Can I apply for a marriage visa in Thailand if my Thai spouse predominantly lives in the U.S.?

Feb 25, 2024
8 months ago
Dean ***********
ORIGINAL POSTER
My Thai wife and I live in the U.S. since 2008. The last of our 4 children will graduate from high school in 2 years. The plan has always been to move back to Chiangmai. We kept the house that I had built in 2005 for that reason. I’m 70 and she is 50. A couple of years ago, she opened a Thai restaurant that has been doing reasonably well. She may stay in the U.S. for a couple more years past the time that I’ll be moving to Chiangmai. Can I still get a marriage visa, even though she won’t be living in Thailand. I assume that she will go over when I apply for the visa, and will probably come for 3-4 weeks every year. Unless asked, I won’t be revealing this information to Thai officials. Is there any reason why she has to be in Thailand for either the 3 month check ins or the yearly renewal?
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TLDR : Answer Summary
The user is seeking guidance on obtaining a marriage visa in Thailand while his Thai wife remains in the U.S. for an extended period due to her restaurant business. He wonders if her presence is necessary for visa applications and renewals, and he is also considering a retirement visa as an alternative due to potential complications in securing the marriage visa.
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Alireza *************
The best way for u is to get a retirement Visa through an agent.
Dean ***********
ORIGINAL POSTER
@Alireza ************
I’ve got 2 years to sort it out. I’ll be in Chiangmai in May for a month working on my house. I’ll check with agents then.
Alireza *************
@Dean **********
wish you all the best. 👍
Jean-Francois ***********
She will need to be home every year when you do your extension. The rest of the time it should be OK. DM me I can tell you a story😉
Bart **************
Immigrations officers will visit you and they usually will also ask people in the neighborhood to confirm that you really live together, and not just in the weeks of the visit.

But why not retirement visa?
Dean ***********
ORIGINAL POSTER
@Bart *************
I could, but would prefer the 400,000 baht in account over 800,000 baht for retirement visa
Bart **************
@Dean **********
in your case, I am afraid the spouse extension isn't an option. It really is required to live in the country together. You may get away with it but that would be a gamble. I'd go for retirement instead.
Dean ***********
ORIGINAL POSTER
@Bart *************
that ultimately is probably what I will do. One other option is to live in Chiangmai for 5-6 months out of the year (winter) and the other 6 months in the U.S. I think I could get by getting a 60 day visa, extending it for 30 days while in Thailand, then doing 2 visa runs to get to 5 months. I’ll probably have to be scanned twice a year for cancer once the immunotherapy treatments are over this fall. I might as well let Medicare pay for it, along with Doctors visits.
Bart **************
@Dean **********
if you plan doing
***
or
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months per year on either side, it may be worth spending some effort in figuring out which country is most beneficial from a tax perspective. However note that tax residency alone is just one piece of the puzzle; the bilateral tax treaty could state that pensions are taxed where the income has been generated, for instance. If one country comes out as most beneficial you could go for the required 180 days there plus maybe a few.
Bart **************
@Dean **********
spouse extensions are not so great. Friends of mine had quite some trouble getting it extended. Myself I was allowed to show a rental contract and landlord's house registration, which is a little tricky as they could just refuse to give that but in the end they did not do that and I got it. My friend however, in another province, owned his own house, and as a replacement the officers required the house registration from his neighbors. There's no way you can ask your neighbors such personal documents for your own visa extension. So since then he's using retirement extensions instead.

He doesn't need 800k in the bank. He has a high enough pension which he gets proof of through his embassy. Doesn't even need to send that pension to Thailand; just getting it is sufficient.
Ron ******
@Bart *************
That’d be interesting if they lived rural and the closet neighbour was 20km away!
Bart **************
@Ron *****
yeah it's not a great requirement indeed :/ . Really crossing the line of what you can reasonably do as independent immigrations office.
Dean ***********
ORIGINAL POSTER
@Ron *****
I live semi rural and I know all of my neighbors because they are all related. The lady that I bought the land from 20 years ago (and who still lives next door), her father had owned all of that land and had given it to his children I am on a friendly basis with all of them.

The last time that I stayed at the house in December, my wife’s mother stayed with me. My wife was afraid I couldn’t get along by myself after the cancer treatments. My mother in law is 3 years younger than I am. Maybe, she could live with me when I move back and pretend she is my wife
Greg ***********
I am in the exact same situation. And to make it more complicated you really need to do it in the 1st 90 days. You get 90 days on your 1 year visa when you enter. So before that 90 days runs out you need to either get your extension of stay completed or do border runs every 90 days and do your extension at the end of the 1st. year.

I received my visa based on marriage in America before coming over. And because of the whole 90 day issue I converted it to a visa based on retirement once I was here. Main difference is amount of money you need in the bank. 800k vs. 400k.
Jeffrey **********
You can get your Non O based on marriage at the embassy there in America
Dca *****
as others have suggested, perhaps a retirement visa instead of a marriage visa would be best for your circumstances....
Dean ***********
ORIGINAL POSTER
@Dca ****
I’ve got one other problem. I loaned my wife $100,000 to open restaurant. She’s making payments of $1,000 to $2,000 a month but it will be many years before she pays me off, possibly when she sells it. About 8 months ago, I was diagnosed with melanoma, stage 3. The surgery went fine but the immunotherapy treatments aren’t cheap, even with insurance. I can’t work at my business In construction anymore, so I’m living on Social Security payments. I have a very nice house in Chiangmai, so social security should be enough to live on there. By selling my construction equipment, I should net between $15,00 to $22,000, so I could deposit 800,000 baht but would prefer the 400,000 amount. The key is my house in the U.S. it is paid off and worth around $400,000. That was my retirement fund. I haven’t figured out whether to sell it when I move and have my wife live in an apartment, or let her stay in the house until she sells the restaurant. I’m inclined to sell the house, if only to force her 30 year old children to find their own place to live. I’d take care of our 18 year old son until he graduates from college.
Dca *****
@Dean **********
Wish you only the very best of luck in all of your future endeavors and most importantly, pink health! However, from what you have relayed, probably best to sell the American house, because you already have $100k tied up in the restaurant. At least have some liquid assets (cash) in hand for whatever you decide (on top of proceeds from the equipment sales)....
Wayne *********
As Stuart said you may have difficulty, Maybe the OA visa would be suitable while your wife stays in USA can get 2 years on the OA visa
Shayne **********
@Wayne ********
OA definitely the way to go and you can come and go freely. It's 2 years if you use it correctly.
Jacob ********
Your wife will visit you three weeks every year in Thailand?
Dean ***********
ORIGINAL POSTER
@Jacob *******
Probably. She would prefer to live in Chiangmai over the U.S., but does like the income of owning a Thai restaurant in the U.S. with the 20 year difference, I can’t afford the luxury of waiting until she is ready to sell restaurant and move back permanently
Jacob ********
Three weeks a year you would see your wife? Is that correct?
Dean ***********
ORIGINAL POSTER
@Jacob *******
if I moved to Thailand and she didn’t, that would be about right
Stuart *********
Generally to get an extension of stay for a year you need to bring the “reason” for the extension you are applying for with you (wife, child, etc). Quite often the immigration office will arrange a visit to your home to assure themselves that all is above board. Without your wife living with you this could be difficult.
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