If I’m legally married to a Thai national but she wants to stay in America for her business and I want to stay in Thailand for a few months, how does the spouse visa work & would I still qualify?
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TLDR : Answer Summary
The spouse visa allows you to stay in Thailand under certain conditions, even if your Thai wife remains in America. You can initially apply for a 90-day Non-O visa. However, your wife must confirm your marriage and may need to provide an invitation letter. If she doesn't come to Thailand within those three months, you have to leave and re-enter after a period. Alternatively, if you have interests in Thai culture, you may consider applying for a DTV visa, which could allow for a longer stay.
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You simply apply for the 90 day non O married to a Thai visa, your wife will have to confirm that you are still married and have to write an “invitation” letter.
Get a non-immigrant O for 3 months, or come as a tourist 2 months and extend for one. You can only get 3 months away from her. If she comes to thailand within the 3 months, and you are on a non-immigrant O, you can apply for a marriage visa for a year. If she doesn't come, you have to leave after 3 months for a while, then re-enter.
Do you work remotely or have interest in Thai Soft Power? (I.e., Muay Thai, Thai Culinary).
If so you could apply for DTV and whenever you decided to travel to Thailand you would get a 180 day stamp. Visa is good for 5 years and it would not matter if your wife wants to stay in the US.
On a spouse visa I wouldn’t imagine Thai immigration being too happy with your wife living in the US.
You could probably get the 90 day Non-O visa inside America before travelling but you couldn't get either it or an income of it inside Thailand without your wife being present
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