Integrity Legal

A common question asked by many foreign men in Thailand: does the law require that I pay a sinsot (also known as a sinsod, sin sot, sin sod, or in Thai: สินสอด) prior to marriage? The short answer to this question: No. However, an explanation of the cultural importance of the Sinsot may be beneficial in understanding both Thai marriage custom and the cultural underpinnings of marriage in the Kingdom of Thailand.

A Sinsot can best be described as a dowry given by a Thai (or foreign) man to a Thai lady prior to marriage. Generally, the groom-to-be will negotiate with his future father-in-law, or some surrogate if the Thai fiancee’s father is unavailable, regarding the amount of the dowry. In many Thai weddings, the Sinsot is put on display at the wedding ceremony, often the Sinsot will include jewelery or other items of value. In some cases, the parents keep the Sinsot. While in other families it is given to the daughter as a kind of insurance in the event a marital dissolution should occur. In still other situations, the Sinsot is returned to the groom after the wedding ceremony is at an end. Finally, it should be noted that some Thai families do not uphold the Sinsot tradition.

Some have argued that the Sinsot tradition is not deeply embedded in Thai culture, but is simply an effort by Thai in-laws to get money out of a foreign husband. This author cannot speak to that assertion, but the fact remains that in some cases Thai fiances will transfer a Sinot to a Thai fiancee’s family.

Under Thai law, there is no legal requirement that a Sinsot be transferred before a marriage can be registered. A couple can register a marriage at a local Amphur office (Civil Registry) by simply showing up and providing the proper documentation.

However, the practice of remitting a Sinsot seems to be a major aspect of the Thai customary wedding ceremony. Thai people will often have a marriage ceremony without getting the marriage registered. As Thailand does not specifically recognize anything akin to a common law marriage, it is possible that a foreign fiance could pay a Sinsot without legally marrying the Thai fiancee. In many cases involving American fiances marrying Thais, a customary wedding ceremony is often performed without registering the marriage. This allows the couple to remain legally single and therefore eligible to apply for a K1 visa, which is a fiance visa used to travel to the USA for the purpose of executing a legally binding marriage.

Tags: Fiance Visa, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, Sin sod, Sin sot, Sinsod, Sinsot, Thai Marriage, Thai MArriage Registration, Thai Wedding, Thailand Marriage, Thailand Wedding
Posted in Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, Thai Family Law, Thailand Marriage Registration, US Visa Thailand | No Comments »

In many cases, those thinking of drafting a Thai prenuptial agreement also ponder the related issue of a Last Will and Testament in Thailand. Although both of these instruments can have an impact upon the distribution of Thai property they should not be viewed as completely complimentary devices as they serve different purposes and the drafting of these documents requires adherence to different sets of rules regarding legal formalities.

A Thai prenuptial agreement is an instrument used for the purpose of pre-designating a property distribution should a marital relationship dissolve. If the underlying marriage is registered at an Amphur office (Civil Registrar’s office) in Thailand, then the Thai prenuptial agreement must be simultaneously registered with the marriage. Failure to simultaneously register the Thai prenup could, and may very likely, result in a Thai court subsequently refusing to take notice of the prenuptial agreement when deciding how the marital estate should be divided.

A Thai will is a testamentary instrument that is used to divide the estate of a Thai or one who has died in Thailand. When drafting a will in Thailand, or in any jurisdiction, one must adhere to certain legal formalities in order to ensure that a court will enforce the provisions of the will itself. When a court divides the estate of the deceased, this process is known as probate and a probate court could throw out an improperly drafted will. This is why retaining the advice of a Thai lawyer may be advisable when drafting a new Thai will.

