Beneficiary Bankruptcy

[VB78 1]

Hi,

 

I came here to US last year using K-1 visa. Just got my green card recently. However, I am facing a problem now and hoping there is someone who can help me here. Back to my country, I am having an outstanding personal loan. Since I got here, I did not pay the monthly payment for that personal loan anymore because I am not able to work and when I got my Employment Authorization Card, luck is not with me because no company want to hire me without a green card. Recently, I got a warning letter from the bank at my country stated that they are in the middle filing for bankruptcy for me. I was trying to negotiate with them, however they does not want to change their decision. The question is, will my bankruptcy affect me here? Will it affect when I want to file for ROC or citizenship? 

 

 

[EM_Vandaveer 2,408]

It will not affect you. It wouldn't affect you even if it was bankruptcy here in the US.

[GreatDane 366]

If your bankruptcy was on purpose - you racked up debt before you immigrated and didn't intend to pay it back as you were leaving the country, especially to fund trips/expensive goods/etc., it could affect naturalization. It could work against you for being of good moral character. If that isn't the case, then it's absolutely no problem. Typically, people who file bankruptcy are hard working people who've fallen on hard time and the American culture believes in second chances. 

[Jojo92122 1,924]

14 minutes ago, GreatDane said:

If your bankruptcy was on purpose - you racked up debt before you immigrated and didn't intend to pay it back as you were leaving the country, especially to fund trips/expensive goods/etc., it could affect naturalization. It could work against you for being of good moral character. If that isn't the case, then it's absolutely no problem. Typically, people who file bankruptcy are hard working people who've fallen on hard time and the American culture believes in second chances. 

Ha. Ha.  Please show a case where naturalization was affected by bankruptcy.  Please don't make stuff up.

 

Have you ever been to bankruptcy court?  Hard working people falling on hard time?  Ha. Ha.  It's people who lived beyond their means and ran up credit card debts. 

 

[GreatDane 366]

Nope, never needed to go to bankruptcy court myself. You definitely have two types of people though. Our contractor just filed for personal/professional bankruptcy. Pretty sure he hid money away and scammed his clients.

 

https://www.bankruptcytruth.com/learning-center/legal-updates/333-bankruptcy-and-immigration-status/

[Jojo92122 1,924]

2 minutes ago, GreatDane said:

Nope, never needed to go to bankruptcy court myself. You definitely have two types of people though. Our contractor just filed for personal/professional bankruptcy. Pretty sure he hid money away and scammed his clients.

 

https://www.bankruptcytruth.com/learning-center/legal-updates/333-bankruptcy-and-immigration-status/

Lets stay on subject.  You said bankruptcy can affect naturalization.  Please back that up.

[GreatDane 366]

5 minutes ago, Jojo92122 said:

Lets stay on subject.  You said bankruptcy can affect naturalization.  Please back that up.

HOW DOES BANKRUPTCY AFFECT IMMIGRATION?

To become a citizen or lawful permanent resident of the US, you must prove that you have ‘good moral character’.

However, there is no hard and fast rule of what ‘good moral character’ is and what it is not.

The ‘good moral character’ requirement enables the immigration case agent to look at the larger picture of your life, and make sure that you’re not a ‘trouble maker’.

A bankruptcy could be evidence of bad character if you had deliberately run up tens of thousands of dollars in debt, and then filed for Chapter 7 bankruptcy or Chapter 13 bankruptcy, such as:

• Paying for a destination wedding
• Using the bankruptcy laws to avoid paying alimony to your ex-spouse even though you had enough income to pay it
• Funding a lavish lifestyle

Edited July 24, 2018 by GreatDane

[GreatDane 366]

I would argue this could be an exception, not the rule. Generally, bankruptcy is a non-issue for immigration and rightfully so. It's only an issue if there was fraud about the bankruptcy. In this case, there could be OP knew they had an obligation, wouldn't be able to work, and wasn't paying on the debt after moving abroad.

Edited July 24, 2018 by GreatDane

[VB78 1]

1 hour ago, GreatDane said:

If your bankruptcy was on purpose - you racked up debt before you immigrated and didn't intend to pay it back as you were leaving the country, especially to fund trips/expensive goods/etc., it could affect naturalization. It could work against you for being of good moral character. If that isn't the case, then it's absolutely no problem. Typically, people who file bankruptcy are hard working people who've fallen on hard time and the American culture believes in second chances. 

