Evidences & Bankruptcy

[christera22 8]

Hi All,

My conditional green card expires in July,2011. Thus we have to apply for ROC in april. I am collecting all evidences. Here is a approximate list :

1)Joint Bank accounts

2) Joint Tax Returns

3) Company online salary account profile showing us husband and wife

4) NO Joint Ownership of property ( we are stating we cannot as my wife would be decalring bankruptcy and her bad credit may affect me )

5)Joint car insurance

6) NO Joint Credit cards ( we are stating we cannot as my wife would be decalring bankruptcy and her bad credit may affect me )

7) Common address in photo ids

8) Common utility bills ( electricity, water and trash )

9) Joint AAA membership

10) Joint stock holdilting

11) Common Phone bills

12) Joint cable bill

13) We have a small business together

14) Joint membership in cultural organisation

15) Joint Dog registration

16) Hotel receipts and pics of honeymoon.

17) Letters from friends and her daughter.

18) Joint loan for buying a washer.

Here are my questions :

A) Problem is my wife wants to file bankruptcy and if we do that we have to take my name out of the joint cheking account account we have. I can still pay the AOS money from my salary account but then wd`nt seperating my name from the joint account weaken the fact of joint finances ??

What should we do ? Should we wait until I get the 10 yr card or not showing a joint account account wd really affect ( we can explain the situation on he pictthe cover letter though )

B) Regarding pictures : Do we need to show pictures from the time I am here ? means the pictures we showed in the last AOS interview can also be included ? or shd we show only the new pictures we have got for the last two years ?

I would appreciate all responses and advices . Thanks a lot

Edited February 21, 2011 by christera22

[Dr Mirage 0]

I'm very concerened about your wife wanting to file for bankruptcy and how this will affect the ROC.

Can I suggest asking a lawyer for advise or maybe someone can fill in on this matter.

[VanessaTony 3,567]

I'm very concerened about your wife wanting to file for bankruptcy and how this will affect the ROC.

Can I suggest asking a lawyer for advise or maybe someone can fill in on this matter.

Why do you think it will matter? It WOULD matter if this was AOS but it doesn't matter for ROC because the Affidavit of Support was approved at the AOS stage and carries through the ROC process. You don't need to prove income at the ROC stage. The contract is still binding.

This link here: http://newsgroups.derkeiler.com/Archive/Misc/misc.immigration.usa/2007-07/msg00655.html posts a few I-864 links but the main thing is this sentence "Divorce and/or bankruptcy do not discharge this obligation." so it's still in force. It's not actually a "debt" so it can't be cancelled anyway, it's an agreement to pay the debt if the debt occurs.

Edited February 21, 2011 by Vanessa&Tony

[Jupiter07 12]

I'm very concerened about your wife wanting to file for bankruptcy and how this will affect the ROC.

Can I suggest asking a lawyer for advise or maybe someone can fill in on this matter.

I like the way sometimes people post their opinions as if they are hard facts.

[Anh map 2,098]

Bankruptcy should not have an effect on removing conditions.

A few photos are nice, be sure to show a comingling of lives as you've done with your list.

Suggestion: If you are renting include apartment leases. If living with family include an affidavit from the homeowner.

OT - As far as I know there is no need to take your name off a joint checking account. For personal bankruptcy the entire household income (husband and wife) is considered when calculating repayment obligation even when only one spouse files a BK.

[Dr Mirage 0]

I apologize. I didn't know that bankruptcy does not affect ROC. I was stating that I was concerened and I suggested asking a lawyer for advise or someone in the board can offer advise.

I like the way sometimes people post their opinions as if they are hard facts.

[christera22 8]

Thanks Vanessa&Tony and Anh map. Yes we are waiting to meet her lawyer with a bunch of questions. No we do not have a appartment lease as she owns her house and we have not put my name on it only because her bad credit may affect me and because of the plan for bankruptcy. But we have common tax filing, drivers permit, company hr profile showing the same address and her as my wife, loan account showing my adddress. Hope this wd be fine.

[christera22 8]

As Vanessa&Tony said " It WOULD matter if this was AOS but it doesn't matter for ROC because the Affidavit of Support was approved at the AOS stage and carries through the ROC process. You don't need to prove income at the ROC stage. The contract is still binding." - I am a bit confused about this as they approved me on her sponsoring me on the I-864 on the fact that she has enough earning.The fact is though she is filing bankruptcy her income remains the same.... so ideally they shd not have any problem with that.

Anyone else replying this would be highly appreciated.

[Dr Mirage 0]

This is good to know that it would not matter. However, since you guys are waiting to see the lawyer, might as well ask. Since lawyers will have a more concrete answer.

I would be interested if anyone else would have something to add and would like feedback after you meet with the lawyer.

