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Divorced with Thai spouse but we have 4 months old baby. What visa can I get to stay in Thailand?


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Hello.

I am an expat married to Thai husband and we have 4 months old baby who is Thai citizen by birth.

But we decided to get divorced and my marriage visa expires in coming June.

My baby still needs mother and father doesnt want to let me have custody so we need to talk to lawyer but I guess it will take time to settle down.

So before June, I need to apply new visa from marriage visa.

What kinda visa should I apply? I am currently not working but I have been supporting family by transferring money from account in my home country.

Thanks in advance.

 

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What do you have now?

 Do you a multiple entry non-o visa or an extension of stay based upon marriage obtained at immigration?

If you have a non-o visa it will remain valid until it expires. If an extension of stay it will end on the date you get divorced.

If you can get custody of your child you could get an extension based upon being the parent of a Thai. You would need 400k baht in a Thai bank or proof of 40k baht income.

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If your not divorced by June depending on how your relationship is with hubby. If you get his house book copied and him to sign it you could go over to Savanakhet and get another years non o based on marriage and get 17months out of it.. Then even if the circumstances with ex go down hill you can still stay for 15mths by doing 3 mthly border runs. Just a thought but not knowing your  circumstances it's just another thought.

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21 hours ago, Ynith said:

my marriage visa expires in coming June.

Do you have a visa from an embassy and do you have to exit the country every 90 days ... OR  ... did you get an extension of stay based on marriage from an immigrations office and you have report to an immigration office every 90 days?

 

Extensions end as soon as the reason for them ends, but visas remain valid until they expire. If you have an actual unexpired visa, you could do a border crossing before it expires and get a new 90 day permission to stay, which would give you some more time to sort things out.

 

 

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There is the 365-day extension of stay based on being the "Guardian of a Thai child".   The approval of your ex may be an issue though.  

This extension is very similar to that based on marriage   However, it does not require the 400k to be in the bank for two months before first applying for the extension.   I have used it a couple of time when getting 800k into the bank in time was a problem.

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Hi. Cannot help with type of visa but if you need a very good profesional high grade Thai lawyer i can recomend one. I am in Khon Kaen. She is a lady and does lot of work for government departments. Helped a lot of ex pats up here and other places.

She could help you fight your husband conditions. Contact me if you need her details. You can call or mail her with your problem and she will tell you your rights and get them for you. She is narried to an Australian PHD guy and they are close friends of ours.

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On 4/23/2017 at 1:39 PM, ubonjoe said:

What do you have now?

 Do you a multiple entry non-o visa or an extension of stay based upon marriage obtained at immigration?

If you have a non-o visa it will remain valid until it expires. If an extension of stay it will end on the date you get divorced.

If you can get custody of your child you could get an extension based upon being the parent of a Thai. You would need 400k baht in a Thai bank or proof of 40k baht income.

Thanks alot for your kind info. I guess I may have to go out of country and enter as tourist visa to extend stay at the end of May something so I will have more time to settle things down.

Thank you

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23 hours ago, jeab1980 said:

If your not divorced by June depending on how your relationship is with hubby. If you get his house book copied and him to sign it you could go over to Savanakhet and get another years non o based on marriage and get 17months out of it.. Then even if the circumstances with ex go down hill you can still stay for 15mths by doing 3 mthly border runs. Just a thought but not knowing your  circumstances it's just another thought.

Thanks alot! I will talk with him if he can cooperates my visa extension.

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4 hours ago, Suradit69 said:

Do you have a visa from an embassy and do you have to exit the country every 90 days ... OR  ... did you get an extension of stay based on marriage from an immigrations office and you have report to an immigration office every 90 days?

 

Extensions end as soon as the reason for them ends, but visas remain valid until they expire. If you have an actual unexpired visa, you could do a border crossing before it expires and get a new 90 day permission to stay, which would give you some more time to sort things out.

 

 

I used to extend my marriage visa every year at immigration.  But since it is ending in June, I could just go out of country and enter Thailand as tourist to get 90 days. Or like advised here, I coulsd talk to my ex if he can help to extend my marriage visa next month until we sort things out.

Many thanks!

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4 hours ago, MrMo said:

There is the 365-day extension of stay based on being the "Guardian of a Thai child".   The approval of your ex may be an issue though.  

This extension is very similar to that based on marriage   However, it does not require the 400k to be in the bank for two months before first applying for the extension.   I have used it a couple of time when getting 800k into the bank in time was a problem.

Thanks for the information!

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3 hours ago, shaurene said:

Hi. Cannot help with type of visa but if you need a very good profesional high grade Thai lawyer i can recomend one. I am in Khon Kaen. She is a lady and does lot of work for government departments. Helped a lot of ex pats up here and other places.

She could help you fight your husband conditions. Contact me if you need her details. You can call or mail her with your problem and she will tell you your rights and get them for you. She is narried to an Australian PHD guy and they are close friends of ours.

Thank you so much. I will let you know if I need her contact no.  Hope this divorcing process doesn't get complicated?

