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Bankruptcy

By Leruj in K-1 Fiance(e) Visa Process & Procedures

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Leruj Apprentice

Leruj   2

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Country: Philippines
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Hi and good day! 

 

My fiancee (the US Citizen) and I are planning to file a K1 in the near future, only postponed by the Covid virus.

 

Apparently her partner before me (they were not married) got a car under her name, and now that they are separated, he returned the car to her, to which she cannot handle the monthly payments, and the car incurred damages.

 

She plans to file bankruptcy, will this affect our application? She has a stable job right now and earns more than minimum. Thanks!

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Russ&Caro Proficient

Russ&Caro   1,549

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Filed: Citizen (apr) Country: Colombia
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Posted (edited)

Bankruptcy seems pretty extreme for defaulting on an auto loan. She should seek financial and/ or legal advice before filing for bankruptcy which will affect her and possibly you for years.

 

Probably no effect on immigration if she now has an adequately paid job.

Edited by Russ&Caro

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 – CSC     Oath ceremony: 2018-09-24 – Santa Fe

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Lucky2Lucky Experienced

Lucky2Lucky   2,526

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Filed: Citizen (apr) Country: Haiti
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I don’t believe the US citizen has to disclose bankruptcy- you would for the I944 form. I do question what the above poster said; should probably get legal advice.  Being an immigrant you won’t have the best credit score and this will limit what you are able to own/finance as your fiancé will be limited and you both may struggle for some time.

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Leruj Apprentice

Leruj   2

Posted
Country: Philippines
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7 hours ago, Russ&Caro said:

Bankruptcy seems pretty extreme for defaulting on an auto loan. She should seek financial and/ or legal advice before filing for bankruptcy which will affect her and possibly you for years.

 

Probably no effect on immigration if she now has an adequately paid job.

My fiancee (US citizen) has credit card debts, and she has to support for her kids here in our country, and due to the virus, she's not able to pay for the car because her 2nd job doesn't operate as of the moment.

 

The car was named after her, she made the DP but her prev partner was the one paying the monthly. He returned the car with damages, resulting to the car not achieving even half of its original value, thus making it impossible for an exchange lease. It was a $36k car.

 

What I'm worried about is our K1 application for me, if that will be affected by her filing bankruptcy. I don't have any issues financially, since I'm not dependent on her, and I have some savings which I can take with me if the visa gets approved.

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Leruj Apprentice

Leruj   2

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Country: Philippines
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7 hours ago, Luckycuds said:

I don’t believe the US citizen has to disclose bankruptcy- you would for the I944 form. I do question what the above poster said; should probably get legal advice.  Being an immigrant you won’t have the best credit score and this will limit what you are able to own/finance as your fiancé will be limited and you both may struggle for some time.

My fiancee (the US citizen) is the one filing for bankruptcy, not me (future immigrant). 

 

I was wondering if that would affect the approval of the K1 visa that we will apply in the near future.

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VISBIS Contributor

VISBIS   18

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Declaring bankruptcy has serious financial consequences. She has to first show proof that she’s unable to pay debts and this process may take sometime along with having to pay attorneys for filing. In addition it’ll remain in her credit for years costing higher rates and such in the future.  If her previous fiancé damaged the vehicle, it’s better to use the attorney fees on finding legal help there. 
And to answer your question, it shouldn’t affect her sponsoring you. I134 or the i864 doesn’t require or ask you to disclose any past bankruptcy, but rather her current income. 

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RT&MB Contributor

RT&MB   27

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Filed: K-1 Visa Country: Philippines
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She doesn't want to file for Bankruptcy if that's the only issue.  That has a 10 year impact on her credit score.  Having a vehicle repossessed would have a 7 year impact and be viewed much more favorably than a bankruptcy. 

 

It will impact you in ways other than immigration.  In the beginning you'll need her to be a cosigner on any loans you take for a car or furniture etc.  You'll have to pay a higher interest rate because of her bankruptcy.  When the time comes to buy a home you'll both have to be on the mortgage which again means a higher interest rate.  It's doable but not pleasant.  

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted (edited)

It's not a question on the I-134 or I-864, but a bankruptcy by either the applicant or their sponsor is a negative factor in the totality of the circumstances (Edit: at least for AOS purposes).

https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf

See pages 5 & 7

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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