Can I apply for an in-country Non-O visa based on marriage with a short rental agreement?

Aug 14, 2022
2 years ago
Andy *********
ORIGINAL POSTER
I'll be applying for the in-country non-Imm O visa based on marriage soon. However, we have not yet decided we are going to live long-term, so I'm not sure how this will impact the application.

We currently have a three-month rental in Jomtien. After that, our plan is to move up north, where my wife is from. We have not yet had a chance to look for houses up there, so don't know exactly where we'll be.

I know the initial application requires a rental agreement and pictures of us at the house/apartment. I have two questions:

1 - Will it be a problem that we only have a 3 month rental agreement?

2 - Will it be possible to get the initial 90 day visa while living in Jomtien, then complete the process for the one year stamp after moving to the north?

Thanks.
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TLDR : Answer Summary
The user is inquiring about applying for an in-country Non-Immigrant O visa based on marriage to a Thai citizen while facing uncertainty regarding their long-term residency in Thailand. They currently have a three-month lease in Jomtien and plan to move north but are unsure how this may affect their application. They raise concerns about the adequacy of a temporary rental agreement for their visa application and question whether they can begin the visa process in Jomtien and transition to a longer-term extension after moving. Responses suggest checking with local immigration, as there may be complications with short leases and transitioning to various immigration offices.
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Ellie *******
You should have enough information. If you still have something to ask related to the original question, please contact to one of moderators to re-open this post.
Ellie *******
For requirements for an initial in-country Non-O visa based on being married to a Thai, you can refer to this to get a rough idea as general information.

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/6.FOR-PROVIDING-SUPPORT-TO-OR-BEING-A-DEPENDANT-OF-A-THAI-CITIZEN-SPOUSE-VISA-NON-O.pdf
Tod *********
@Andy ********
IF you're married to your child's mother you are highly unlikely to get a Non-O visa or a yearly extension issued in country based on being the father of a half thai child.

They usually make people married to thaiz get the visa/extension based on marriage not on having a half thai children.
James ********
Andy *********
ORIGINAL POSTER
@James *******
Thanks, James. I have the rose-bordered marriage certificate. Is that enough, or is the second form (kor ror 2) also needed?
Andy *********
ORIGINAL POSTER
Thanks to you both.
Mohit **********************
@Andy ********
kor ror 2 and 3 needed i just recently got issued with an year’s extension
Andy *********
ORIGINAL POSTER
@मोहित *****************
Thanks. Do I have to obtain it in the city we married in?
Mohit **********************
@Andy ********
you will get it from the district office aka (Khet)
Tod *********
@Andy ********
you probably have the Kor Ror 2 (most foreigners don't even know they have it as it's all in thai and looks like a form)

You can get a new one printed at any Amphur (city hall) for 20 baht

The Kor Ror 2 looks like this
James ********
Andy *********
ORIGINAL POSTER
@James *******
Thanks. The parental option is interesting - how would I obtain the decree of parental rights? That seems like something I should have regardless of my visa situation.
Andy *********
ORIGINAL POSTER
Thanks
James ********
@Andy ********
are you the father of a Thai child? Are you now Married to a Thai?
Andy *********
ORIGINAL POSTER
@James *******
Yes and yes.
James ********
James ********
James ********
Tod *********
Sadly, I'm pretty sure the answers are not what you're wanting but

For # 1 - you and your thai wife need to slog on over to the Jomtien Immigration office and ask them IF you can apply for the 90 day Non-O visa based on marriage with just a 3 month lease

AND

For #2 - once you get to where ever it is you're moving to, you need to slog on over to that immigration office and ask them if you can do it. In THEORY, you should be able to IF you file a TM30 showing you now live up north in the area served by the immigration office up there BUT that Jomtien stamp is often times a "stamp of death" <- because of the back door, agent gotten visas/extensions from that offce. AND people who have gotten their initial visas from there did run into a LOT of issues trying to get their yearly extension granted after they moved to another province.

I would almost say, WAIT until you move, then do the process up there if they can do it

OR

something that might be easier and less worrisome would be; go the thai consulate in Savannakhet and get a single entry 90 day Non-O visa based on marriage, enter get stamped in for 90 days and then apply for the year at your immigration office up north.

I say do that because you won't have any issues getting a yearly extension from a Non-O from Savannakhet at ANY immigration office as long as you meet the requirements

AND

Savannakhet is a "soft touch" consulate that requires minimal documentation to issue that visa and does it in 2 working days total with walk up service (no appointment needed)
Andy *********
ORIGINAL POSTER
@Tod ********
Thanks, Todd - this is extremely helpful.

If I get the visa in Jomtien, then encounter problems later getting the extension, what options would I have? Could I still go to Savannakhet to get another O visa, or would that no longer be possible?

My wife and I own a small apartment in Bangkok (in her name only), so I guess one possibility is that we could use that as our address and process everything in Bangkok. The problem is that we don't intend to live there, and I've read that immigration sometimes visits the stated residence. What are your thoughts on that?

I'd like to avoid that trip to Savannakhet if I can help it, but if it is indeed the safest option then I should do it soon.

Thanks again.
James ********
@Andy ********
Yes Expect Thai Immigration to want to come see you with your Thai wife during the One month following your application for the One year extension of stay as Married to Thai. They will want pictures and interview your neighbors. They're confirming that you are really married to your Thai wife and living together at the address provided by you on your application.
Andy *********
ORIGINAL POSTER
@James *******
Ok, thanks for the additional information. So our Bangkok apartment won't be a possibility.
James ********
@Andy ********
that appears so...
Tod *********
@Andy ********
, as I said, i don't know IF you will have problems

I am only relating that other people have had issues.

You're gonna hafta pick your own path on this one.

I outlined the easiest and most trouble free option <- and that's slogging on over to Savannakhet and getting a 90 day Non-O first, THEN moving to where ever it is you're actually moving to, and after that applying for the year extension at that office.
Andy *********
ORIGINAL POSTER
@Tod ********
Ok, fair enough. I'll go to Jomtien immigration tomorrow to see what they have to say. If they can't grant the visa with a 90-day rental agreement, then Savannakhet may be my only option anyway.

Thanks again
Tod *********
@Andy ********
unless you have a stamp expiring tomorrow you might wanna hold off on your "go to Jomtien immigration" idea tomorrow seeing as Friday was a holiday and Monday will be crazed with people whose stamps ran out on the long holiday weekend.
Andy *********
ORIGINAL POSTER
@Tod ********
Ha, good advice. Well noted
Paul *******
You will be applying for an Extension of Stay based on marriage not a visa.
Tod *********
he got it right
@Paul ******
,
@Andy ********
first needs the 90 day Non-O visa before he can apply for the year extension 🙂
Andy *********
ORIGINAL POSTER
@Paul ******
I'll be applying for the visa first, then the extension. I currently have only the visa exempt 30-day stamp. But maybe my terminology is wrong.
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