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Filed: K-3 Visa Country: Philippines
Timeline
Posted

During the process of petitioning my wife, I've run into terrible financial times. My I-130 was just sent in a few days ago, and I'll be filing for bankruptcy the beginning of September. Will filing for bankruptcy affect the approval of my petition for my wife? Should I wait to file bankruptcy? I make over $22,000 a year and I've heard that is the only qualifying factor as far as finances are concerned. Is that correct?

Filed: AOS (pnd) Country: Canada
Timeline
Posted

The other factor is assets, which might help your case as a sponsor. But if you're filing for bankruptcy, the assumption is that you don't have assets such as savings or investments.

I'd start looking for a co-sponsor with a history of reliable income. I'd also get familiar with the Affidavit of Support requirements at your Embassy.

I don't know if the bankruptcy issue will come up. I'm assuming you'll be asked for at least one tax return, but may be able to provide more if you think it paints a better picture. Check Embassy Info top of this page.

If you fill in your timeline and signature, folks can see where you are in process. You may be filing for bankruptcy in September, but you might also start a new job at the time, right? If you take a job (any job), you may have enough pay stubs at the Package 3 stage to satisfy the income requirements. Personally, I'd get a co-sponsor as a back up, but that's just one opinion.

I-130 sent Mar 30, 06

approved Aug 15, 06

I-129f sent April 24, 06

approved July 27, 06

Montreal interview Jan 18, 07

POE Toronto Jan 28, 07

EAD sent Jan. 30, 07

transferred to Vermont Feb 12

biometrics Feb 22

approved March 13

card returned undeliverable! March 27

called after 6 weeks to have EAD re-sent

AOS sent Jan. 30, 07

biometrics Feb 22

RFE for complete medical (!) Feb 23

Called Senator from NJ - never returned call

Infopass March 19 (no help)

Replied to RFE with duplicate medical March 19

Sent additional evidence (I-693A) March 26

NBC received supplement March 30

touched April 4

Interview July 16

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Since you will be dealing with the Embassy in Manila, you might want to do some more research in using a co sponsor as several on this forum are reporting that Manila Embassy does not accept co sponsors. While it does not propose a problem for me personally I don't think its right to change the rules we are playing by here in the States out at different embassies.

04/25/2006 l married Cebu Philippines

11/28/2006 l Interview US Embassy Manila

12/15/2006 l Received k3 VISA

12/27/2006 l POE Detroit USA - Home!!!

AOS - Dallas DORA

07/17/2007 l AOS Interview - accepted into DORA 90 day program

09/06/2007 l Biometrics Appointment Dallas Texas

10/15/2007 l AOS Approved - received "Welcome to the United States" Letter

10/23/2007 l Received Greencard "Permanent Resident Card"

next: lift greencard 2yr condition June/2009 / goal: US Citizenship - 2010

Posted
The other factor is assets, which might help your case as a sponsor. But if you're filing for bankruptcy, the assumption is that you don't have assets such as savings or investments.

I'd start looking for a co-sponsor with a history of reliable income. I'd also get familiar with the Affidavit of Support requirements at your Embassy.

I don't know if the bankruptcy issue will come up. I'm assuming you'll be asked for at least one tax return, but may be able to provide more if you think it paints a better picture. Check Embassy Info top of this page.

If you fill in your timeline and signature, folks can see where you are in process. You may be filing for bankruptcy in September, but you might also start a new job at the time, right? If you take a job (any job), you may have enough pay stubs at the Package 3 stage to satisfy the income requirements. Personally, I'd get a co-sponsor as a back up, but that's just one opinion.

Why does he need a cosponsor?????? Unless there are additional dependents, he already has adequate income. The bankruptcy is not an issue here.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Filed: K-3 Visa Country: Philippines
Timeline
Posted

They dont carre about your bankruptcy, all they care about is that line 22 of your 1040 says more than 17,600 for you and your new wife. They are more interested in what are you going to do for me today than what you did in the past, really!

