Cam2011 Posted July 14, 2016 Share Posted July 14, 2016 Hi to all!!! I appreciate all the comments and reply... I was wondering if there's any changes how to renew a visa in Thailand for American Citizens kids living with their Thai Mom in Thailand??? They are 10 and 8 years old this year. Their mom seems waiting for the immigration to tell her where to go with the kids to stay then back to Thailand to get a new visa??? Link to comment Share on other sites More sharing options...
Cam2011 Posted July 14, 2016 Author Share Posted July 14, 2016 (edited) The kids are American citizens and not born in Thailand, their mom is Thai. Edited July 14, 2016 by Cam2011 Link to comment Share on other sites More sharing options...
Eclipse Posted July 14, 2016 Share Posted July 14, 2016 The kids are also Thai citizens 1 Link to comment Share on other sites More sharing options...
Cam2011 Posted July 14, 2016 Author Share Posted July 14, 2016 No they are not a Thai citizen. Link to comment Share on other sites More sharing options...
pontious Posted July 14, 2016 Share Posted July 14, 2016 (edited) If the mother is Thai they can get Thai Passports. Look at the Thai MFA website for requirements.... Edited July 14, 2016 by pontious Link to comment Share on other sites More sharing options...
Bir Omar Faruk Posted July 14, 2016 Share Posted July 14, 2016 Would you please priovide more details, what papers are required, etc. Link to comment Share on other sites More sharing options...
Cam2011 Posted July 14, 2016 Author Share Posted July 14, 2016 No they can't apply Thai passports because when the kids born in the states the mom didn't report their birth certificate to the Thai consulate or embassy in the US. The father doesn't want the kids having a Thai passports too... Link to comment Share on other sites More sharing options...
pontious Posted July 14, 2016 Share Posted July 14, 2016 Would you please priovide more details, what papers are required, etc. Look at the Thai MFA website - it tells you what is required - It is in Thai and English. MFA - Ministry of Foreign Affairs Link to comment Share on other sites More sharing options...
pontious Posted July 14, 2016 Share Posted July 14, 2016 Children do not need visas - they do not get fined for overstay but why the father does not want them to get Thai passports baffles me. Up to him... 1 Link to comment Share on other sites More sharing options...
Cam2011 Posted July 14, 2016 Author Share Posted July 14, 2016 (edited) Children do not need visas - they do not get fined for overstay but why the father does not want them to get Thai passports baffles me. Up to him... Because the mom doesn't want to apply them a Thai passports that's why she doesn't want to report their birth certificate to the Thai consulate or embassy before when the kids are born... Edited July 14, 2016 by Cam2011 Link to comment Share on other sites More sharing options...
Cam2011 Posted July 14, 2016 Author Share Posted July 14, 2016 (edited) And... We already told to the Thai Mom that she don't need to keep on applying or renewing their visas, but she kind of stubborn. By the way this is my friend case I just want to help them out... We don't know if she was doing it so she can asked more money from my friend. The Thai Mom don't believe that there's no fine if the kids are overstay in Thailand. Edited July 14, 2016 by Cam2011 Link to comment Share on other sites More sharing options...
pontious Posted July 14, 2016 Share Posted July 14, 2016 Children do not need visas - they do not get fined for overstay but why the father does not want them to get Thai passports baffles me. Up to him... Because the mom doesn't want to apply them a Thai passports that's why she doesn't want to report their birth certificate to the Thai consulate or embassy before when the kids are born... Then at this point I give up. 2 Link to comment Share on other sites More sharing options...
