Answered4 years ago
Is our marriage legally recognized in the USA if registered in Thailand?
Wondering about being legally considered married in USA to my Thai wife. I'm a US citizen and our marriage registered here.
Answer summary
A marriage registered in Thailand is generally recognized as legal in the USA, provided that it was officially registered at a Thai Amphur and a marriage certificate was issued. It's noted that additional steps may not be necessary to certify the marriage with the US embassy. However, it's important to obtain a tax identification number for the Thai spouse to file taxes jointly. Immigration issues may arise separately from legal recognition of the marriage, and navigating these can be complex, especially regarding visa applications and residency.
81 repliesnewest first
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Stephen ******
It's no guarantee you can get her into the country on a tourist visa, though. Mine visited twice in 2005 and 2011. We reapplied twice during the Trump administration and were rejected both times without explanation. Our daughter now lives in the States, but her mother can't go to her high school graduation. I am so disgusted with them.
Michael ***********
@Stephen *****
Same situation for my girlfriend (who is now my wife). She applied for a tourist visa twice and was rejected twice. Seemed like they didn't even look at the documents we spent weeks (or months) preparing.
Henry *********
@Stephen *****
That's appalling. How ridiculous especially without an explanation.
Ryan *******
@Stephen *****
this is what I was trying to get at
Edna *******
You will be legal.
Jonathan ********
OPThanks for all the replies, I won't be answering any more off-topic ones as there is too many already. Appreciate the one's who were helpful or even just polite, Cheers!
Jordi ********
@Jonathan *******
bunch of sad people in this group, just let it slide off;). Good luck with the documents! I hear it can take a long time with the US sadly.
Lynnette *******
I believe you get the Thai marriage certificate officially translated. Certified genuine by Thai Ministry of Foreign affairs. And you can make appointment at US embassy to have it accepted/acknowledged by them.
Jonathan ********
OP@Lynnette ******
, ok people have commented above that that is not necessary or even possible, have you done this yourself?Lynnette *******
@Jonathan *******
my thai daughter in law has had hers translated and certified genuine by Thai Ministry Of Foreign Affairs in BKK. Shes not been to embassy with it though. Its a formality to have them accept it as genuine I think. You can call or email embassy. They won't be living in usa. My son who has US passport didn’t live there so has no particular state.Jonathan ********
OP@Lynnette ******
, yes of course I can contact them if I choose to.
Edwin ********
I think immigration issues vs. Iegality of marriage issues are separate sets of issues. Yet in at least one area they may come together: My Thai wife and I stayed married for eight years, almost entirely in the USA. After year two, she gained permanent residence due to her marriage to me. Six years later we divorced, and she retained her permanent resident status (though there was indeed an "immigration process" for her. I won't say what it was, since the USA immigration rules may have changed (we married in Bangkok, then we were separated several months while the immigration process proceeded, and then she joined me in late 1990; so processes may have changed by now)
Garfunkle *************
Dont worry, she'll still get half or more.
Jonathan ********
OPnot about money, there's more to life, try it!
Jessica ******
Check to see if your state in the U.S. specifically recognizes the Thai registration of Marriage. 😊
Jessica ******
But also my understanding is we are all set already.
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David *******
As long as you went to the US Embassy in Bangkok to get that official paperwork and presented that at the amphur / marriage registration you should be ok. (I’m no expert, but that’s what I did when my Thai wife and I married in 2019. Then when I filed my US taxes I made sure to do everything to get her tax ID number.) Good luck!
