If you are widowed then you need the original death certificate and a divorce decree if you are divorced. There is a separate form for this which also needs to be completed. The process for the US Embassy is rather straightforward. Once the affidavit has been notarized you need to have the affidavit or letter of affirmation translated into the Thai language.
The documents now need to be verified at the Department of Foreign Affairs in Thailand which is located in Laksi near the old Bangkok airport. Note that the divorce decree you have or death certificate if you are widowed also needs to be translated and certified. The process at the Department of Foreign Affairs now needs to verify that the documents you gave are valid and are not fraudulent.
They will place a stamp on the documents and you now need to take these documents with you to the District Office in the area. The most foreigner friendly Amphur is the Amphur in Bangrak and this process takes about 30 minutes to complete.
Note you need all the documents, your US passport as well as your divorce decree and death certificate at registration as well. Your Thai fiancée needs to have her Thai ID card as well as her Tabian Baan or ‘House Papers’ during this final process. If you are going to register a prenuptial agreement then you need to have this with you as well. They will issue you with 2 marriage certificates, a multipage document as well as a diploma looking type of marriage certificate.
You can now take these back to the US Embassy in Bangkok to have it notarized if you are planning on take your Thai wife back to the US on a US Spouse visa. Note that you cannot register your marriage at the US Embassy in Bangkok.
If you are getting married in Thailand then ensure that you meet the requirements of the marriage registration as well as having all the documents listed above. To sum up:
- 1. Your passport;
- 2. Your divorce decree (if applicable);
- 3. Your wife/husband death certificated if widowed;
- 4. Your Thai fiancée’s Tabian Baan;
- 5. Your Thai fiancée’s Thai Id card;
- 6. Any children(s) birth certificates;
- 7. Prenuptial agreement.
- 8. Certified and Verified ‘Freedom to Marry’ Affidavit
If you already have a child or children with your Thai fiancée then speak to a family lawyer in Thailand about the process of legitimating the child so that you as a married couple will have you with parental power. This is important if you are going to apply for a K1 visa in Thailand. This is very important should you end in a divorce or dispute later. Always take sound legal advice for a lawyer in Thailand before registering your marriage.