Asking for a friend who is a Thai national (female) married to an American citizen and living in the USA but does not have a registered Thai marriage. She still has her Thai I.D in her maiden name.
If they wanted to move here permanently, can he apply for a non imm O visa based on marriage at a Thai consulate in America or do they have to visit Thailand and get a registered marriage here first.
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TLDR : Answer Summary
A Thai national married to an American citizen can indeed apply for a Non-Immigrant O visa based on their marriage registration in the U.S. They do not need to register their marriage in Thailand before applying for the visa at a Thai consulate in America. However, once they move to Thailand, it is advisable to register their marriage in Thailand as well, which will facilitate the visa extension process and comply with immigration requirements.
I am an American citizen and my wife is a Thai National who lived in the US for 22 years
We were married in the US and the Thai Consulate in LA gave us an instruction sheet to get our marriage authenticated first by the state we were married in and then the US state department and then have it translated into Thai and then the consulate in LA certified it
Brought that to Thailand to the government office where my wife has her Thai ID from and got our Thai marriage certificate and my wife got a new Thai ID in her married name
I am living in Thailand now on a one year extension based on marriage and when we applied for that the immigration office in Prachinburi wanted both the translated US marriage certificate as well as the Thai marriage certificate
The Thai consulate in LA gave us a handout with the addresses to mail our marriage certificate to get it authenticated had that translated into Thai at a place across the street from the consulate called SSR services they also helped me get my multi entry O visa based on marriage
he can apply for the non-o and should get it, hower when they are here, they need to register the marriage in thailand. immigration will come once a year and check on him, untill they have a baby.
lastname on ID card is unimportant, since thais can change it as much as they want.
I deleted a discussion about a baby and alternatives. There is no need to have a baby together and there is no need to register your marriage in Thailand, although it makes things more easy when you do. Immigration Office only do the house visit when you apply for the 1 year Extension of Stay at the Immigration Office.
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