Cam2011 Posted July 14, 2016 Author Share Posted July 14, 2016 (edited) Children do not need visas - they do not get fined for overstay but why the father does not want them to get Thai passports baffles me. Up to him...Because the mom doesn't want to apply them a Thai passports that's why she doesn't want to report their birth certificate to the Thai consulate or embassy before when the kids are born... Then at this point I give up. Right?! My friend is actually tired about it but because he really wants to have a good relationship with his kids he is doing his best to communicate with his ex wife. He talked to the lawyer too about it and the lawyer told him that he can only get a costudy of the kids if the kids is in the US. In their divorce also no child costudy, no child support mention... But my friend still sending CS as a father. Edited July 14, 2016 by Cam2011 Link to comment Share on other sites More sharing options...
Maestro Posted July 14, 2016 Share Posted July 14, 2016 ...Their mom seems waiting for the immigration to tell her where to go with the kids to stay then back to Thailand to get a new visa??? The mother should follow the advice of immigration. Link to comment Share on other sites More sharing options...
Cam2011 Posted July 14, 2016 Author Share Posted July 14, 2016 Yes I agree that their mom should follow the advice from the immigration, but since 2011 that they were in Thailand sounds like this year lots of changes. Or maybe the Thai Mom can't explain properly... Link to comment Share on other sites More sharing options...
Maestro Posted July 14, 2016 Share Posted July 14, 2016 The Penal Code says that children cannot be held liable for violations of the law until the age of 14 and for this reason immigration does not collect overstay fees from children until they are 15. However, on departure from Thailand a note of the overstay is taken in the passport. Theoretically, immigration could take the parents to court for the overstay (neglect of the child or something like that) but no such case has been heard of yet. Link to comment Share on other sites More sharing options...
Cam2011 Posted July 14, 2016 Author Share Posted July 14, 2016 The Penal Code says that children cannot be held liable for violations of the law until the age of 14 and for this reason immigration does not collect overstay fees from children until they are 15. However, on departure from Thailand a note of the overstay is taken in the passport. Theoretically, immigration could take the parents to court for the overstay (neglect of the child or something like that) but no such case has been heard of yet. Thank you. Link to comment Share on other sites More sharing options...
Cam2011 Posted July 14, 2016 Author Share Posted July 14, 2016 Another question, is there any possibilities that my friend can take his kids from Thailand? He asked a lawyer before but his lawyer told him that he can only file child costudy if the kids is in the US. In their divorce there's no child support, no visitation or anything mentioned about the kids. But my friend still sending money as a child support for his kids... Anyone here have any experience with Thai ex wife? Link to comment Share on other sites More sharing options...
Maestro Posted July 14, 2016 Share Posted July 14, 2016 Of course, the children can travel with him from Thailand to another country. All he needs is the mother's written consent and the children's passports. Link to comment Share on other sites More sharing options...
Cam2011 Posted July 14, 2016 Author Share Posted July 14, 2016 Of course, the children can travel with him from Thailand to another country. All he needs is the mother's written consent and the children's passports. Thank you for the response. But what if the ex wife won't let the kids to be with their father? Does US embassy in Thailand can help my friend or does he need to hire a lawyer in Thailand? Link to comment Share on other sites More sharing options...
ubonjoe Posted July 15, 2016 Share Posted July 15, 2016 I assume their US birth certificates shows her as their mother. If she has their birth certificates the children can get one year extensions at immigration as returning Thai nationals. All she needs to show is her ID card and house book registry along with the birth certificates for them to apply for the extensions. Link to comment Share on other sites More sharing options...
Thanyaburi Mac Posted July 15, 2016 Share Posted July 15, 2016 Here's some points on what the US can and cannot do in your situation: https://travel.state.gov/content/childabduction/en/from.html Note, if your divorce degree had no judgement re custody, this probably won't apply, and the U.S. Embassy in Bangkok won't get invovled. Mac Link to comment Share on other sites More sharing options...
liverpool fc Posted July 15, 2016 Share Posted July 15, 2016 If they us passports and birth certificate just take them out of Thailand back to us, mum can't do anything as no record of them being Thai ie passport birth certificate Link to comment Share on other sites More sharing options...
ubonjoe Posted July 15, 2016 Share Posted July 15, 2016 If they us passports and birth certificate just take them out of Thailand back to us, mum can't do anything as no record of them being Thai ie passport birth certificate In this day and age he might not be allowed to travel with them without written permission from their mother. There is a big concern about human trafficking now. Their nationality would not matter. 1 Link to comment Share on other sites More sharing options...