So-called “spouse election,” statutes should be mentioned when discussing Thai prenuptial agreements and wills for United States Citizens looking to marry Thai nationals. A “spouse election,” statute is a type of legislation that exists in many jurisdictions throughout the United States. Such legislation is designed to curb disinheritance of surviving spouses in wills or other testamentary devices. The result of “spouse election,” statutes in the USA is that the spouse of a deceased person can usually be confident that they will inherit at least 1/3 or 1/2 of the net probate estate (the actual percentage depends upon the state). Such rules are important to note for those drafting a prenuptial agreement because a prenuptial agreement should not be drafted in such a way that its provisions contravene the “spouse election” statute in the state of the US Citizen’s residence. Therefore, it may be wise to consider Wills and Prenuptial agreements as wholly separate instruments and thereby keep each of these instruments free of provisions that stray into the bailiwick of the other.

Tags: prenup, prenuptial agreement, prenuptial agreement Thailand, Thai prenup, Thai prenuptial agreement, Thai Will, Thailand prenup, thailand prenuptial agreement, Thailand Will
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thai Family Law, Thailand Marriage Registration, Thailand Property | No Comments »

In Thailand, the method of executing a valid marriage is very different from the United States or other common law jurisdictions. A marriage registration is usually conducted at a local Amphur office (Amphoe office). In cases involving a Thai national marrying another Thai national, the process is very straightforward as the couple need only produce their identity documentation and house registration. However, in cases involving a foreigner and a Thai national, the foreigner must produce a great deal of documentation to prove that he or she is unmarried as well as legally free to marry. Depending upon the person’s home country, some or all of this documentation can be obtained either at the Embassy in Thailand or at offices in the person’s home country.

Two foreigners can also execute a lawful marriage in Thailand, but the registration of the marriage could take more time and require the filing of more documentation as neither of the prospective registrants are Thai citizens. Often, this situation has an easy solution as both parties deal with their home government which provides documentation proving that the prospective registrant is unwed and free to marry. In the case of Myanmar (Burma) this is not necessarily true.

Under the laws of the Union of Myanmar heavy restrictions are placed upon Burmese women who opt to marry non-Burmese people. One aspect of these restrictions that manifests itself often in US Immigration matters is the reluctance or refusal of the Burmese government to issue passports to female Burmese nationals seeking to marry a US Citizen either after issuance of a K1 visa or before issuance of a K3 visa or CR1 visa. The Burmese government’s intransience in these matters often results in difficult Immigration cases as the American government often requires a valid passport before a visa will be issued to a non-US citizen.

In Thai marriage registration cases, a similar problem arises as the Burmese (Myanmar) government, through the Myanmar Embassy in Bangkok, this post often refuses to issue affidavits showing the Burmese national as single and free to marry. Amphurs in Thailand require this document before they will execute a marriage between a Thai or a foreigner and a Burmese national. Therefore, failure to obtain this document results in an inability to marry in the Kingdom. Further, the execution of a marriage in Burma (Myanmar) is likely more difficult due to the statutory restrictions imposed upon Burmese women seeking to marry foreign men.

In situations such as this, it may be necessary to plan ahead and obtain passports and other documentation long before it may ever be necessary. Contacting a Bangkok lawyer or US Immigration lawyer may be beneficial as either of these professionals could advise about solutions to such problems.

One should note that Thai prenuptial agreements can be drafted for a marriage in Thailand, but the agreement must be registered simultaneously with the marriage in order for the agreement to be valid in the Kingdom.

Tags: Burmese Marriage, Married in Thailand, Register a Thai marriage, Thai Marriage, Thai MArriage Registration, Thai prenuptial agreement, Thailand Marriage, Thailand Marriage Registration, Thailand MArriage Registration for Burmese, thailand prenuptial agreement
Posted in CR1 Visa, Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Miscellaneous, Thai Family Law, Thailand Business, Thailand Marriage Registration, us embassy bangkok, US Embassy Burma, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

For those who have already executed a marriage in Thailand, the options for United States visas can become more limited. In general, the two Immigration options most applicant couples choose to pursue immediately following lawful marriage are the K3 visa and the CR1 visa. Unless there exist strategic reasons for applying for the K3 visa (speed of issuance, or choice of interview forum), the CR1 visa is often the better choice as it confers conditional lawful permanent residence upon the applicant at the moment they are admitted into the United States of America.