Everything is going to be OK, you dont need a co-sponsor, just relax everything is going to be just fine!

Rob and Melinda

I-129F

Filed New I-129F form with IMBRA June 19, 2006

NOA 1 June 26, 2006

Touched July 3, 2006

I-129F Approved by E mail August 21, 2006, Just 63 Days

NOA 2 for I-129F Received in the Mail August 26th, 2006

I-129F at NVC

Case Number assigned at NVC August 29, 2006 MNL2006XXXXXXXXX

NVC sends the I-129F to the Manila Embassy August 29th, 2006

Embassy in Manila Receives I-129F August 31st, 2006

Packet 4 Received by Melinda from Manila Embassy October 1, 2006

Interview at Us Embassy Manila, October 18, 2006

Visa Approved! Interview Completed.

Visa Delivered by DELBROS October 28th, 2006

October 30, 2006 Arrived back in LAX with Melinda, were going to Disneyland!!!

November 6th, 2006, Melinda and I are back home in Winslow Arizona loving Life!

Filed: AOS (pnd) Country: Canada
Timeline
Posted

Sorry, I was thinking there might be debt payments that would reduce his income. But I guess there aren't any with bankruptcy.

I-130 sent Mar 30, 06

approved Aug 15, 06

I-129f sent April 24, 06

approved July 27, 06

Montreal interview Jan 18, 07

POE Toronto Jan 28, 07

EAD sent Jan. 30, 07

transferred to Vermont Feb 12

biometrics Feb 22

approved March 13

card returned undeliverable! March 27

called after 6 weeks to have EAD re-sent

AOS sent Jan. 30, 07

biometrics Feb 22

RFE for complete medical (!) Feb 23

Called Senator from NJ - never returned call

Infopass March 19 (no help)

Replied to RFE with duplicate medical March 19

Sent additional evidence (I-693A) March 26

NBC received supplement March 30

touched April 4

Interview July 16

Filed: K-3 Visa Country: Philippines
Timeline
Posted
Sorry, I was thinking there might be debt payments that would reduce his income. But I guess there aren't any with bankruptcy.

Thank you all for your help. If anyone has more info on this topic, let me know. I'm relieved to know the embassy only cares about the bottom line because I do meet the income requirement.

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Sorry, I was thinking there might be debt payments that would reduce his income. But I guess there aren't any with bankruptcy.

Thank you all for your help. If anyone has more info on this topic, let me know. I'm relieved to know the embassy only cares about the bottom line because I do meet the income requirement.

Hello Loni&Ekai,

YES and don't worry because you do meet the income requirements. I've friend (Emelyn) her husband has an income of $22,000 per annum same with you. My husband's income is very very high. Emelyn and I had our interview last Thursday August 24, 2006 and thank GOD we got APPROVED. I am willing to help and answer your question if you have. I hope I could keep in touch with your wife. I am from Davao City, Philippines.

Timeline:

08-15-05 - First met in person (Davao City)

08-21-05 - Got engaged

11-03-05 - Second visit waiting for our wedding

11-10-05 - Wedding Day

11-11-05 - Honeymoon (Pearl Farm Resort 2 nights)

12-08-05 - CFO Seminar (Got Certificate)

01-26-06 - I-129F Sent

02-02-06 - I-129F NOA1 Received

03-12-06 - Third visit of my hubby

04-11-06 - I-129F NOA2 Received

04-25-06 - Consulate Received

05-23-06 - Packet 4 Sent

06-16-06 - Packet Received delivered at home by DELBROS

06-20-06 - Fourth visit of my hubby and I've done my med. exam. too (PASSED)

08-24-06 - INTERVIEW (APPROVED)

08-??-06 - Waiting the VISA

09-10-06 - Fifth visit of my hubby and will be going to US together.

I-130

11-19-05 - I-130 Sent

01-07-06 - I-130 NOA1

04-18-06 - I-130 Approval

Sweety_33

Posted
During the process of petitioning my wife, I've run into terrible financial times. My I-130 was just sent in a few days ago, and I'll be filing for bankruptcy the beginning of September. Will filing for bankruptcy affect the approval of my petition for my wife? Should I wait to file bankruptcy? I make over $22,000 a year and I've heard that is the only qualifying factor as far as finances are concerned. Is that correct?