I did not do that on purpose. I want to pay the loan, however I am not able to work yet. I contacted the bank and asking their kind understanding regarding that. Explained the situation and promise I will start paying it when I able to work. However, the bank does not want to do that.

[VB78 1]

45 minutes ago, GreatDane said:

HOW DOES BANKRUPTCY AFFECT IMMIGRATION?

To become a citizen or lawful permanent resident of the US, you must prove that you have ‘good moral character’.

However, there is no hard and fast rule of what ‘good moral character’ is and what it is not.

The ‘good moral character’ requirement enables the immigration case agent to look at the larger picture of your life, and make sure that you’re not a ‘trouble maker’.

A bankruptcy could be evidence of bad character if you had deliberately run up tens of thousands of dollars in debt, and then filed for Chapter 7 bankruptcy or Chapter 13 bankruptcy, such as:

• Paying for a destination wedding
• Using the bankruptcy laws to avoid paying alimony to your ex-spouse even though you had enough income to pay it
• Funding a lavish lifestyle

Our wedding only happen at courthouse without any reception and I do not buy luxury thing with that loan. I make that loan to help out my family member who promise will pay the installment payment

[VB78 1]

55 minutes ago, Jojo92122 said:

Ha. Ha.  Please show a case where naturalization was affected by bankruptcy.  Please don't make stuff up.

 

Have you ever been to bankruptcy court?  Hard working people falling on hard time?  Ha. Ha.  It's people who lived beyond their means and ran up credit card debts. 

 

Will it affect my ROC and naturalization?

[Tinman71 42]

2 hours ago, VB78 said:

Hi,

 

I came here to US last year using K-1 visa. Just got my green card recently. However, I am facing a problem now and hoping there is someone who can help me here. Back to my country, I am having an outstanding personal loan. Since I got here, I did not pay the monthly payment for that personal loan anymore because I am not able to work and when I got my Employment Authorization Card, luck is not with me because no company want to hire me without a green card. Recently, I got a warning letter from the bank at my country stated that they are in the middle filing for bankruptcy for me. I was trying to negotiate with them, however they does not want to change their decision. The question is, will my bankruptcy affect me here? Will it affect when I want to file for ROC or citizenship? 

 

 

just in case i would save all communications between yourself and them document everything. Id say if the loan was taken out before the k1 process began you should be ok if its looked into but could possibly be troublesome if it was taken out after the process started and immigration finds it. its all dependent on circumstances but id try to scrape some money together to give them some good will that you intend to pay the debt hell id have done it monthly while waiting for ead even paying interest portion will get most financial groups to back off.

[GreatDane 366]

1 hour ago, VB78 said:

Our wedding only happen at courthouse without any reception and I do not buy luxury thing with that loan. I make that loan to help out my family member who promise will pay the installment payment

Then you should be good. As the above poster noted, if you started the loan prior to K1 it shouldn't be a problem. If you got it once you started the K1 process and knew you were moving, it could be. It's at the discretion of the immigration officer. Just document everything. The only way to make it 100% a non-issue is to pay off the loan or stop the bankruptcy by paying it down. Maybe you can negotiate them to hold off with smaller payments?

[EM_Vandaveer 2,408]

2 hours ago, GreatDane said:

Then you should be good. As the above poster noted, if you started the loan prior to K1 it shouldn't be a problem. If you got it once you started the K1 process and knew you were moving, it could be. It's at the discretion of the immigration officer. Just document everything. The only way to make it 100% a non-issue is to pay off the loan or stop the bankruptcy by paying it down. Maybe you can negotiate them to hold off with smaller payments?

I'm not sure how much sense this makes. Nor in the ROC nor in the naturalization paperwork are there any questions regarding loans, credit cards or bankruptcy, in the US or overseas. Exactly how would USCIS find out? You are not obligated to say anything about it (nor should you) unless asked.

[CEE53147 559]

FYI, in the US many bankruptcies are due to medical debt. Since it can affect you for many years, it is another reason to have health insurance.