The CR1 visa is available to those couples who have been married for less than two years. IR1 visas are used by couples who have been married more than 2 years. In Thailand, a common misconception is that getting married is the best way to ensure a fast visa for a Thai loved one. In many cases, this is untrue because the K1 visa is sometimes a faster Immigration option. That being said, in cases where the United States Citizen is entitled to file an I-130 application abroad (known as a local filing or direct consular filing) marriage might provide a way of expediting the US visa process. If a US Citizen opts to file locally for a US visa and the couple has been married for less than 2 years, then a CR1 visa will be issued upon application approval.

Once in the United States, the foreign spouse will eventually need to apply for a lift of the conditions of his or her visa. This is accomplished by filing an I-751 Petition to Remove the Conditions of Residence. The United States Citizen spouse will need to file the petition within ninety days of the second anniversary of the foreign spouse’s entrance into the US and once the application is approved the foreign spouse’s lawful permanent residence will no longer be contingent upon their continuing marital status.

Essentially, this application to lift conditions is somewhat similar to the adjustment of status application. For those with a fiance visa it is necessary to adjust status to permanent residence before being able to remain in the US indefinitely. The lift of conditions is analogous because it is a necessity that must be dealt with before permanent residence is unconditional and failure to apply for the lift of conditions could result in the foreign spouse falling out of lawful status. It should be noted that for those who adjust status from a K1 visa, permanent residence is deemed to begin on the date noted upon the adjustment of status approval notice. Within ninety days prior to the two year anniversary of said date, the foreign spouse must apply to Remove the Conditions of Residence.

Upon approval of an application to remove conditions, the former CR1 visa holder will be converted to an IR1 visa and be issued a 10 Permanent Resident Card (Green Card).

Tags: CR-1 Visa, CR-1 Visa Thailand, CR1 Visa, CR1 Visa Thailand, Fiance Visa Thailand, I-751, I751, IR1 Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, Lift of Conditions, Remove the Conditions of Residence, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Thailand Marriage Registration, US Visa and Immigration, US Visa Thailand | No Comments »

Few people wish to discuss what will happen should a marriage breakdown, but unfortunately divorce is an issue that many people confront at least once in their lifetime. With this in mind, those living in Thailand researching the issue may be surprised to learn that divorce in Thailand can be quite different when compared against divorce procedures in common law countries.

One of the major differences between divorce procedure in Thailand and divorce procedure in the United States of America is the presence of an Amphur office. The Amphur office is the civil registrar for vital information pertaining to the citizens and permanent residents of Thailand as well as foreign visitors in the Kingdom. Amphur officers are empowered with the authority to execute legally binding marriages, change names, record, births, record divorces, as well as other functions. In Thailand marriage registration usually involves a trip to the Amphur’s office to have the marriage legalized. In many divorce cases in Thailand, the converse is true for the dissolution of a marriage. Provided that there are no major disagreements between the parties, a sort of “no contest” divorce can be easily granted at the local Amphur office. However,  should the parties have any type of disagreement, then a protracted divorce proceeding must occur in the Thai court system.

An immediate issue surrounding the issuance of an Amphur divorce is: will the United States recognize the divorce as binding? Quite simply: Yes. A divorce registered at an Amphur office is considered legally binding for US purposes. This is particularly important in K1 visa cases, as a common question from prospective US Citizen petitioners is: “what do they mean my Thai fiancee must be legally free to marry?” This means that they need to be single, divorced,  or their prior spouse must be deceased. The United States government considers a Thai Divorce, granted in Thailand, valid.

Another issue ancillary to Thai divorce is that of a prenuptial agreement. Under Thai law, a prenuptial agreement must be recorded contemporaneously along with the recording of the Thai marriage. Once properly recorded, the prenuptial agreement will be the touchstone for dividing marital assets in Thailand.

