Divorce Thai wife BEFORE she has been approved for k-1 visa

[niceguy4sure]

First let me say I live in Memphis TN in United states.

I have been married to my thai wife now for almost two years. I was really taking my time applying for the k-1 visa because I wanted to make sure everything was going to work. I send her 20,000 baht per month for her living expenses. I travel to see her 1-2 times per year. anyway we are not getting along and I think I want to get a divorce. I'm right in the middle of the k-1 visa process so it will be pretty easy to get immigration to refuse the k-1 visa but I was wondering about the divorce part of things and could my wife come after me financially in the USA?

[BritTim]

Anyone can try to come after you legally in the US. The visa situation is irrelevant. If you did not have a prenuptial agreement, the results of any litigation would be unpredictable.With only two years of marriage, and presumably no kids, I would hope any settlement would not be too painful. Only a divorce lawyer in your state could give you a better idea. However, unless you wife has significant financial resources of her own, you may be worrying unnecessarily. It costs money to litigate in the US.

[jacksam]

Geez, " taking your time with the K-1 to make sure everything "was going to work" ...?

Don't worry youself , your home free. Also you get to save the whopping $560usd you send her every month. I'm thinking she got off lucky.

You come on TV asking for advice about protecting your hard earned. Spend a few bucks in USA with a divorce lawyer to reassure youself. Then sleep cosy

Edited June 13, 2016 by jacksam

[PoorSucker]

Moved to non Thailand visa application section.

[namatjira]

Let me see.....20,000 a month for 2 years......that's only 480,000 baht.

I think you have paid enough already.......

[Thanyaburi Mac]

Don't quite understand.

A K-1 visa is for a Fiancee, not a Wife.

Are you officially married to her in Thailand, at an amphur?

Mac

[catman20]

I hope so, fools rush in where angels fear to tread

[TallGuyJohninBKK]

Don't quite understand.

A K-1 visa is for a Fiancee, not a Wife.

Are you officially married to her in Thailand, at an amphur?

Mac

Mac is correctly pointing out, village wedding ceremonies have no legal meaning, in Thailand, the U.S. or elsewhere.

Only an amphur-executed wedding with all the attendant paperwork and issuance of a Thai marriage certificate is a legally valid marriage in the U.S. and anywhere else.

If the OP only did a village wedding and not amphur, then he's not legally married and has no obligations related to that. But it does sound like the K-1, if that's what it is, needs to be withdrawn.

On the other hand, there is the K-3 non-immigrant visa for foreign spouses who get married outside the U.S. and then apply in that country for permission to come to the U.S.

Edited June 14, 2016 by TallGuyJohninBKK

[mihalis]

Why would you marry someone, who as u stated, not sure if its going to work.... Strange as..

[elgordo38]

Let me see.....20,000 a month for 2 years......that's only 480,000 baht.

I think you have paid enough already.......

I agree you have paid enough. I think the duration of the marriage has been very short and she would get very little if anything. A marriage certificate from another country I think would be hard to enforce in a US court. By the time she comes and pays a lawyer she would not get much if anything. I am thrice divorced.

[tomwct]

Contact the State Department and cancel your Visa Application. She cannot get any money from you in the states. Any accounts in Thailand she owns 50%!

When you return to Thailand you can get a divorce, if she agrees for 50 baht! If she doesn't forget about the Thai Marriage and never return to Thailand.

[TallGuyJohninBKK]

That's not correct regarding Thailand bank accounts in the case of a divorce.

Under Thai family law, each party in the event of a divorce is basically entitled to keep the assets they owned individually prior to marriage.

So if the OP had 100,000 baht in a Thai bank account on the day before he got married, assuming he did get legally married, that's his sole asset in the event of a divorce. Same for the Thai wife, any assets she had prior to the marriage remain hers post-divorce.

It's only the assets acquired DURING marriage that basically become community property under Thai family law.

[Khon Kaen Dave]

You send her 20,000 a month and only see her once /twice a year. I think you must be very naive to think that your 20k is for living expenses alone.I would think that a good few Thai guys and even a few ferang have raised a glass or two to you.I think you should pull down the shutters on this one and search anew.I hear there are a lot of clean,honest,loyal,and truthful girls on soi 6 looking for one such as your self.

Saints preserve us.

[TallGuyJohninBKK]

In terms of U.S. courts, while it may be technically possible, I would say in practical terms it's beyond the ability of most Thais to commence legal action in the U.S. while remaining in Thailand (and presumably unable to travel to the U.S. on their own).