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19 minutes ago, Ynith said:

Thanks alot for your kind info. I guess I may have to go out of country and enter as tourist visa to extend stay at the end of May something so I will have more time to settle things down.

Thank you

You could get a multiple entry non-o visa based upon marriage in Savannakhet that would allow unlimited 90 day entries for a year from the date of issue without  financial proof. You would need your marriage certificate, signed copies of your husbands house book registry and ID card.

You could also get a 60 day extension at the end of your extension based upon being the parent of a Thai. You would need their birth certificate and a copy of their house book registry.

You could also get a single entry non-o visa based upon beinn the parent of a Thai. The with the 60 day extension of the 90 entry from would mean you could stay almost 5 months without needing another visa.

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Hello.
I am an expat married to Thai husband and we have 4 months old baby who is Thai citizen by birth.
But we decided to get divorced and my marriage visa expires in coming June.
My baby still needs mother and father doesnt want to let me have custody so we need to talk to lawyer but I guess it will take time to settle down.
So before June, I need to apply new visa from marriage visa.
What kinda visa should I apply? I am currently not working but I have been supporting family by transferring money from account in my home country.
Thanks in advance.
 

Tell him to get custody of the child, or otherwise no divorce

Sent from my SM-G930F using Tapatalk

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I suggest your immediate need is an experienced, honest lawyer with expertise in family law. (Note: immediate means sooner than yesterday).  While you are involved in ongoing legal disputes in Thai courts you are entitled to visa extensions until matters are resolved.  Unless your former partner has extraordinary contacts or influence (and based on your information that you're providing financial support to his family suggests otherwise)  you should expect court consideration to weigh heavily in the mother's favour.  Changes in the way Thai family courts regard custody and its implications have changed in recent years. A sole parent with custody of a child cannot, for instance, dump their child onto their parents (the child''s grandparents)or hire a full-time nanny and expect to retain status as the child's sole caregiver and receive or enforce maintenance payments from the other parent (former spouse) . 

A biological mother generally is seen as the preferred care-giver.  It has been my - limited - experience that 'face'' (and the desire for revenge) is a stronger motivation to lead Thai males to deprive the mother of access to their child - or even simply to avoid maintenance obligations - rather than a genuine desire (or understanding of what commitment really means) to gain sole custody. It might even be to your eventual advantage to let the father çontrol  the infant in the short-term to get a taste of parental obligations. He'll be expecting he can enjoy his new 'single' status unimpeded and will certainly become quickly disillusioned within a few months at most.

Get into the habit of keeping a diary of times of your access and the çonditions' imposed on you- records of conversations/threats etc.. Such records will be useful in eventual court hearings.Do not let your former spouse and his family think they can force you to 'buy'' access or sole custody. If a spouse is a non-citizen might cause minor complications only if you want to remove the child to live in your home country. Another good reason to seek experienced legal advice as soon as possible. Good luck.

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On Monday, April 24, 2017 at 3:07 PM, Ynith said:

Thanks alot for your kind info. I guess I may have to go out of country and enter as tourist visa to extend stay at the end of May something so I will have more time to settle things down.

Thank you

I have been with my thai partner for 8 yrs, we only just got married 5 months ago. We have two children born in Thailand. I do not have a marriage visa, you can get a family visa multi entry from Thai embassy in your country. You will need birth certifcate and letter from partner.

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On 4/23/2017 at 1:39 PM, ubonjoe said:

What do you have now?

 Do you a multiple entry non-o visa or an extension of stay based upon marriage obtained at immigration?

If you have a non-o visa it will remain valid until it expires. If an extension of stay it will end on the date you get divorced.

If you can get custody of your child you could get an extension based upon being the parent of a Thai. You would need 400k baht in a Thai bank or proof of 40k baht income.

Hi Joe could I ask you a question re the extension based on being a parent.

My wife is Thai but also holds Australian citizenship we were married in Australia

We have a 10 months old daughter who was born here and has dual citizenship my surname is on her Thai birth certificate

i currently live here using the extension of stay based on retirement

I there any advantage when it expires changing to the parent extension apart from only needing 400k in the bank and does it have to be seasoned for the three months

We come under the Chiang Mai Immigration office

Thanks Stephen

 

 

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45 minutes ago, StevieAus said:

I there any advantage when it expires changing to the parent extension apart from only needing 400k in the bank and does it have to be seasoned for the three months

There is no other advantage.

Most offices would not allow you to apply for it since you are married to a Thai. The extension based upon being a parent is intended for single parents.

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4 hours ago, ubonjoe said:

There is no other advantage.

Most offices would not allow you to apply for it since you are married to a Thai. The extension based upon being a parent is intended for single parents.

 

4 hours ago, ubonjoe said:

There is no other advantage.

Most offices would not allow you to apply for it since you are married to a Thai. The extension based upon being a parent is intended for single parents.

Many thanks for your reply I was curious as to what the criteria was learn something every day!

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