In cases where a Thai divorce cannot be executed directly through the Amphur office it may be necessary to file the divorce action in the Thai courts and upon final judgment of dissolution, the couple must present the judgment to the Amphur for registration.

Another issue to think of when contemplating a Thai divorce is the issue of how one’s property will be divided post -divorce pursuant to a Thai will. For the sake of avoiding prolonged probate, it may be wise to change ones Thai will in tandem with the divorce registration.

Tags: Amphur, K1 Visa Thailand, prenuptial agreement Thailand, Thai Divorce, Thai Marriage, Thai prenuptial agreement, Thailand Divorce, Thailand Marriage, Thailand Prenuptial Agreemnt
Posted in General Legal Information, K1 Visa Thailand, Thai Family Law, Thailand Marriage Registration | No Comments »

The question asked by many American Citizens in the United States or Expats in Thailand with a Thai Girlfriend: How do I obtain a Green Card for My Thai Fiancee? Before answering this question, the researcher needs to discern exactly what a Green Card is.

The Document commonly referred to as a “Green Card,” is in fact a term used to describe Lawful Permanent Residence in the USA. In family visa applications, there are essentially two ways of obtaining lawful permanent resident status: applying for an Immigrant visa and obtaining said status upon entry into the United States; or applying for a K1 visa, entering the United States, and applying for permanent residence through the process of adjustment of status. There are two types of lawful permanent residence: conditional lawful permanent residence and unconditional lawful permanent residence. Conditional permanent residence is reserved for those couples who either opt to adjust status in the United States or who have been married less than 2 years at the time they apply for a visa. Conditional permanent residence is conferred upon the entrant who travels to the United States on a CR1 visa. Unconditional permanent residence is conferred upon an entrant to the United States traveling on an IR1 visa.

If seeking an immigrant visa for a Thai fiancee, then the American Citizen will need to marry the Thai national before the application’s submission. In Thailand, marriage registration can be a very straightforward process provided both parties are legally free to marry. A common question with regard to Thai marriage registration: will the US recognize my Thai marriage to my thai fiancee? In short: yes. The United States recognizes the legality and binding effect of a legally sanctified matrimonial union executed in the Kingdom of Thailand provided that it is registered at the local Amphur office.

What about bringing my Thai fiancee to the United States on a K1 visa? This is an option pursued by many Thai-American couples as it is generally the fastest method of getting a Thai fiancee into the United States. The only real downside of the K1 visa is the fact that it requires a post-marital adjustment of status.

Where the fiancee enters and adjusts or marries abroad and enters on an Immigrant visa, if she decides to travel abroad subsequent to acquiring permanent resident status, then she may be wise in obtaining a reentry permit so that a presumption of residential abandonment does not arise. Those who have acquired a US reentry permit are free to remain abroad for up to 2 years without raising the suspicion that they are not ever returing to the United States.

Tags: CR1 Visa Thailand, Fiance Visa Thailand, Green Card, Green Card Thailand, Immigration Lawyer Thailand, K1 Visa Thailand, my thai fiancee, US Immigration Law Thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, Thailand Marriage Registration, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | 15 Comments »

Many people get married in Thailand each year. As a result, one of the most common questions received from clients and potential clients involves foreign recognition of a Thai marriage.  Thailand is not a common law system and therefore, the idea of common law marriage is not a concept upheld by courts in the Kingdom of Thailand. That being said, even though Thailand is a civil law system “customary or religious” marriages are still quite commonplace. This is probably due to the fact that marriage registration can be somewhat difficult, particularly for those who have never dealt with the Thai legal system and bureaucracy in the past.

In Thailand, marriages are registered at the local Amphur office. This office is kind of a combination of continual census taker and what in the American system is called a “court clerk.” The Amphur keeps records of the vital statistics of those living within that office’s jurisdiction. Therefore, the Amphur will record name changes, marriages, births, and deaths in Thailand. It is possible for two non-Thais to marry in Thailand. That being said, each office has their own internal protocol. Therefore, it may be wise to contact an attorney in order to assist with the Thai marriage registration process.

