couple lives together, plus Bt 40,000 in a bank

Oh, I did it again. Bt 400,000.

[nithisa78]

UbonJoe,

I think you are way off base with your remark "it's not a real marriage b/c they are not living together." You don't have to be physically together to have a real marriage whether here in LOS or any other country in the world.. Do you know how many westerners are still working in their home country but still supporting their Thai wife and family in Thailand? Many many and many and it's not a reflection that their marriage is illegitimate or on the rocks or a scam. They might make from one to multiple trips home during the year whatever their schedule allows. It's called making money to support the family. You might want to re-phrase your comment...

CB

There is no statutory requirement to live together. The authorities can make an issue over anything they like. However, statutory law rules.

The powers that be rarely make it easy when there's a broken home involved. Things can be tough enough.

Best of luck, your child, you and the child's Mother.

Whatever it takes, just tell the truth. I'm very sorry this is happening, every day, every where. Lord, please mercy.

[nithisa78]

UbonJoe,

I think you are way off base with your remark "it's not a real marriage b/c they are not living together." You don't have to be physically together to have a real marriage whether here in LOS or any other country in the world.. Do you know how many westerners are still working in their home country but still supporting their Thai wife and family in Thailand? Many many and many and it's not a reflection that their marriage is illegitimate or on the rocks or a scam. They might make from one to multiple trips home during the year whatever their schedule allows. It's called making money to support the family. You might want to re-phrase your comment...

CB

I was commenting solely on the OP's situation not on a general basis. You should not take things out of context.

I am fully aware that there are married couples that are not living together on a full time basis and still have a legitimate marriage. I have done that myself.

Yes, haven't we all. I misundesrtood also. It was honest mistake.