thesyndicate Posted July 30, 2015 Share Posted July 30, 2015 (edited) Hello, I will probably not get a straight answer i could not even get one from immigration when I asked them. I am applying for a visa to take care of my child transferring my marriage visa. 1. I Thai law when am i divorced? The day of the court? The day that the Thai court rule (normally a month or 45 days after) The day the court sends me the document and I sign for them? 2. I read some other threads that when my divorced is up I am no longer entailed to my extension of stay but how many days will i have to change from married to child? and from what day? 3. If I do not have the documents in hand can i convert this to a 60 days see my family visa and leave the country and do the new O visa abroad and come back for an extension. Thank you Edited July 30, 2015 by thesyndicate Link to comment Share on other sites More sharing options...
ubonjoe Posted July 30, 2015 Share Posted July 30, 2015 Moved to the visa forum. 1 Link to comment Share on other sites More sharing options...
thesyndicate Posted July 30, 2015 Author Share Posted July 30, 2015 Thanks I was not sure. Link to comment Share on other sites More sharing options...
ubonjoe Posted July 30, 2015 Share Posted July 30, 2015 There is no "law" for it. Only clause 2.18 of the police order. If you no longer qualify for the extension it will end. 1. When the Amphoe issues the divorce certificate based upon the courts order. The court only gets involved if the divorce is contested. 2. Your extension ends on the date the divorce is finalized. There is are no days allowed to cancel the extension. But immigration will not know until you tell them but they will go by the date on divorce certificate. You would have to apply for the extension based upon being the parent of a Thai on the date of divorce. 3. You could apply for a 60 day extension to visit you child on the date your extension based upon marriage is cancelled due to being divorced. You could then apply for the one year extension before the end of the 60 days. You would not have to go out for a new non-o visa. Link to comment Share on other sites More sharing options...
thesyndicate Posted July 30, 2015 Author Share Posted July 30, 2015 (edited) Ok the court date already passed but the court not sent me the document yet so i can not go to the immigration and ask for the visa extension of the child. So i am "overstaying" now? Should I go to the amphur and do the divorce documents first and then go to immigration? I guess going to get the 60 days extension is a good idea based on my child is that also O? That leads me to another questions, the divorce is not done until i go to the amphur correct? So if i am going to amphur and immigration same day it should be ok? Edited July 30, 2015 by thesyndicate Link to comment Share on other sites More sharing options...
ubonjoe Posted July 30, 2015 Share Posted July 30, 2015 The divorce is not finalized until it is done by the Amphoe. The court just issue an order that the Amphoe will follow. No overstay until the Amphoe does its part. As soon has you have the divorce certificate in hand you go to immigration. The 60 day extension of stay is still the same entry you got from a non-o visa that you have already extended. Link to comment Share on other sites More sharing options...
thesyndicate Posted July 30, 2015 Author Share Posted July 30, 2015 ok in the court order is says I have to go within 15 days after the court order meaning 15 days from the court judgment so thats end of next week so I will still be fine. I will be able to get all the document by then. Link to comment Share on other sites More sharing options...
thesyndicate Posted July 30, 2015 Author Share Posted July 30, 2015 What happens if my ex wife goes to the amphur before me and not tell me? That complicates things since I am not know I am divorced. Link to comment Share on other sites More sharing options...
casualbiker Posted July 30, 2015 Share Posted July 30, 2015 Go to the Amphur first!!! Link to comment Share on other sites More sharing options...
ubonjoe Posted July 30, 2015 Share Posted July 30, 2015 You both will have to sign the paperwork at the Amphoe before the divorce is finalized. I think they will want both of you there at the same time to do it. Link to comment Share on other sites More sharing options...
whatproblem Posted July 30, 2015 Share Posted July 30, 2015 I applied for my visa to take care my son before I was devorced,I told them she had gone away Link to comment Share on other sites More sharing options...
thesyndicate Posted July 30, 2015 Author Share Posted July 30, 2015 But if she have the court document she can legally do it without me I think. She only need me if she do not have the legal documetns with the documents from the court she can go without me. Link to comment Share on other sites More sharing options...
sammygood Posted July 30, 2015 Share Posted July 30, 2015 could you in theory : say nothing to immigration, stay till limit of visa & than contact those nice : thai elite visa people and send them some funds to stay another 5 years? Link to comment Share on other sites More sharing options...
thesyndicate Posted July 30, 2015 Author Share Posted July 30, 2015 You could probably stay your O visa out and then without telling them if they wife not tell, my friends done it even if the wife not stay in the country anymore. Link to comment Share on other sites More sharing options...
amerasianex Posted July 30, 2015 Share Posted July 30, 2015 The first thing you do is go to the zlAmpors office to see if your even legally married....lol...I was with my wife 15 years never registered. In Thailand. Link to comment Share on other sites More sharing options...