Once the the Thai wife is living/has moved to the U.S., then it's an entirely different matter. But as long as she's living/staying in Thailand, it's probably too high a hill to climb. For one thing, as a general rule, a person needs to have legal standing to file a civil action in a particular state court. And, someone who's never been to the U.S. and doesn't reside in that jurisdiction probably would have a hard time claiming legal standing. if that doesn't preclude her, then probably the costs involved in finding and retaining a U.S. attorney would serve the same function.

I'm not an attorney, but I think the general legal flavor of things described above is pretty much correct.

[ozyjon]

Why are you divorcing her,

you left out the best bits.

[ALFREDO]

You send her 20,000 a month and only see her once /twice a year. I think you must be very naive to think that your 20k is for living expenses alone.I would think that a good few Thai guys and even a few ferang have raised a glass or two to you.I think you should pull down the shutters on this one and search anew.I hear there are a lot of clean,honest,loyal,and truthful girls on soi 6 looking for one such as your self.

Saints preserve us.

"naive to think that your 20k is for living expenses alone"

20.000 keep me not afloat for a month in Isaan, with living expenses, by far not!!!

Alone the Groceries cost me more.

Maybe I eat to much Falang style food and be to good to my sons with Snacks and day by day providing for some cats and dogs.

[niceguy4sure]

You send her 20,000 a month and only see her once /twice a year. I think you must be very naive to think that your 20k is for living expenses alone.I would think that a good few Thai guys and even a few ferang have raised a glass or two to you.I think you should pull down the shutters on this one and search anew.I hear there are a lot of clean,honest,loyal,and truthful girls on soi 6 looking for one such as your self.

Saints preserve us.

I send her 20,000 BAHT which is roughly $500 U.S per month not 20k U.S

[niceguy4sure]

Why would you marry someone, who as u stated, not sure if its going to work.... Strange as..

Relationships are a crap shoot! A person can represent themselves one way and then over time you see the real person and understand that you might not be compatible in the long run. I purposely took my time to start the Visa process to buy that time just in case cracks started to show ( which they have) so I'm going to pull the plug on the marriage but wanted to know if she could come after me in U.S?

[niceguy4sure]

Let me see.....20,000 a month for 2 years......that's only 480,000 baht.

I think you have paid enough already.......

I agree you have paid enough. I think the duration of the marriage has been very short and she would get very little if anything. A marriage certificate from another country I think would be hard to enforce in a US court. By the time she comes and pays a lawyer she would not get much if anything. I am thrice divorced.

Thank you for your honest response...it has been the most helpful so far and confirmed what I was also thinking.

[steelepulse]

niceguyforsure, you have omitted the most important part of the questions coming your way. Do you have a legally recognized marriage, or is it the village wedding with no legal legs?

[niceguy4sure]

niceguyforsure, you have omitted the most important part of the questions coming your way. Do you have a legally recognized marriage, or is it the village wedding with no legal legs?

I have a legal marriage. We married in thailand at the local amphur office where we received marriage license.

[Straight8]

Why would you marry someone, who as u stated, not sure if its going to work.... Strange as..

Chance are [high] he had no choice.

Amazing what a bit a vag pressure can do

[watcharacters]

You send her 20,000 a month and only see her once /twice a year. I think you must be very naive to think that your 20k is for living expenses alone.I would think that a good few Thai guys and even a few ferang have raised a glass or two to you.I think you should pull down the shutters on this one and search anew.I hear there are a lot of clean,honest,loyal,and truthful girls on soi 6 looking for one such as your self.

Saints preserve us.

I realize even Bill Gates might say enough would be just a little bit more, but do you really think a person lives lavishly on 20,000 THB a month?

[Hedghog]

Just stop sending money.

Wait for the reaction.

Surely you didn't expect the marriage to work when you only hook up twice a year at best

[twizzian]

Not surprised your not getting along as you say you only visit her 1-2 times per year..

[ableguy]

You send her 20,000 a month and only see her once /twice a year. I think you must be very naive to think that your 20k is for living expenses alone.I would think that a good few Thai guys and even a few ferang have raised a glass or two to you.I think you should pull down the shutters on this one and search anew.I hear there are a lot of clean,honest,loyal,and truthful girls on soi 6 looking for one such as your self.

Saints preserve us.

I realize even Bill Gates might say enough would be just a little bit more, but do you really think a person lives lavishly on 20,000 THB a month?

In issan it's a fortune.