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Do I need actual divorce papers from U.S.A. to marry Thai lady?


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Posted

If anyone has a similar experience or advice, can you please help me?? I am a retired American with retirement visa...I wish to marry my thai g/f....I have already gone to U.S. Embassy and finished filling out my Marriage Affadavit and having it stamped and paid the $50 fee...

I do not have a copy of my divorce papers(11 years ago)..So, what are my next steps??? I have been told that swearing that I can marry on marriage affadavit will suffice in lieu of not having the actual divorce papers, but I am not sure if that is good enough for the local Amphur Banglamung district)??? I understand I need everything translated in to thai and then I have to go to FMA and back to U.S. Embassy if I want to register our marriage in America??? Is this the right steps that is needed to comply with thai law???

Thanks in advance,

Barry

Posted

You can register in any District Office so if there is a problem one place there is no reason you can not do at another.

The embassy paperwork is what is required - but you then must have it translated into Thai and registered at MFA to make it a legal document (most have translation firm do). It is then that paperwork that you present to District Office for registration of marriage. Once done you are married in USA as well as here and there is no further requirement. In case of marriage proof needs you may want to have the actual marriage certificate translated into English and have that registered at MFA - you can then use that for any international marriage proof requirement (but in many cases just copy and translation would be all that is required).

Posted

Thanks much for your advice, so, in regards to my "marriage affidavit"..Are you saying that it just depends on the "district office" if they will need the actual divorce decree or will my "sworn statement" that I am able to marry a thai citizen good enough...????

Also, I do not need to go back to US Embassy after FMA, rather just translate and copy Marriage certificate back to English??...I want to be sure that she may get any Social Security benefits after I pass on, of course, I am not sure if she would be entitled to or how many years we would have to be married in order to qualfiy for that...

Thanks again for your help,

Barry

Posted

Paper from embassy is where some need divorce paperwork but US the proof is your signature under oath in front of Consular officer - so once translated/registered with MFA should allow marriage anywhere.

SS would not be available for wife unless they have lived in US for extended period AFAIK but you will find more information in the home country forum as has been discussed there.

If you need proof it would be translation of marriage certificate into English and registration at MFA that would make it legal - nothing to do with US Embassy.

Posted

Thanks much for your advice, so, in regards to my "marriage affidavit"..Are you saying that it just depends on the "district office" if they will need the actual divorce decree or will my "sworn statement" that I am able to marry a thai citizen good enough...????

Also, I do not need to go back to US Embassy after FMA, rather just translate and copy Marriage certificate back to English??...I want to be sure that she may get any Social Security benefits after I pass on, of course, I am not sure if she would be entitled to or how many years we would have to be married in order to qualfiy for that...

Thanks again for your help,

Barry

The marriage affidavit will be enough. In this order, you need to:

1. Get your marriage affidavit translated into Thai by a translation company.

2. Get the MFA to certify the translation. (Hint: Get the translation company to do this for you).

After this you are ready to go to the district office and get married.

Translation, MFA fee and courier by translation company in Bangkok costs approximately 1,900 baht.

Posted

WOW,,,Thanks for such quick responses.. This is really such a great website for all ex-pats.

I am glad that I don't need to somehow retrieve my "old" divorce papers...Since, it seems a unanimous vote that the the sworn and stamped "marriage affidavit will be enough to satisfy the thai authorities and that it really is not necessary to go back and register with the US Embassy, I am a lot more at ease about the whole process.....

Thanks to you all,

Barry

Posted

Hahahaha...good one, you are right, but I am older and wiser and think I have found a "really good thai lady" for me....so I am more sabai with her than anyone in my life>>>>>>>>>>>>

Posted

WOW,,,Thanks for such quick responses.. This is really such a great website for all ex-pats.

I am glad that I don't need to somehow retrieve my "old" divorce papers...Since, it seems a unanimous vote that the the sworn and stamped "marriage affidavit will be enough to satisfy the thai authorities and that it really is not necessary to go back and register with the US Embassy, I am a lot more at ease about the whole process.....

Thanks to you all,

Barry

Suggest you reread that inf. from the US Embassy the link to which I provided !

The divorce papers may indeed be required.

Posted
I have already gone to U.S. Embassy and finished filling out my Marriage Affadavit and having it stamped and paid the $50 fee.

He has it - done deal.

For that part.

But Embassy says following:

If either you or your fiance have been previously married the Amphur will want to see proof that prior marriages have been terminated. Divorce or death certificates should suffice. These documents, if available, should be translated into Thai prior to presentation at the Amphur.
Posted

Did not run into that as Embassy form itself said was never married (as had never married). Looks like if it says otherwise extra paperwork would be required.

Posted

Been there, done that. I just had to swear at the U.S. embassy but papers not needed.

