QUESTION
Will filing bankruptcy affect the immigration process?
Asked on Aug 21st, 2013 on Bankruptcy - Missouri
More details to this question:
I am thinking seriously about filing for bankruptcy. However, my fiance lives out of the U.S. Will filing for bankruptcy hurt the immigration process if we choose to get married and I decided to file for his U.S. visa?
6 ANSWERS
If you file for his visa, you've got to support him and file an Affidavit of Support eventually. If you do not have income it will hurt your petition, unless you will be able to find and have that person sign affidavit for you.
Answered on Aug 29th, 2013 at 2:34 PM
No, but you will need adequate income or a joint sponsor for the affidavit of support requirement.
Answered on Aug 29th, 2013 at 2:34 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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It shouldn't be a problem. However, please consult with an experienced immigration attorney before making wedding plans. It sometimes makes sense to do the marriage in the US then abroad.
Answered on Aug 29th, 2013 at 2:34 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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I do no handle immigrant law. You should talk to an attorney who specializes in that area of law.
Answered on Aug 29th, 2013 at 2:33 PM
The immigration process requires that you and possibly someone else sign an affidavit of support to sponsor an immigrant so that they are not "likely to become a public charge. This usually means that you can afford to provide a home, food, and medical insurance. It is the problem with an uninsured visit to a public hospital that the US government is worried about.
Answered on Aug 29th, 2013 at 2:33 PM
Adebola O. Asekun
It should not affect your immigration applications for your spouse. Note however, that you as the petitioner must file a Form I-864 affidavit of support to show CIS that if granted a green card, your fiance will not go on welfare. You may need a co-sponsor to join you in filing that affidavit when the time comes
Answered on Aug 29th, 2013 at 2:33 PM