HasipHasip5 Posted July 15, 2016 Share Posted July 15, 2016 No they can't apply Thai passports because when the kids born in the states the mom didn't report their birth certificate to the Thai consulate or embassy in the US. The father doesn't want the kids having a Thai passports too... They most certainlay can become Thai citizens. It doesn't matter at what age they claim their citizenship either. Get official copies (with raised stamps) of their American birth certificate and have it translated into Thai. You will need copies of the parents marriage certificate translated into Thai as well. Plus, some other documents. The local Amphoe can tell you what you need. Some will require more documents and some less. I was born in the US and claimed my Thai citizenship when i was 35. Link to comment Share on other sites More sharing options...
billd766 Posted July 15, 2016 Share Posted July 15, 2016 (edited) No they are not a Thai citizen. AFAIR if the Mother is Thai (it could be if either parent is Thai) then the children automatically become Thai citizens and are entitled to a Thai ID card and a Thai passport. To get Thai nationality they have to be registered as Thai but where that is done I have no idea unless it is done through the Thai Embassy/Consulates in the USA. If you are an American and have registered the as USA citizens then they have dual nationality. My neighbour has two daughters and they are both dual nationality despite living in Thailand. One is 27 and the other 25. Sadly their father died in 1993 and their mother never remarried. Edited July 15, 2016 by billd766 Link to comment Share on other sites More sharing options...
ubonjoe Posted July 15, 2016 Share Posted July 15, 2016 IMO parents that do not register their children's birth at a Thai embassy or consulate to get a Thai birth certificate are negligent. The children should be allowed to have the choice later in life to easily get a passport, be registered in a house book and get a Thai ID card. Many have had to jump through a lot of hoops when they wanted proof of their Thai nationality because their parents failed to register their birth. Until they are registered here in a house book the government here will not even be aware they exist. Even getting a passport at an embassy or consulate does not officially register them as resident here. Link to comment Share on other sites More sharing options...
free123 Posted July 15, 2016 Share Posted July 15, 2016 just wondering if my thai wife (only village / family marriage not with government papers ) gets pregnant in Thailand can the kids get a europaen passport when i proove with dna that i am the father and would they be able to have a thai pp as well to receive schooling and live in Thailand ??? Link to comment Share on other sites More sharing options...
Cam2011 Posted July 15, 2016 Author Share Posted July 15, 2016 No they can't apply Thai passports because when the kids born in the states the mom didn't report their birth certificate to the Thai consulate or embassy in the US. The father doesn't want the kids having a Thai passports too...They most certainlay can become Thai citizens. It doesn't matter at what age they claim their citizenship either. Get official copies (with raised stamps) of their American birth certificate and have it translated into Thai. You will need copies of the parents marriage certificate translated into Thai as well. Plus, some other documents. The local Amphoe can tell you what you need. Some will require more documents and some less.I was born in the US and claimed my Thai citizenship when i was 35. Yes they know that they can claim to become Thai citizen when the kids can decided if they want to become Thai citizen... Anyone who have a parent that different nationalities, the kids on that marriage can apply to become dual citizenship when they can decided for themselves... Link to comment Share on other sites More sharing options...
Cam2011 Posted July 15, 2016 Author Share Posted July 15, 2016 Thanks to all response. What their main concern was if there's any changes how to renew or apply visa for the kids? Because this time sounds like there is changes the way the Thai ex wife telling to my friend, that's why my friend is wondering... The kids is in Thailand since 2011 with the mom, and since that no problem at all about visa it's just now. Link to comment Share on other sites More sharing options...
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