USCIS, NVC don't care about bankruptcy as long as you have enough income to support your wife. However, Embassy can ask any questions they feel like asking.

I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

Posted
Sorry, I was thinking there might be debt payments that would reduce his income. But I guess there aren't any with bankruptcy.

debt payments do not figure into it either. You are not required to declare your bills/debt. Unfortunately, it is possible to qualify financially even if you have unsurmountable debt that consumes every penny of your income.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Filed: K-3 Visa Country: Philippines
Timeline
Posted
Since you will be dealing with the Embassy in Manila, you might want to do some more research in using a co sponsor as several on this forum are reporting that Manila Embassy does not accept co sponsors. While it does not propose a problem for me personally I don't think its right to change the rules we are playing by here in the States out at different embassies.

Yes-Very true. I personally waited in line for 2 hours at the Embassy in Manila just to ask the question "can I use a co-sponsor for a K-1 Visa" the answer- "NO" they will though allow a co-sponsor when filing for a K-3 Visa. Now I also read this on the board before going to the Philippines and that is why I double checked-just to make sure- this was in January but Gosh-I sure hope they arent turning down co sponsors for K-3's also now.If anyone knows forsure please let me know

---------------------------------- Pre I-130 ----------------------------------------

Sep-03-2005 - Met Online,spent hours every night on Yahoo Messenger for weeks on end. Falling in Love

Jan-10-2006 - First trip to the Philippines(14 Days) to meet Marie. Our Love is confirmed.

Jan-14-2006 - Asked Marie to Marry me. She said Yes- the next 10 days were heaven

Jan-24-2006 - Had to go back the the U.S. Wasnt a good day.

Aug-01-2006 - Second Trip to see Marie.

Aug-15-2006 - We got married, It feels so right!

Aug-24-2006 - Back home to the U.S. Again. Leaving this time was by far worse than the last.

Sep-03-2006 - 1 year since Marie and I met online

---------------------------I-130 w/K3 intention ------------------------

Sep-05-2006 - I-130 sent to Nebraska - Thanks to the help of the forum our Journey begins

Sep-18-2006 - NOA1 for the I-130 received in mail

Sep-27-2006 - I-129F sent to Chicago

Oct-04-2006 - NOA1 for the I-129F Received in mail

Oct-12-2006 - Email from USCIS - I129F transferred to California Service Center on Oct. 11th

Oct-18-2006 - Email from California saying they received my I-129F for processing

Nov-02-2006 - Email from CRIS(early afternoon) -I129F approved

Nov-02-2006 - Email from CRIS (late at night) - I130 approved

Nov-06-2006 - I129F and I130 NOA2 received in mail-Hooray!!!

Posted

Since you will be dealing with the Embassy in Manila, you might want to do some more research in using a co sponsor as several on this forum are reporting that Manila Embassy does not accept co sponsors. While it does not propose a problem for me personally I don't think its right to change the rules we are playing by here in the States out at different embassies.

Yes-Very true. I personally waited in line for 2 hours at the Embassy in Manila just to ask the question "can I use a co-sponsor for a K-1 Visa" the answer- "NO" they will though allow a co-sponsor when filing for a K-3 Visa. Now I also read this on the board before going to the Philippines and that is why I double checked-just to make sure- this was in January but Gosh-I sure hope they arent turning down co sponsors for K-3's also now.If anyone knows forsure please let me know

Far as what I have heard is that Manila is having alot of problems with the K-1s thus they are getting alot stricter on K-1s (Domestic Abuse, US citizen abandoning immigrant fiance) This may be some evidence to prove how much harder it is now.

Other then that, once you get past everyone before the actual consul, as long as you make enough and don't dress like an idiot, you should be fine, that is if you are going to the interview (which also helps out too, shows how much you care)

 
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