More importantly, my future FIL insisted on seeing the papers. He's no fool & didn't want some smooth talker scamming his daughter.

Posted

Thanks much for your advice, so, in regards to my "marriage affidavit"..Are you saying that it just depends on the "district office" if they will need the actual divorce decree or will my "sworn statement" that I am able to marry a thai citizen good enough...????

Also, I do not need to go back to US Embassy after FMA, rather just translate and copy Marriage certificate back to English??...I want to be sure that she may get any Social Security benefits after I pass on, of course, I am not sure if she would be entitled to or how many years we would have to be married in order to qualfiy for that...

Thanks again for your help,

Barry

Barry

I am in the middle of doing the same thing. Keep in mind that the U.S. law changed in, I think, 1996, that for your wife to receive survivor's benefits from Social Security you and your wife have to live in the states for 5 years. This does not have to be continuous, but it has to add up to five years.

Posted

Thanks much for your advice, so, in regards to my "marriage affidavit"..Are you saying that it just depends on the "district office" if they will need the actual divorce decree or will my "sworn statement" that I am able to marry a thai citizen good enough...????

Also, I do not need to go back to US Embassy after FMA, rather just translate and copy Marriage certificate back to English??...I want to be sure that she may get any Social Security benefits after I pass on, of course, I am not sure if she would be entitled to or how many years we would have to be married in order to qualfiy for that...

Thanks again for your help,

Barry

The marriage affidavit will be enough. In this order, you need to:

1. Get your marriage affidavit translated into Thai by a translation company.

2. Get the MFA to certify the translation. (Hint: Get the translation company to do this for you).

After this you are ready to go to the district office and get married.

Translation, MFA fee and courier by translation company in Bangkok costs approximately 1,900 baht.

That's what I did earlier this year. I used a translation service opposite the British Embassy in the same building as Homeworks (Homepro?). The total cost was 2,100 baht but well worth the hassle of not having to go to the MFA. Most of the cost was for the certification by the MFA.

I put on the form that we would be getting married in Chonburi proivnce but we actually got married at the ampeur in Ban Chang (Rayong province). I believe some ampeur require a translator but one wasn't required in Ban Chang - only 2 witnesses.

Alan

Posted

Some will request you have a translator but it does not have to be official - anyone that can speak Thai/English is normally accepted (reason is any additional details entered into the ledger are legal part of the marriage contract and they want to be sure you understand what is being written down - actually for everyone's protection).

Posted

Some will request you have a translator but it does not have to be official - anyone that can speak Thai/English is normally accepted (reason is any additional details entered into the ledger are legal part of the marriage contract and they want to be sure you understand what is being written down - actually for everyone's protection).

Just a FIY. If you are going to the MFA in chanwatana your self then using Lak Si ampur for the marriage is very convenient, it's about 10 mins down the road, they do a lot of mixed marriages so understand the process very well, they have translators on staff. Other ampurs can be much more difficult.

We were finished in less than an hour and had time to go back to the MFA to get all the marriage documents translated into English and certified.

Everything was done in 1 day. Certified English to Thai, marriage, certified Thai to English.

FWIW I got my divorce papers translated and certified, and needed them, I don't remember where.

Posted

If either you or your fiance have been previously married the Amphur will want to see proof that prior marriages have been terminated. Divorce or death certificates should suffice. These documents, if available, should be translated into Thai prior to presentation at the Amphur......

Yes, that is the tricky part...It just says "these documents, if available"...Well, in many cases,it is not so easily available, especially if you were divorced a long time ago,but according to some answers on the board,the "marriage affidavit" in which you are swearing to the fact that you are divorced(in my case)is enough...

In any event, I was in touch with my ex-wife and she will e-mail me her copy of the divorce decree,so, if I do have a problem, I will have this document as back up...

By the way,MFA stands for Ministry of Foreign Affairs!!

Posted

Best of everything. Get more than one English translation. Your Mrs. wouldn't be eligible for your SS until she is 62. Or earns her own quarters and God forbid became disabled.

Posted

Thanks Nithisa,

I really have no plans to return to the USA on a permanent basis...I was just asking,,just in case,,I am forced to return because of health reasons, to take advantage of my Medicare benefits,but I understand she would not be entitled to any benefits unless we lived in USA for 5 years, I think?? Anyways, my health is fairly good and I plan on staying in Thailand as long as possible...I love it!!!!

Posted

At ease? You have been divorced so you should know enough not to be too at ease.rolleyes.gif

I can't understand the "need"to get married as it is a thing you must do.You have options.

Posted

What's not to understand???? We are not youngsters and we love each other very much...Of course there are options and there is no"need" to marry..We WANT to marry....Perhaps, you just don't believe in that or maybe you've had bad experiences???

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