MaeJoMTB Posted July 30, 2015 Share Posted July 30, 2015 (edited) so far all answers have been wrong your visa extension ends the day your marriage is no longer 'de facto' so when either of you decides its over court and divorce not relevant if she informs on you to immigration, youre out in 7 days if you have a VISA (not visa extension) its valid until the end date marked on it you dont seem to know that VISA and VISA extensions are different Edited July 30, 2015 by MaeJoMTB Link to comment Share on other sites More sharing options...
thesyndicate Posted July 30, 2015 Author Share Posted July 30, 2015 'de facto' ? Yes I know extension and visa is not the same. I had visa and now i have visa extention, you mean when my wife no longer stay with me the extension is over right? Link to comment Share on other sites More sharing options...
MaeJoMTB Posted July 30, 2015 Share Posted July 30, 2015 'de facto' ? Yes I know extension and visa is not the same. I had visa and now i have visa extention, you mean when my wife no longer stay with me the extension is over right? yep, your extension ended the day she decided it was over all she needs to do is call immigration and tell them you have overstayed Link to comment Share on other sites More sharing options...
thesyndicate Posted July 30, 2015 Author Share Posted July 30, 2015 I got so many advice on that I even asked the immigration and they looked at me and said why dont you do your visa finished and come back. The immigration hardly lift a finger when you not pay them. I am not sure you are correct I guess since I was still supporting her. There is no clear answers as usual. Link to comment Share on other sites More sharing options...
casualbiker Posted July 30, 2015 Share Posted July 30, 2015 so far all answers have been wrong your visa extension ends the day your marriage is no longer 'de facto' so when either of you decides its over court and divorce not relevant if she informs on you to immigration, youre out in 7 days if you have a VISA (not visa extension) its valid until the end date marked on it you dont seem to know that VISA and VISA extensions are different What immigration law is that then? Link to comment Share on other sites More sharing options...
Farma Posted July 30, 2015 Share Posted July 30, 2015 You both will have to sign the paperwork at the Amphoe before the divorce is finalized. I think they will want both of you there at the same time to do it. Sorry ubonjoe the information I highlighted is incorrect. The umphur issues the divorce on production of the court papers by either party. On the Khor Ror 6 Registration of Divorce document in block 5 Signature of Applicants the umphur writes "verdict in lieu of consent" where the absent party would normally sign. The divorce is given a registration number, a Khor Ror 7 Certificate of Divorce and Khor Ror 6 issued. The divorce is affective from the date the court order is presented to the umphur. An addendum on the rear of the Khor Ror 6 lists the details of the court verdict and once again "Verdict in Lieu of consent" is typed where the absent party would normally sign. Link to comment Share on other sites More sharing options...
MaeJoMTB Posted July 30, 2015 Share Posted July 30, 2015 (edited) so far all answers have been wrong your visa extension ends the day your marriage is no longer 'de facto' so when either of you decides its over court and divorce not relevant if she informs on you to immigration, youre out in 7 days if you have a VISA (not visa extension) its valid until the end date marked on it you dont seem to know that VISA and VISA extensions are different What immigration law is that then? its in the terms and conditions section of the marriage extensions conditions, (3) "Police order 777/2551 2.18 In the case of a family member of a Thai(applicable only to parents, spouse, child, adopted child or child of his/her spouse): Permission will be granted for a period of not more than 1 year at a time. (1) The alien has obtained a temporary visa (NON-IM) (2) Proof of family relationship (3) In the case of a spouse, the marital relationship shall be dejure (legitimate) and de facto;" Edited July 30, 2015 by MaeJoMTB Link to comment Share on other sites More sharing options...
casualbiker Posted July 30, 2015 Share Posted July 30, 2015 so far all answers have been wrong your visa extension ends the day your marriage is no longer 'de facto' so when either of you decides its over court and divorce not relevant if she informs on you to immigration, youre out in 7 days if you have a VISA (not visa extension) its valid until the end date marked on it you dont seem to know that VISA and VISA extensions are different What immigration law is that then?its in the terms and conditions section of the marriage extensions conditions, (3)"Police order 777/2551 2.18 In the case of a family member of a Thai(applicable only to parents, spouse, child, adopted child or child of his/her spouse): Permission will be granted for a period of not more than 1 year at a time. (1) The alien has obtained a temporary visa (NON-IM) (2) Proof of family relationship (3) In the case of a spouse, the marital relationship shall be dejure (legitimate) and de facto;" Ok. So if LEGALLY married its legitimate until final divorce. It means no Buddha weddings accepted! Link to comment Share on other sites More sharing options...