Jonathan ********
OP@Phil *******
I made it through 3 seconds, record for meJonathan ********
OP@Phil *******
a bit off-topic but that's some sort of quiche or something not a pizzaJonathan ********
OP@Phil *******
, you know what they say about pizza, there's good pizza and there's bad pizza and even bad pizza is good!Jonathan ********
OP@Phil *******
, of course there's bad food and really bad food tooJonathan ********
OP@David ******
I have never been to the US Embassy in BKK but was officially married in my Amphur. Are you saying it's not valid?Ruth *******
@Jonathan *******
what did you use for a tax ID for your spouse?Ruth *******
@Jonathan *******
I think your post is a bit vague as to your goal. That’s why people are guessing and giving you answers to every scenario. What is it that you’re trying to do that you want to know what you need to do to ensure your marriage is recognized?Jonathan ********
OP@Ruth ******
, ok I wasn’t 🙂 (they are talking a lot of different scenarios that doesn’t concern my post if they believe me or not 55)Ruth *******
@Jonathan *******
they were talking about filing taxes as “married”. If you also have no income or are not filing tax return as married, you don’t need it.Jonathan ********
OP@Ruth ******
for what? Does she need a tax ID for something?Henry *********
@Jonathan *******
To have been able to legally marry in Thailand you would have needed an Affirmation of Freedom to Marry from your EmbassyDavid *******
@Henry ********
that sounds right, yeah. Thank you for the clarification.David *******
@Jonathan *******
can’t say definitively since I am no expert — but my attorney had me make an appointment way in advance at the US embassy in Bangkok to bring in whatever they needed (my passport etc) and then take some oath / sign this paper. I would look into it. 🤷♂️David *******
@Jonathan *******
I would go back to read the official embassy website / page about it — maybe call them to ask. I know I had to present my Thai marriage certificate at the USA IRS office — in person — (another appointment) to get her US tax ID number, too.**********************************************************************************************************
Jonathan ********
OP@David ******
, Thanks, I never use a lawyer here unless required (such as when I wanted to become the legal guardian of my child whom I had with my wife before she was my wife). My experience with lawyers, agents etc here has been that we are able to do a better job than them. Since we've been married for years I think no need to question that or are do you mean register our marriage with the US government?
Art *************
Go to the US embassy with your marriage certificate. They will have you sign papers and it will be certified by the US.
Jeffrey *********
@Art ************
That isn't true. The Thai marriage certificate is legal on its own, and no "certification" by the embassy is necessary (or even possible).
Terary **********
@Art ************
Do you know this for certain? I ask because I was recently married and plan to claim her as my spouse on my tax papers. It was my understanding I only had to get a certified copy of her passport at the US Embassy.
Andrew ********
A friend arrived in the US with his Thai wife and child at the airport, he went in the citizen line with the kid and she went in the foreigner line. Well, he did not prep her well, so when she was asked if she was going to work she said yes. She was told that she didn’t have the right visa and was sent back to Thailand, leaving my friend with their kid in the US!
Terary **********
@Andrew *******
Was that her plan all along?Andrew ********
@Jonathan *******
Nope, and it is always stressed that even having a visa does not guarantee entry, it is up to the immigration officer whether or not you get in and how long you can stay.Jonathan ********
OP@Andrew *******
, immigration wouldn't listen to an explantation that is was a language misunderstanding or was she also not communicative enough to express that?Andrew ********
@Terary *********
I was told only county clerks make marriages official and that is where you need to go to have it done in Pennsylvania, you have to check with your state: “Do I need to register my marriage with the embassy or consulate to be recognized in the United States? No. To know if your marriage will be recognized in the United States and what documentation may be needed, contact the office of the Attorney General of your state of residence in the United States.”
John *******
@Terary *********
also, if you're using turbo tax to create your 1040, use a dummy SSN for her so you can get past the first step. 999-88-9999 will work. Then use a pdf editor to overwrite that on the final 1040 with the words "W7 ITIN application attached"John *******
@Terary *********
not sure what Edna and art are talking about, but you need to get a tax identification number for her, in order to file married jointly. Go to the American citizen services area on the US embassy Bangkok website and follow the mail-instructions for certifying a Thai passport. You mail her passport to them and they send back a certified copy.
Then you fill out form w7, the application for the ITIN, and include it with a *paper* 1040 when you do your 2022 tax return in 2023. Also include the passport certification from the embassy and a copy of your Thai marriage certificate. You cannot file electronically. You have to mail paper w7 and 1040 together to the ITIN processing center in San Antonio. The address is on the w7. They will issue the TIN and forward your paper 1040 for processing. You'll have to pay DHL about 1500 baht to get these documents back to the USA
Then, be warned, you will wait 6-8 months for your tax refund because the IRS budget has been slashed and there aren't enough personnel to process paper filings.
Pm me if you have more questions
Edna *******
@Terary *********
all documents required, as long as registration was done in Thailand. You need that document including passport.Steve *****
Isn't it a disadvantage for her tax purposes wise if you are legally married in the USA ?
Steve *****
@Jonathan *******
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Rob ******
@Jonathan *******
yes. … military, federal (OPM), etc. Most State retirement are similar, yet have own little intricacies.Jonathan ********
OP@Rob *****
, thanks, sorry deleted my comment once I realized I was replying to someone else'sSteve *****
I also have my pension from the US Government that I want her to continue to collect when I pass away.