Once a Thai marriage is registered the question is: will the United States of America recognize the union. Put simply, yes. According to the website of the US Embassy Thailand, in cases involving marriages legalized in the Kingdom, “the United States does recognize the validity of such a marriage.” This is a critical question particularly in the context of USA visas. If a couple’s marriage is not recognized by the United States, then a visa application for a CR1 visa or a K3 marriage visa would likely be rejected because the couple does not meet the marriage requirement for visa issuance. Also, a couple who wishes to apply for a k1 fiance visa may create a situation where the application gets rejected because the couple got married in Thailand thinking it would not be recognized in the USA.  In that scenario, USCIS would be compelled to reject the application because the requirement is “intent to marry,” and not actual marriage.

One interesting side note regarding Thai marriage registration deals with prenuptial agreements. In Thailand, the prenuptial agreement is actually registered with the marriage and in a way is incorporated into the marital agreement at the time of registration at the Amphur. For more on this issue please see Thai prenuptial agreement

To sum up, marriages properly executed in Thailand will be viewed as valid in the United States and for purposes of obtaining a US visa or other Immigration benefits. Therefore, marriage in Thailand is not something that should be taken lightly. When thinking of entering into a marriage in Thailand keep in mind that the marriage will be treated just the same as if it had been conducted in the United States.

Tags: K1 Visa Thailand, K3 Visa Thailand, marriage in Thailand, Register a Thai marriage, Thai Marriage, Thailand Marriage Registration, US Visa Thailand
Posted in General Legal Information, K-3 Visa Thailand, K1 Visa Thailand, Thai Family Law, Thailand Marriage Registration, US Visa Thailand | 23 Comments »

Thailand is a very large and somewhat polyglot Kingdom. There are many different dialects of Thai as well as many religious and cultural traditions present throughout the Kingdom. Keeping track of the comings and goings of the Thai citizenry can be a difficult task, luckily there are Thai Immigration authorities deal with these concerns. However, a more important concern, particularly for the common Thai person, is keeping track of the vital statistics records for those resident in the Kingdom of Thailand.

A Thai Amphur office (spelled Amphoe or Ampoe) is best described as a civil registry office. The office is tasked with keeping a record of Thai marriage, Thai divorces, births in Thailand, deaths in Thailand, recordation of Thai prenuptial agreements, and in limited circumstances recordation of Thai wills. In a way, the Amphur office is something of a “Jack of all trades,” office. Another accurate name for this office is a “civil registry.”

Even though the Amphur’s legal mandate does not involve registration of Title deeds for Thai property or Real Estate, a really major part of the Amphur’s role in the Thai bureaucracy involves Thai household registration. A Thai household registration booklet, also known in the Thai language as a Tabien Baan (or Tambien Baan), records the place of a household and the head of the household. It further records how many people live in that household and their names and ages.

The Amphur office maintains the database of this information and is the office that must be used in order to change information listed on the Tabien Baan or when adding a new member to the Thai household registry. Contrary to popular belief, it is possible for foreign nationals to obtain a tabien baan or be registered on an already existing tabien baan. That being said, the only type of Tabien Baan that a foreigner may be listed on is a yellow tabien baan which is different from the blue tabien baan. A blue tabien baan is reserved for Thai citizens and foreigners with Thai permanent residence. It should be noted that the ease of getting on a yellow tabien baan will likely depend upon the office with jurisdiction over the household because local office procedures can differ and this could result in relative difficulty for the prospective registrant.

Foreigners can get married at a local Amphur office regardless of citizenship. However, the procedure for getting two foreign nationals married depends upon each person’s nationality. A person’s nationality and their Embassy’s protocols can affect the marriage process. It is wise to do research or contact an attorney before beginning the marriage registration process.

