What should we do about non-immigrant O visas and potential overstay issues for my family in Thailand?

Feb 17, 2020
5 years ago
Susie ********
ORIGINAL POSTER
Hi all, we are an American family staying in Chiang Mai. My husband is employed and has the appropriate work permit & non-imm visa. My two children and I have been trying to get non-immigrant O visas as dependents, but have faced numerous setbacks, mostly because we don’t understand the rules and were given some bad advice.

So, our current 90-day non-imm visas (issued in Vientiane) expire later this week. When I went to the Chiang Mai immigration office to extend, I learned that I would again need certified affidavits for my marriage license and kids’ birth certificates. The office in Vientiane kept those. The US Consulate doesn’t have any openings for 10 days, so we’ll be overstaying by then and of course I’ll have to pay the $50 per page again at the US consulate.

My kids & I are leaving Thailand on March 5. We return mid-April. We will leave again on June 30ish and return around August 1 to stay long-term.

My question: should we just scrap the non-imm visas, do a border bounce this week, and do a visa-free tourist entry in April? Then we can start the whole non-imm O visa process again in the fall. If yes, what border crossing should I visit?

So far this year, we have entered Thailand once through a flight into Bangkok using a reentry on our non-imm O visa.

Will the kids be fined for overstay between now and our departure on March 5? I’d rather not pull them out of school again if I don’t have to. I thought kids didn’t get fined, but my husband’s employer is telling me they do. Will an overstay in their passports cause problems when we apply for non-imm visas in the fall? (Oh, and also, we will be applying for a new passport for one child while we are in the US this summer.)

So, to summarize:

Option 1. Make an appt at US Consulate to get new affidavits, then apply for extension, and pay for overstay.

Option 2. Get by on tourist stays until our departure in June. If yes, do kids need to cross a border with me this week?
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TLDR : Answer Summary
An American family in Chiang Mai is facing challenges obtaining non-immigrant O visas as dependents, resulting in a nearing expiration of their current 90-day non-immigrant visas. They are considering whether to do a border bounce and return on a tourist visa or attempt to manage the visa extensions under complicated circumstances, including a lack of necessary documentation and potential overstays. They seek advice on how to proceed without negatively impacting future visa applications.
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Elizabeth *****************
What a headache! Best of luck to you guys ⭐️
Tod *********
It sounds like the "set backs" were mostly self inflicted :O

I'd say you burned this opportunity, i wouldn't overstay on the hopes that you MIGHT be able to get the extension sorted out.

You had 90 days to get the documentation sorted and you could have applied for that year extension as a trailing spouse when you had 45 days or less left on your current Non-O entry stamp :/

I'd bounce out and get a 30 day visa exempt entry, or go get a single entry tourist visa and then extend that by 30 days. When you come back you can apply for the in country Non-O visa (when you have 21 days or more left on your current entry stamp) OR just get a new Non-O from a thai consulate and then try again for the year extension.

Make SURE you get the hand out from the immigration office that lists the requirements for a "trailing spouse" extension because you need documentation from the company too.
Susie ********
ORIGINAL POSTER
@Tod ********
Circling back to this thread and hoping Tod can help once again.

Earlier in this thread, you stated that a person can apply for a non-immigrant O visa from in-country, if you have 21 days on your current entry stamp. To clarify, my 2 children and I want to get dependent visas based on my husband’s work visa.

The same advisors are telling me again that I cannot apply for a non-O dependent visa from inside Thailand, no matter how many days I have left on my current entry stamp.

Can you point me towards documentation that states definitively that I can or can’t? Do I need to have a tourist visa to do this, or will a tourist visa exemption be sufficient? Is there a website? A handout at the immigration office?
Susie ********
ORIGINAL POSTER
But no matter. I understand what to do now, so all’s well.
Susie ********
ORIGINAL POSTER
Thanks for all your advice. I’m going to take to take it from here and not rely on another office for assistance. Much appreciated.
Susie ********
ORIGINAL POSTER
And. Wait.

We can apply for non-O from inside Thailand? I asked if that was possible and was told no. Aaauuuugh.
Susie ********
ORIGINAL POSTER
So, having never done a bounce before, where would you recommend? What do I need to bring? Just passport and proof of exiting flight on March 5?
Susie ********
ORIGINAL POSTER
@Tod ********
Self-inflicted in that I’ve stupidly kept trusting the advice of people who are supposed to be helping us.

Interestingly, in all of our many visits to the immigration office, nobody has ever told me there was a handout or checklist. I would have greatly appreciated that.
Tod *********
please realize I meant no disrespect towards you or your situation in my comments, reading them they sound harsher than I meant them to be :O Sorry you weren't able to pull it off this time. I'd just give up on this attempt and try it again next go round.
Tod *********
How old are the children?
Tod *********
Just let them overstay, there is no fine for children under 15 and there is no banning penalties for children under 18
Susie ********
ORIGINAL POSTER
3-turning-4 and 7.
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