Answered8 years ago
Can I extend my NON-IMM-O visa to a guardian visa in Thailand as a foreign mother of a Thai child?
Hey there! I was wondering if it's possible to extend my NON-IMM-O (marriage) Visa as a guardian visa (my daughter isThai) through the immigration office here. Or do I need to leave the country? I am about to get a divorce and my Visa extension is coming up. Thanks for your advice!
Answer summary
The user is seeking advice on whether they can extend their current NON-IMM-O (marriage) visa to a guardian visa since their daughter is Thai, especially as they are about to get a divorce and their visa extension is approaching. Community members provided feedback, confirming that it's possible to request a new extension based on raising a half-Thai child. They emphasized gathering necessary documentation, including proof of financial means, and discussed potential custody arrangements. It was also noted that, typically, a divorce may require a new visa application instead of a direct transfer from a marriage visa to a guardian visa, depending on current custody agreements.
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Stefanie *****
OPUpdate: it was NOT possible because we're still married! So it would have been possible if we we're divorced already. Temporary solution was they extended my Visa, I have a trip to Hong Kong scheduled. My question now: I'll apply for a single entry NON-IMM-O Visa (90 days) but will probably leave for Bali before those 90 days will end. If I apply for a re-entry permit for this 90 day visa, will that work? Can I still apply for the extension after my return?
Stefanie *****
OPThanks
@Tod ********
! Yes, I'll definitely returned before the visa expires.Tod *********
Reentry permit will keep the 90-day stamp alive but you would have to come back before it expired
Stefanie *****
OPQuick feedback: it was possible! Thanks for your help!
Tod *********
Glad it worked out. (y)
Tod *********
@Stef****
, if you can, please report back and let us know how it wentStefanie *****
OPYes, will do! But it will take about 2 months.
Stefanie *****
OPThanks
@Tod ********
! I hope this will work as I really want to avoid leaving the country. It should work technically because it's the same type of Visa. Thanks so much for your help!
Jennifer *********
@Tod ********
your devoted fan club is growing exponentially by the day!Tod *********
@Stef****
Oh, if that's the case your right, you just need to apply for a new yearly extension using the new reason. They might make you write a letter stating why you're switching reasons, but that's about it.Stefanie *****
OP@Tod ********
my extension is about to run out anyways, Soi think I don't even need to cancel it. I'll let you know in 4 weeks then how it went :)Tod *********
I would imagine you're NOT on any visa now, but instead on a yearly extension of stay based on marriage from the immigration office.
All you're doing is changing the reason for the extension from marriage to raising children.
You cancel one extension and immediately apply for another one.
All you're doing is changing the reason for the extension from marriage to raising children.
You cancel one extension and immediately apply for another one.
Tod *********
Okay, what you need to do is, get ALL the documentation together to get a visa based on supporting a half thai child. Because you are the foreign mother of a half-child I believe you're going to have to show 400K baht in the bank. There is no provision in that extension clause where foreign mothers don't show financial requirements like it does when a foreign woman is married to a thai.
You would go in and cancel your extension of stay based on marriage at the immigration office and immediately apply for a NEW yearly extension of stay based on supporting a half-thai child. Just like the marriage extension, it would go under consideration for 30 days then you'd go back and get it inked into your passport.
Then you can get divorced when ever you want to and it will not affect your extension at all.
You would go in and cancel your extension of stay based on marriage at the immigration office and immediately apply for a NEW yearly extension of stay based on supporting a half-thai child. Just like the marriage extension, it would go under consideration for 30 days then you'd go back and get it inked into your passport.
Then you can get divorced when ever you want to and it will not affect your extension at all.
Steve *******
I think, as the Mother, you would have full custody of your child and certainly should be able to extend your stay based on this. Especially if you were married in Thailand and you child was born there.
Tod *********
It will need to be written into the divorce agreement that there is shared custody or that the mother gets full custody.
Right now because she was married when the child was born both parents share custody.
Right now because she was married when the child was born both parents share custody.
Neo ************
Steve Greir Not by law she have to decided that with the husband or go to court. It does not go back to full custody by divorce the husband have same right now. Anyhow they are agreeing on it so that does not matter
Steve *******
@Anders ************
Yes, after the divorce, as the Mother, she should have full custody.Neo ************
But when she married she get shared custody so thats not on the table anymore but yes when not married she would have been full custody
Stefanie *****
OPYes. What do you mean with "will the wife sign on to it"?
Basically the type of Visa is the same, I am just wondering if it can be extended as a guardian visa and not as a marriage visa.
Basically the type of Visa is the same, I am just wondering if it can be extended as a guardian visa and not as a marriage visa.
Neo ************
@Stefanie ****
Yes you can not keep the marriage visa thats correct but i am not sure they can just swap over i suggest you go and ask i would guess you have to apply again or change to a 60 days visa and then do a 3 month visa and then 1 year extension thats what i did.Stefanie *****
OPNo worries :) we will keep the shared custody after the divorce. But before getting divorced I'd like to switch the visa because I've heard that if I am still on a marriage visa and I get the divorce that I have to leave the country within 7 days.
Neo ************
@Stefanie ****
Sorry husband then i did not check your profile will you still have custody after you divorce? Will he be willing to sign on the papers for you? When you divorce you have to make an agreement who will have custody.Stefanie *****
OPI am the wife! We both have custody on our daughter, we were already married when I gave birth.
Neo ************
Do you have full custody if not the wife need to sign the documents and in some cases even with full custody she still need to sign the papers it is up to the officer. Yes you can be a sponsor of the child.
Neo ************
You mean you want to change from Married to Child will the wife sign on to it?
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