Tags: Amphoe, Amphur, Tabien Baan, Thai Amphur, Thai Property, Thai Real Estate, Thailand Marriage Registration
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thai Family Law, Thailand Marriage Registration, Thailand Property, Thailand Real Estate | No Comments »

The whole point of obtaining a K1 visa is to allow the Thai fiancee a 90 day visit after traveling to the United States in order to ultimately get married. Should the couple opt not to marry, then the Thai fiancee will need to depart the country before the 90 day visa validity expires.

For those couples applying for an Immigrant Spouse Visa (CR-1 or IR-1) or a K-3 Visa, the marriage should already have taken place as the legal marriage acts as the foundation upon which the visa application is based.

That being stated, unlike Thailand, where marriage registration is a uniform process that essentially involves a trip to the local Amphur office for execution, in America the marriage procedures differ depending upon the state. Also, some states require the couple obtain a marriage license and wait a statutorily prescribed period before marriage. For the convenience of those reading this blog, here is a state by state list of rules regarding US marriage.

One should bear in mind that upon marriage in the USA, the US Citizen should petition for adjustment of status for his new Thai wife.

For more about the above chart please click here

Please be advised that the above is an improper substitute for personal one-to-one legal advice from an attorney. No attorney client relationship is formed between the reader and the author.

Tags: American Visa Thailand, K-1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa Thailand, Marriage, Marriage Registration, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, Thailand Marriage Registration, US Visa and Immigration | No Comments »

An issue that many Thai-American couples grapple with is that of deciding whether or not to register a marriage in Thailand or wait and conduct a marriage in the United States. This is an issue that can have a major impact on a Thai-American couple’s US Immigration options because United States Citizenship and Immigration Services as well as the US Embassy in Thailand view a couple with a registered marriage differently than a couple without a registered marriage. Also, a US Citizen’s marital status vis-a-vis a Thai Fiancee or Thai wife will affect the processing time for the type of visa being sought, and not in a way that most people expect.

The Irony of K1 Visas from Thailand: Why being Unmarried may be Beneficial

A counter intuitive aspect of K1 visas is the fact that they are generally a faster visa and immigration option than a marriage visa. This is due to the fact that there seems to be a lower case backlog of K1 visas at USCIS when compared to CR-1 and IR-1 Visas.  Also, the fact that a K1 visa is a non-immigrant visa might lead to less scrutiny from both USCIS and the US Embassy because the visa does not confer permanent residence, conditional or otherwise. This is not to imply that either adjudicators at USCIS or consular officers at the US Embassy in Bangkok are not fully conducting due diligence, but instead there seems to be an inherently lower level of scrutiny for non-immigrant visas when compared to immigrant visas. This is also true when comparing the K1 visa to a US tourist visa because the applicant for that visa must overcome the 2statutory presumption of immigrant intent. Since a fiance visa is a “hybrid visa” there is no need to overcome the presumption of immigrant intent threshold in order to be granted the visa, as with other non-immigrant visas.

Marriage Visas from Thailand

Some people who have already married in Thailand ask if it is possible to register a Thai divorce and subsequently apply for a K1 visa. Although technically feasible, the discretionary power of adjudicators in both USCIS and the Embassy in Bangkok could result in a finding that the relationship is not bona fide because the couple is divorced only to enjoy the benefit of faster processing times of the K1 visa over the US Marriage visas. For those married and residing in Thailand it may be possible to apply for an immigrant visa at the local USCIS office in Bangkok, in this situation marriage registration may be a boon to the Thai-American couple.

Thanks for reading, for more information please see: Marriage Registration Thailand or US Visa Thailand

(Please note: this writing is intended for informational purposes only and should not be utilized as a substitute for legal advice from a Licensed US Immigration Lawyer. No attorney client relationship is created between the author and any reader of this piece.)

Tags: American Visa Thailand, CR-1 Visa Thailand, IR- Visa Thailand, K1 Visa Thailand, Marriage Registration Thailand, US Marriage Visa Thailand, US Tourist Visa Thailand, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, Thailand Marriage Registration, US Visa and Immigration, US Visa Thailand | No Comments »