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Lotofdoubts

Bankruptcy with my US husband and impact in citizenship

By Lotofdoubts in Effects of Major Family Changes on Immigration Benefits

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Lotofdoubts Rookie

Lotofdoubts   18

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted

My husband is in a hard spot, he is the breadwinner and USC, I came here three years ago, I have a legal permanent resident status and Im in my window time to file for citizenship. We found ourselves in a moment where only bankruptcy is the option. Im really worry about the impact in my future naturalization result. We are thinking about filing bankruptcy jointly (I don't work, stay at home with our children) My concern is:

1. If we file jointly (can I even be filing as a permanent resident?

2. If I can file jointly with my husband, will that bankruptcy affect the decision when I file for citizenship?

In general, will this prevent me become a citizen?

Thank you

Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

My husband is in a hard spot, he is the breadwinner and USC, I came here three years ago, I have a legal permanent resident status and Im in my window time to file for citizenship. We found ourselves in a moment where only bankruptcy is the option. Im really worry about the impact in my future naturalization result. We are thinking about filing bankruptcy jointly (I don't work, stay at home with our children) My concern is:

1. If we file jointly (can I even be filing as a permanent resident? What do you think took away your residency?

2. If I can file jointly with my husband, will that bankruptcy affect the decision when I file for citizenship?

In general, will this prevent me become a citizen? No.

Thank you

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

EM_Vandaveer Experienced

EM_Vandaveer   2,408

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

Point is: zero effect on naturalization.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Eric-Pris Experienced

Eric-Pris   1,606

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
Posted

Why are you filing bankruptcy, do you have debt in your name too? If not, he can file for his own debt. If so, and you have no job, how did you get credit? Just curious.

BTW- either way, this has no impact on naturalization.

EM_Vandaveer Experienced

EM_Vandaveer   2,408

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

Why are you filing bankruptcy, do you have debt in your name too? If not, he can file for his own debt. If so, and you have no job, how did you get credit? Just curious.

BTW- either way, this has no impact on naturalization.

I'm just guessing here, but TX is a community property state so maybe they could come after her for her husband's debts if she did not file for bankruptcy?

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Rc123rc Rising Star

Rc123rc   528

Posted
Filed: Timeline
Posted

I'm just guessing here, but TX is a community property state so maybe they could come after her for her husband's debts if she did not file for bankruptcy?

It's the same as California. 50/50 split but if one bails on the debt the other has to pick it up. In community property states, it's best to file joint bankruptcy.

 
 

 

 

Chris and ZhiJia Community Regular

Chris and ZhiJia   146

Posted
Filed: Lift. Cond. (pnd) Country: China
 Timeline
Posted (edited)

Why are you filing bankruptcy, do you have debt in your name too? If not, he can file for his own debt. If so, and you have no job, how did you get credit? Just curious.

BTW- either way, this has no impact on naturalization.

You don't need a job to get credit. Her husband can add her to his credit card accounts, car loan, home loan, ect... and all of those will generate credit for her. Whether it be positive or negative credit will all be determined in how well the accounts are managed. But you do not need employment to establish credit in the US, and in many places when bad credit is accrued by the Husband, they can also go after the Wife for collections.

Case in point, my father had a failed business that he owed 1.2million in debt against. He has not paid it off in 30 years. To this day they still try to come after my mother to collect on his debt (they have been separated for 15+ years now) (fwiw, their debt was out of nebraska)

Edited by Chris and ZhiJia

Click Below to View my timeline (spoiler added to reduce visible space consumption)

 

Timeline to date:

11/11/14 - Met online through eHarmony
11/12/14 - Started communication through email (1-2 emails daily)
12/20/14 - Communicating through Phone Calls and Video Calls
07/04/15 - First Trip to China to visit her (spent time at her home, her hometown, and Beijing), Met the whole family.
07/18/15 - Sadly I had to return back to the US
10/01/15 - I am returning back to China to be with her again
10/11/15 - She will accompany me back on the same flight for 30 days
11/14/15 - She returns back to China
12/01/15 - I-129F Fed-Ex'd to the Lewisville address
12/03/15 - Packet signed for by the receiver
12/07/15 - NOA1 Generated
12/11/15 - NOA1 Received
01/14/15 - NOA2 Generated (Approved)
01/28/16 - NVC Received (Still waiting papers for official date)
01/29/16 - NVC Case# Assigned (Still waiting papers for official date)
02/03/16 - Case Sent to Embassy
02/04/16 - Case Received by Embassy
03/03/16 - Packet 3 Received
03/03/16 - Packet 3 Sent back to Embassy
03/04/16 - DS-160 Fee paid
03/09/16 - Packet 4 Received (Documents were prepared in advance)
04/02/16 - I return to China to provide moral and emotional support as she goes to her Interview on the 5th
04/05/16 - Interview Date (APPROVED!!!)

04/25/16 - POE Dallas Texas (DFW) smooth sailing through customs

04/25/16 - Arrived in Nashville, TN 10pm
04/29/16 - Marriage Certificate received
SSN filed somewhere after this point (exact date is not remembered, received after a 30 minute wait)
11/16/16 - AoS packet mailed (i-485, i-765, i-131)
11/18/16 - AoS packet received
12/06/16 - Check Cashed
02/28/17 - EAD and AP Approved
03/02/17 - NOA2 for EAD and AP Arrived
03/02/17 - EAD/AP Card Arrived
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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