Filing bankruptcy when only still a conditional resident

[yorkshirerose22 4]

Hello, really hope someone can help..

Me and my husband live in Southern California and we are in huge debt. My husband had debt before we met, but it has increased since.

My husband has been unlucky in employment and has been in and out of work over the past couple of years only getting temporary work, he is working at the moment but again its only temporary.

I am looking for work myself but havent yet been sucessful.

All of my husbands paychecks goes on our bills/debt, i am worried for our future, to be able to have a family, being able to do things together, go and visit my family in England ect. I never had debt back home, i didnt have credit cards and i never borrowed money.

We live with my husbands father so we are lucky to have a roof over our heads, but one day me and my husband will have to take over the house bills ( Morgage ect) and with this debt we will not be able to do that.

We have to file to remove my conditional resident status next year round about june.

So my question is... if my husband/we filed bankruptcy would this cause problems in me getting my 10 year green card???

We really want to start a fresh.

Any advice is much appriciated,

Thank you

[Deputy Purple 1,294]

No.

If the debt is all in his name then he should file individually. This will leave you clear of it and able to build your own credit.

Edited September 2, 2011 by Bob 4 Anna

[Brother Hesekiel 2,236]

No.

At he I-751 stage and thereafter (at the N-400 stage), your financial situation is completely irrelevant.

[Penguin_ie 5,996]

No.

Keep in mind if getting a mortgage etc is of primary concern, your credit will be shot for a number of years after filing bancruptcy.

[NigeriaorBust 4,087]

Filing for brankruptcy will follow you both forever. Many applications for employment ask if you EVER filed as do applications for mortgages. Throw away the cards and pay the money you spent off. It will be hard but it is the right thing to do for you future. Even though it comes off your credit report they can ask forever and you must answer honestly.

[yorkshirerose22 4]

Thank you for the replys and advice..

We are right now living with my husbands father, but me and my husband are also on the house deeds.. but of course my father in law is paying the morgage right now. WE are in so much debt we can not even afford to pay any board money.

I think my father in law wants to leave the house to my husband, but the morgage wont be paid off any time soon, so we will be then paying for all the bills and if we still have this debt we will never be able to afford it and we will have no place to live.

I want to make a fresh start.. Get rid of the credit cards and never be in this situation again..

My father in law filed bankcruptcy many years ago and he said he has never had a credit card since and seems he never had problems over the years. Im sure alot of things have changed tho since then.

Our main concern was if we filed bankcruptcy, would it raise red flags and cause problems in me getting my 10year green card. When we of cause doing the visa stuff, my husband had to prove he could support me, so my husband is affraid if we did file it would show he couldnt support me.

Really appreicate the feedback

Thank you

[robbyrob 2]

Once you are here the uscis is not concerned with your financial status. They are more concerned with bonafide marrige in good faith. This mean comingling of assets, credit, debts, etc. Etc. Etc. They want to know that you live together and are still living together, mixing your financials, paying taxes jointly and all that stuff. Bankruptcy should not be an issue. It will only affect your credit for about 7 yrs, which has nothing to do with your uscis I-751. Goodluck.

[Helen Louise Pile 80]

Can't he figure out a way to lower payments or buy some extra time on his debts?

It will be hard but filing bankruptcy seems extreme. And as others said...you will be asked about it later. I have seen it on forms.

Can you find a job...any old job. McDonalds etc? (That's probably what I would do) If you are living at his fathers it seems like a perfect opportunity to work hard and save and pay off as much as you can to set yourselves up for the future.

Sorry to hear your situation.

I wish you well

Helen

[Gary and Alla 3,694]

So my question is... if my husband/we filed bankruptcy would this cause problems in me getting my 10 year green card???

Thank you

Not at all.

[yorkshirerose22 4]

My husband is already paying the minimum on the monthly payments.. We are in BIG debt. Seems like my husband is only paying the interest so its not going down... We want to be able to help his father.. my husband been spending alot of years trying to get it down, over the past few year employments been up and down. My husband has had this debt for a long time.. It hasnt helped when he was out of work and we needed money for my visa stuff..ect

I dont wanna work for peanuts and it al goes on debt.. i want me and my husband to start a fresh and me and my father in law think bankcruptcy is the best thing for the amount of debt we r in. I want to be able to cut up all the credit cards and never have them again.

But of course i dont want todo it if it will course problems in me getting my 10 year green card and thats what i wanted to make sure..

If we have bad credit aleast we carnt get in debt.. and we can work on saving money.

[NigeriaorBust 4,087]

You don't want to pay off your debts but you had no trouble enjoying whatever got you into debt. There are credit consuling services that can help you make arrangements to pay off the creditors. One thing they will do is make you get rid of the credit cards. As I have said a brankruptcy will follow you FOREVER. It will show on a credit report of 7 years but institutions are free to ask if you EVER filed. It will cuase you to lose out on jobs and make interest on future homes higher. So filing may be a quick fix you pay for over and over. Contact each and every credit issuer and explain to them that you are over your heads and want to make payment arrangements ( and close the credit line )

[Helen Louise Pile 80]

I dont wanna work for peanuts and it al goes on debt.. i want me and my husband to start a fresh and me and my father in law think bankcruptcy is the best thing for the amount of debt we r in. I want to be able to cut up all the credit cards and never have them again.

You should think a great deal about it before you do anything. It seems extreme.

If it were me I'd work for peanuts in several different places to make sure we got out of it. That's just me though.

I don't think you get to 'start fresh' in this situation. It follows you. I actually did see it on a job application form recently. I don't know what they do with that information though.

People say it doesn't effect your ROC. So that is good for if you really decide to go through with it.

Goodluck with everything.

[SLDFK 4]

I dont wanna work for peanuts and it al goes on debt.. i want me and my husband to start a fresh and me and my father in law think bankcruptcy is the best thing for the amount of debt we r in. I want to be able to cut up all the credit cards and never have them again.

Filing for bankruptcy does not give you a "fresh start". You still have to pay back some of it. And the portion of your debt that gets forgiven, take a guess as to who pays for that.

Don't get me wrong. For some people, it's their only option. But when you said "I don't wanna work for peanuts" to pay YOUR debt, it left a very bad taste in my mouth.

[VadnVince 24]

Best advise I've seen is for HIM to file bankruptcy, individually. Your credit will needs to be established on your own. Speaking from EXPERIENCE, bankruptcy will NOT follow you "FOREVER". BK will disappear from your credit report after 10 years as if it never happened and your credit score can improve inside of 2 years. It will be difficult to get credit at lower rates, but you WILL be able to get credit and slowly but surely, your husband will be able to rebuild his credit. In fact, he will be OFFERED credit as soon as the discharge is complete from all kinds of car dealerships, because they KNOW he can't file BK again for the next 7 years. The Visa process does not look at your credit rating. From EXPERIENCE - I filed BK so that I would not have the debt as part of my new wife's life. Also, file Chap 7 instead of trying to be a "good citizen" and filing Chap 13. They're BOTH BK and will show up on your credit. It's not the Dark Ages, so you won't be condemned "Forever" as stated. Businesses file BK all the time to stay in business, so can individuals!

[NigeriaorBust 4,087]

Employment appplicaitions where I work ask did you EVER as do the security clearance papers. Also every mortage app I have seens asks have you EVER filed. Sure you can get a car and a jc penny card. But what about good rates for a house ?