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What are my visa options in Thailand after my impending divorce and based on having a half-Thai child?

visa extension NON-O visa divorce in Thailand half Thai child Thai immigration family visa child custody supporting a Thai child covid extension

Oct 9, 2021

3 years ago

ORIGINAL POSTER

I am 49. 

I am on a 1 year non-O extension based on marriage.

My extension expires in September 2022.

My I'll be 50 in August 2022.

My wife wants a divorce as soon as possible with mutual consent.

I have one half child (my son).

I'll need to inform immigration after the divorce, which means my visa extension will be cancelled immediately.

My options are:

- I can apply for a 60-day family/son visit extension.

- I can beg my wife the delay the divorce 1 year and apply for a retirement visa.

- I can extend my visa with one year based on having a half Thai child.

- I can just not inform immigration of the divorce? Can this have serious consequences?

When should I apply for the extension based on having a  half Thai child, before or after the divorce? Will immigration accept joined custody on the divorce paper of the amphur (not a court paper) as a reason for a 1 year extension?

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TLDR : Answer Summary

The post discusses the complexities surrounding a divorce for an expatriate in Thailand who is on a non-O visa extension based on marriage. The individual is exploring options for extending their visa after the divorce, including applying for an extension based on having a half-Thai child, and is concerned about the legal implications of not informing immigration about the divorce. Community members advise against hiding the divorce from immigration and suggest presenting all necessary documentation and the child during the application process.

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Tod *********

Get the divorce, show up at that immigration office with your child and ex-wife along with proof of funds and all the documentation you have, cancel your current extension based on marriage and apply for a new yearly extension based on raising a half thai child.

If they deny that, apply for a covid extension (which you can do until Nov 26th) after you cancel your marriage extension due to divorce

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Wayne **********

It sounds as if the divorce is amicable for the moment and the wife is pushing hard for that. Were you married in Thailand or elsewhere? If elsewhere you need to have the marriage registered in Thailand at the Amphur and which should also indicate you are the father of a half-Thai child. This could be the reason your name is not "coming up". I assume you have a legal document attested by a lawyer setting out the terms of the pending divorce. Why not visit immigration, with wife and child and together detail to the IO exactly your predicament and ask best means for you to change your visa/extension reason, and for wife to move on.

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Kris *********

ORIGINAL POSTER

Yes, it's amicable. We were married in Thailand. We just use the standard forms of the Amphur. My mistake was to visit immigration by myself. I belief it might have made them think I am planning something behind the back of my wife. They were "not amused" by my questions.

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Kris *********

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Kris *********

ORIGINAL POSTER

Update: I went to immigration and asked for the requirements to extend a visa based on child support. They told me that one of the required documents is a document called คร. 11. It's a document that is supposed to show I am the father. I asked them if they were sure, since the child was born during marriage, and my name is on the birth certificate. And they said they were sure. But the Amphur told they couldn't find my name in their system. So, they could not give me that document. They also said the document was not necessary. They gave me their telephone number and told me to go back to immigration and call them. The immigration officer plainly refused to talk to the officer of the Amphur - they simply said : ไม่พูด - I don't talk (with them)

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Benjamin ******

Which immigration office are you using?

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Kris *********

ORIGINAL POSTER

@Benjamin *****

sri racha. Maybe they were thinking that I was just planning to leave my wife, and I was using them to secretly prepare my future. They seemed to be upset that I had not officially divorced yet. They said to me to get a divorce first and then to come back to ask about my situation. But my wife is fully aware and wants the divorce even more than I and wants me to stay in Thailand too.

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Kris *********

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Tod *********

you're a LONG way off from Aug/Sept 2022 so if you're getting divorced any time soon you need to think about the supporting a thai child extension for a year.

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Kris *********

ORIGINAL POSTER

You mean 400K on a Thai bank, right? I have that because it was also a requirement for my marriage extension that I've just finished.

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Tod *********

yep, you'd have to meet the 400K baht requirements for the new extension based on supporting a thai child, BUT the good news is those funds don't need to be seasoned any time at all, they just need to be in your account on the date you apply for the year extension.

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Warren ********

this no seasoning you speak of. Does this apply to renewal of extension based on raising thai child?

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Tod *********

@Warren *******

correct, it's ONLY for the financial requirements to raise a thai child

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Warren ********

cool. Thank you for your reply

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Henrik ****

, is it 400k or 500k for supporting a child? I guess you are saying different from time to time?

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Benjamin ******

400K THB WITH NO SEASONING for supporting a HALF-THAI child, 500K THB WITH SEASONING (Two months, I think) for supporting a foreign child.

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Tod *********

@Benjamin *****

&

the seasoning of funds for raising a 100% foreign child (one without a thai parent) is

The first yearly extension the 500K baht needs to be in the account for 30 days and for every yearly extension after that the 500K baht needs to be in the account for 3 months. Also there is no monthly income option on the financial requirements for raising a foreign child, it's 100% banked money method.

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Henrik ****

, ok, thanks for the explanation. From a bureaucratic point of view, is raising a child the same as being married to a Thai National or more like a retirement visa?

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Tod *********

if by "from a bureaucratic point of view" you mean paperwork-wise it's more like a marriage extension. You need pics of the child at the house, in their school uniform at their school, birth certificate, proof of parental rights, house book, mothers thai i/d, house book, etc

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Tod *********

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Tod *********

IF the child was born while you were married you automatically have legal parental rights as the father, You should have NO problem (if you meet the proof of funds) of showing up at the immigration office with the divorce decree cancelling your current extension based on marriage and immediately applying for a new yearly extension based on raising a thai child

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Kris *********

ORIGINAL POSTER

Don't the divorce papers need to mention I have full or partial custody? My child is my real son born during marriage.

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Kris *********

ORIGINAL POSTER

In case divorce with mutual consent, the divorce papers do mention who will take care of the child, the father, the mother or both. I also has other details like who will own what after divorce.

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Tod *********

UNless I'm mistaken

, the addendum or note you write when you sign the divorce decree at the Amphur mentions any of that stuff but the divorce decree itself doesn't say anything about it.

As long as you were married when your child was born you automatically got parental rights

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Tod *********

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Tod *********

The LAST thing you wanna do is "not inform the immigration office of the divorce" That option I would take completely off the table

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Tod *********

I say that because in order to get a yearly extension for another reason (like retirement or raising a thai child) you're going to show WHY you aren't getting a marriage extension and if you show the divorce decree showing you divorced 9 months ago you're on overstay from that date.

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Tod *********

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