Jonathan ********
OP@Steve ****
she is not an American citizen nor is working overseasSteve *****
@Rob *****
yeah I'll look into it thanks. My Ex forgo my retirement therefore not paying into it currently. I understand I will have to pay into it if I get remarry again but don't know when I have to do that. I just thought once I do remarry than I would have to. I just didn't think I have to remarry again within 5 years.Rob ******
@Steve ****
depends on the plan…. If you already have then switch wives (divorce and marry someone else) maybe new would get- that would depend on divorce agreement and if you stopped the allotment. The survivors annuity is not free- you pay into it. That’s why it must be done early. Check you plan options.Steve *****
@Rob *****
oh I didn't know it has to be within 3 to 5 years from retirement. So if one remarry after 5 years or more than the new wife can't get any survival Annuity ?Rob ******
@Steve ****
look into it now to understand the timeline. Most of the plans require you do it upon retirement and then you can add/drop with any life changes within the first 3-5 years of retirement. After that, too late.Steve *****
@Rob *****
I have not yet added her for Survivor Annuity yet. We are not currently married yet.Rob ******
@Steve ****
Marrying you doesn’t do much for USG benefits for her. To become a citizen, she’ll have to become naturalized. That means her getting a visa, entering and living in the US, doing all the paperwork and application to become naturalized (which can only be done at
3 years plus of being in the US) and then passing the test. Usually takes 5 years or more. Also, quite a few wives get their spouse visa applications rejected. Not a citizen or didn’t spend 5 years in the US- she can’t draw your SS. Did you elect the Survivor Annuity on your USG retirement- if not, she can’t get. etc etc.
Steve *****
@Jonathan *******
good luck to you tooJonathan ********
OP@Steve ****
,ok good luck!Steve *****
@Jonathan *******
there is also this I was thinking about. I just want to protect my future wife here in Thailand ***************************************************************************************************************
Eric **********
@Steve ****
Takes time and money. Not automatically a citizen.Jonathan ********
OP@Steve ****
, no it's not that easy and no I wasn't asking for any hidden reason.Steve *****
@Jonathan *******
I'm asking because I will be doing the same thing. Just wondering if you marry a foreigner does that mean she becomes a citizen of the United States. I thought that's the purpose of your question when you ask if the USA will recognize your marriage?Jonathan ********
OP@Steve ****
, what taxes are you referring to?Steve *****
@Jonathan *******
well if she becomes a citizen of the USA won't she be obligated for taxes ?Ruth *******
@Steve ****
he didn’t ask about her becoming a citizen. She doesn’t owe U.S. taxes just because she’s married to a citizen.Jonathan ********
OP@Steve ****
, thanks wasn't inquiring about taxes as no income and our holdings that concern her are in her name already.Steve *****
@Jonathan *******
any income or even inherentance ?Jonathan ********
OPbtw she lives in Thailand and doesn't have an income
Jonathan ********
OP@Steve ****
, taxes on what?Henry *********
As long as the marriage was registered at a Thai Amphur and a certificate issued, the marriage is recognised and legal in the US. However, just a "Thai wedding" in the village is not.
Jonathan ********
OP@Henry ********
thanks looks like we're good 🙂
Arnie ************
Even without registering it in the USA, I think she can still take half your stuff in a divorce.
Jonathan ********
OP@Arnie ***********
, no asking about stuff, looking out for my wife and her options (the subject is marriage not divorce 😉).Arnie ************
@Jonathan *******
Of course, I'm sure your marriage will be fine. To protect her, you could also build a house in Thailand.Jonathan ********
OP@Douglas ************
, my wife would rather have a pump for our fish pond or a truck load of manure to fertilize her vegetables
Douglas *************
@Arnie ***********
, and buy her goldArnie ************
@Jonathan *******
Great. Best wishes!Jonathan ********
OP@Arnie ***********
, yes we bought a home and built many buildings, incl. a house for Yai, on our farm all in her name (of course) and plus have other financial securities in place for her and our three children.
Jeh *****
@Jonathan *******
All the same Jonathan, if you haven't read about red pill awareness already, it's very handy to keep in your back pocket.Jonathan ********
OP@Jeh ****
, just looked up the site (if that's what you're referring to) and it's a bunch of misogynists who's opinions would never come in handy to me. All the same I've been happily with my wife for 15 yrs and she has never asked for anything and gives more than is imaginable.
Jim *****************
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Jonathan ********
OP"Most states recognize the validity of legal marriages registered in Thailand." Thanks, btw I did not have to do most of the procedures listed to certify my marriage at my local Amphur.
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