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StuartandThea

Money Trouble

By StuartandThea in Canada

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StuartandThea Newbie

StuartandThea   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

I am waiting for my AOS, and almost through all the hurdles of coming here with my husband. I didn't know all the details surrounding his divorce from his ex wife, but it turns out that she got all the assets and he ended up with all the debt. To the tune of 60 thousand dollars. I was a little miffed when I found this out, but he had been making all the monthly payments on this. (It's from a business that they owned together, which closed when they split up, and all the inventory was sold off but they still owed... and he still does) Now the loan is due and they want us to pay 6000$ a month, and with me still not working, it's just not possible.

Couple this with the fact that I still have a home in Canada that hasn't sold in over 6 months, and am now at the end of my own savings, and in fact, just used the last of my credit line to cover a payment, in hopes that it will sell, and give me enough profit to pay my own bills, (only about 6000) and a downpayment on a house here for us. (We're currently renting.) So, the punch to the gut to find out how in debt he ended up becoming in order to be free to marry me, my house still hasn't sold, and it likely won't. The bank told me it will have to go into power of sale if I miss two payments, which at this point, I will. (we make enough to support ourselves and some payments on his bills, and my credit payments, but that's it!)

I have been advised to suggest that he go into bankruptcy here to clear him of debt completely, and to just do nothing about my Canadian debt until such point that I move back to Canada, at which point I would also claim bankruptcy. This scares the ####### outta me! I had a wonderful job back there, made lots of money, covered all my expenses as a single mom and even saved 6 months of expenses to bring with me when I moved... but it's all gone, and now I have no income and really want to know if there are other options available.

We've tried to talk to his bank about the loan, he's been paying the same amount for years now with no issue, and had he not had to get divorced and have to pay a large amount to cover her expenses, pay off the house for her and her car loan and her lawyers fee, (as well as monthly maintenance... )he would have had the debt paid off in a couple years, but now he, and us both, are broke...

I don't mind the idea of him claiming bankruptcy and starting fresh, those debts really sour my stomach for all he had to pay to be divorced, but to do that, then just ignore my problems in Canada until I go home, IF I go home? Is there not some way I can deal with it now from the US?? I'd rather us both bite the bullet...

sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

From the way you worded "the punch to the gut to find out how in debt he ended up becoming in order to be free to marry me" seems that he divorced his wife to be with you. I am no WAY judging you or him at all. There might have been a pre-nup with his ex wife and that maybe why he was shafted the way he was. Even if that wasn't the fact.. there are some back woods jerks of family law judges that like to throw the book at the soon to be ex-husbands for some reason. It sucks you guys are starting out the way you are.

The thing with bankruptcy isn't the 'fresh start' it used to be. Changes in the laws have made it more difficult. A good bankruptcy lawyer will help you. He will have to file either chapter 11 or chapter 13. Both require the sale of assets to pay off the debts and a payment plan. Again, a lawyer would be able to help.

Maybe there will be enough of the debt forgiven that his payments will be substantially lower. That would free up some money to help pay your debts in Canada. I agree, I wouldn't want to throw away a good credit history after all the work it took to obtain it.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

hikergirl Proficient

hikergirl   277

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

There is also the Chapter 7 bankruptcy option if he qualifies. Chapter 7 is considered more of a fresh start but you have to be in a lower income bracket. A consult with a good bankruptcy lawyer would give you both a better idea of what you are looking at.

Have you looked into EI from Canada? Once you have your employment authorization card you can start to collect if I'm not mistaken. There is a thread on it in the Canada part of the Forums. It could help with your bills back home.

StuartandThea Newbie

StuartandThea   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
  • Author
Posted

Yeah, his ex fought the divorce super hard, she's really religious, her father is a baptist minister, and the marriage breakup didn't go so well. We met when they were separated, but she blames the separation and divorce on me. It was really hard all around. He really had a bad lawyer, but gave up everything to be with me. If we didn't have to be married for me to be here, we would have just skipped the divorce and lived together. But yeah, he got all the bad, and she got all the good out of the divorce, she has no expenses and gets 400$ a month from him. He also had to leave his job over all this, (the US is so different, people really are prejudiced, and I wouldn't be able to live peacefully where he was anyway. Separated is different to them than to us, anyone who breaks up a marriage is a homewrecker even if the marriage was already done before they met. I got a lot of hate mail over it, (he's pretty well known there, which also didn't help his case any either) and people even mailed my friends and family on facebook about us. it was awful.)

I should be able to get some EI soon, I have applied, and just waiting for my first cards to come in so that I can get some payments. Unfortunately, I can't hope that it will come in time to cover the next couple of mortgage payments and the house will go into POS. I also have no idea what to expect for payments. If anyone can guesstimate for me? I would make around 1400$ biweekly before taxes...

As to filing bankruptcy, it was Chapter 7 here that was suggested, I haven't looked into the Chapter 11 or 13, but I will, to be prepared, just in case that's what we need to look at.

Ugh... anyone who knows anything about the Canadian side of things though? I can't afford to fly back there to file now for bankruptcy, if that's what happens, but can I do anything from here?

sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Yeah, his ex fought the divorce super hard, she's really religious, her father is a baptist minister, and the marriage breakup didn't go so well. We met when they were separated, but she blames the separation and divorce on me. It was really hard all around. He really had a bad lawyer, but gave up everything to be with me. If we didn't have to be married for me to be here, we would have just skipped the divorce and lived together. But yeah, he got all the bad, and she got all the good out of the divorce, she has no expenses and gets 400$ a month from him. He also had to leave his job over all this, (the US is so different, people really are prejudiced, and I wouldn't be able to live peacefully where he was anyway. Separated is different to them than to us, anyone who breaks up a marriage is a homewrecker even if the marriage was already done before they met. I got a lot of hate mail over it, (he's pretty well known there, which also didn't help his case any either) and people even mailed my friends and family on facebook about us. it was awful.)

I know how that goes. My husband and I met when I was separated, and my ex blamed him for everything (never mind he beat on me) and dragged the divorce out for two years. The ex's family were big wigs in the small town we lived in (uncle was the mayor)and they took ever opportunity they could to drag me through the mud.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

Ontarkie Grand Master

Ontarkie   14,424

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

If at all possible since he is the one that has more the 60k of debt let him do the bankruptcy alone. If that is possible.

If you manage to sell your house then you can put that money away and start a credit score for yourself in the US. I don't know how much you have in debt in Canada but unless it is large also I wouldn't bother with bankruptcy there. If your house is with realtor get them to lower the listing price to make it a bit more enticing, I took a much lower offer just to get it sold faster. If he can get his debt taken care if it would help you much better with yours.

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sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

If at all possible since he is the one that has more the 60k of debt let him do the bankruptcy alone. If that is possible.

If you manage to sell your house then you can put that money away and start a credit score for yourself in the US. I don't know how much you have in debt in Canada but unless it is large also I wouldn't bother with bankruptcy there. If your house is with realtor get them to lower the listing price to make it a bit more enticing, I took a much lower offer just to get it sold faster. If he can get his debt taken care if it would help you much better with yours.

As long as they do not have any joint credit, she does not have to be included in his bankruptcy.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

Hugglebuggles Experienced

Hugglebuggles   60

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

What about renting out your home to cover the mortgage payments?

That's what I was thinking. You may be able to even find someone that would be willing to do a month-to-month, which would still give you the option of selling if a good offer came in.

sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

That's what I was thinking. You may be able to even find someone that would be willing to do a month-to-month, which would still give you the option of selling if a good offer came in.

Or maybe Rent to own on a land contract?

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

 
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