As Vanessa&Tony said " It WOULD matter if this was AOS but it doesn't matter for ROC because the Affidavit of Support was approved at the AOS stage and carries through the ROC process. You don't need to prove income at the ROC stage. The contract is still binding." - I am a bit confused about this as they approved me on her sponsoring me on the I-864 on the fact that she has enough earning.The fact is though she is filing bankruptcy her income remains the same.... so ideally they shd not have any problem with that.

Anyone else replying this would be highly appreciated.

[Jupiter07 12]

This is good to know that it would not matter. However, since you guys are waiting to see the lawyer, might as well ask. Since lawyers will have a more concrete answer.

I would be interested if anyone else would have something to add and would like feedback after you meet with the lawyer.

There are pple on this forum who have been given ridiculous advice by lawyers. Not all of them know what they are doing when it comes to immigration. Just saying.

[bayojona3231 4]

A few photos is a good idea. Regarding bankruptsy, I would consult a great immigration attorney. Good luck on your journey.

Hi All,

My conditional green card expires in July,2011. Thus we have to apply for ROC in april. I am collecting all evidences. Here is a approximate list :

1)Joint Bank accounts

2) Joint Tax Returns

3) Company online salary account profile showing us husband and wife

4) NO Joint Ownership of property ( we are stating we cannot as my wife would be decalring bankruptcy and her bad credit may affect me )

5)Joint car insurance

6) NO Joint Credit cards ( we are stating we cannot as my wife would be decalring bankruptcy and her bad credit may affect me )

7) Common address in photo ids

8) Common utility bills ( electricity, water and trash )

9) Joint AAA membership

10) Joint stock holdilting

11) Common Phone bills

12) Joint cable bill

13) We have a small business together

14) Joint membership in cultural organisation

15) Joint Dog registration

16) Hotel receipts and pics of honeymoon.

17) Letters from friends and her daughter.

18) Joint loan for buying a washer.

Here are my questions :

A) Problem is my wife wants to file bankruptcy and if we do that we have to take my name out of the joint cheking account account we have. I can still pay the AOS money from my salary account but then wd`nt seperating my name from the joint account weaken the fact of joint finances ??

What should we do ? Should we wait until I get the 10 yr card or not showing a joint account account wd really affect ( we can explain the situation on he pictthe cover letter though )

B) Regarding pictures : Do we need to show pictures from the time I am here ? means the pictures we showed in the last AOS interview can also be included ? or shd we show only the new pictures we have got for the last two years ?

I would appreciate all responses and advices . Thanks a lot

[christera22 8]

I am curious :

a) if bankruptcy wd create any problem with the previous I-864

b)i am yet to find a bankruptcy lawyer who knows about immigration or a immigration lawyer who knows about bankruptcy. Pretty rare. My wife`s bankruotcy lawyer does`nt know anything about immigration.

Guess I have to google myself. Any imputs wdbe highly appreciated.

Thanks

[christera22 8]

I dont think it create any difference as Gary and Alla says in this post:

LINK

but as i said in my last post finding such lawyers is still a problem.... i wd give a feedback once i talk to the BK lawyer. Thanks

Edited February 23, 2011 by christera22

[christera22 8]

By the way just needed VJ comments on this evidences list :

1)Joint Bank accounts

2) Joint Tax Returns(3 yrs)

3) Company online salary account profile showing us husband and wife

4) My drivers permit and her drivers license showing same address.

5) Common address in photo ids

6) Joint Electricity bill

7)Joint water bill

8)Joint Trash bill

8A)Joint loan for buying a washer.

9) Joint AAA membership

10) Joint stock holding

11) Common Verizon bills

12) Joint Timewarner bill

13) We have a small business together

14) Joint membership in cultural organisation

15) Joint Dog registration

16) LOts of pics

17) Letters from friends and her daughter.

18) My online credit statement showing different gifts bought online and valentines day restaurant bill.

We do not have :

a)Joint house lease. The house is in her name but as she is back on house payments and about to file bankruptcy , she doesnt want to hurt my credit.

b)No Joint Credit Card because of the same reason

c)No car registration due to the same reason

How does the evidences list show .... what else can we add...any advice wd be highly appreciated. I am a bit tensed with this list.

Thanks

[BHK_Ren 11]

I'd say your list is pretty comprehensive for the ROC. I cannot think of any compelling piece of evidence you might have left out; at this point, I would send the packet and relax. Generally speaking, I believe the USCIS officers looking through these packets we all send develop a pretty good sense for relationships that are genuine, even when there is little documentary evidence to "prove" a relationship. You seem to have plenty of substantive documentary evidence, so I would just go ahead and send the ROC and not worry about it. Furthermore, from your original post, it sounds like you have a few other matters that are pressing and I wish you luck with those.