Popular Post ubonjoe Posted July 31, 2015 Popular Post Share Posted July 31, 2015 so far all answers have been wrong your visa extension ends the day your marriage is no longer 'de facto' so when either of you decides its over court and divorce not relevant if she informs on you to immigration, youre out in 7 days if you have a VISA (not visa extension) its valid until the end date marked on it you dont seem to know that VISA and VISA extensions are different You are not totally correct. What you wrote is only relevant on the date of application and approval. The divorce is the only thing that is truly relevant.to immigration. Do you really think that immigration would cancel an extension based upon a verbal accusation by a angry wife. They cannot cancel an extension on a whim. They have to have proven evidence based upon an investigation by them. There is never any 7 days given in any case. 3 Link to comment Share on other sites More sharing options...
Jonathon Posted July 31, 2015 Share Posted July 31, 2015 You both will have to sign the paperwork at the Amphoe before the divorce is finalized. I think they will want both of you there at the same time to do it. If the divorce is based on a court order then it is not necessary for both of you to attend. You can present the court documents and will be given your own copy of the divorce certificate. They will retain your ex wife's copy which she must collect in person. You will also need witnesses, two as I recall but best to check on that as it might vary from office to office.. Link to comment Share on other sites More sharing options...
elviajero Posted July 31, 2015 Share Posted July 31, 2015 so far all answers have been wrong your visa extension ends the day your marriage is no longer 'de facto' so when either of you decides its over court and divorce not relevant if she informs on you to immigration, youre out in 7 days if you have a VISA (not visa extension) its valid until the end date marked on it you dont seem to know that VISA and VISA extensions are different What immigration law is that then? its in the terms and conditions section of the marriage extensions conditions, (3) "Police order 777/2551 2.18 In the case of a family member of a Thai(applicable only to parents, spouse, child, adopted child or child of his/her spouse): Permission will be granted for a period of not more than 1 year at a time. (1) The alien has obtained a temporary visa (NON-IM) (2) Proof of family relationship (3) In the case of a spouse, the marital relationship shall be dejure (legitimate) and de facto;" You are quoting the criteria for applying for an extension. At the time of extension the marriage must be legal and real. In other words not a marriage of convenience. The extension was granted on the basis of being married so it only becomes void on the date of the divorce. Link to comment Share on other sites More sharing options...
thesyndicate Posted July 31, 2015 Author Share Posted July 31, 2015 (edited) So if my wife take the court document to amphur and divorce me but I have not get the document from the amphur I am still not divorced? I have to go to the amphur and sign as well and only then am I divorced? It is pretty messy since you need divorce documents for get a new visa and only then will they grant you a new visa based on child. So I believe a few days to collect document must be in place,. but sure apply for the 60 days is better option to be sure. We do not have to talk about the what is the wife and not wife and that the immigration will come and get you if you have a Mistress or sleep in different beds. Edited July 31, 2015 by thesyndicate Link to comment Share on other sites More sharing options...
Farma Posted July 31, 2015 Share Posted July 31, 2015 (edited) Have you spoken with your lawyer and asked what happens next? I was the one who filed for a divorce in my case. It took about 2 or more weeks after the final court hearing before the court verdict was ready for collection from the court. As soon as the court released the document my lawyer collected it and accompanied me to the Umphur. The divorce procedure at the umphur was similar to getting married and only took an hour. The umphur issued the divorce registration number, Registration of Divorce document (Khor Ror 6) and the Certificate of Divorce (Khor Ror 7) dated the same day. We were divorced from that date. It doesn't matter if only 1 person files the court verdict at the umphur. The divorce registration number using the court verdict as authority ends the marriage for both parties on that date. The umphur retained my ex wifes Divorce certificate and Khor Ror 7 until she eventually showed up to collect her copy months after we were divorced. (Her lawyer had failed to notify her of the divorce) Edited July 31, 2015 by Farma Link to comment Share on other sites More sharing options...
thesyndicate Posted July 31, 2015 Author Share Posted July 31, 2015 So I need to check with the amphur when we are divorced, if she done it or not? If she done it all i need to do is to get a copy from any amphur. Link to comment Share on other sites More sharing options...
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