QUESTION

If my husband has a bad credit, would it affect the filing process of I-130?

Asked on May 03rd, 2014 on Immigration - Texas
More details to this question:
My husband has a bad credit and I am scared that it will affect the filing process of the I-130. My papers have been approved but I have not heard anything yet from NVC.
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5 ANSWERS

It should not as long as his income is sufficient or he has a joint sponsor for affidavit of support purposes.
Answered on May 14th, 2014 at 11:41 AM

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Adebola O. Asekun
Relax, your husband's bad credit will not affect his petition. Remember, the I-130 has already been approved. Instead of bad credit, the issue is whether your husband, despite his bad credit has sufficient income to file the Form I-864 Affidavit of Support. This requires that he provide job letter, pay statements and tax returns showing he has sufficient income to support you so you will not end up on welfare. Even if he does not have sufficient income or if he is unemployed, you can still get green card. But he will need a friend, relative, co-worker or any other individual being a US citizen or legal resident with enough income to join him as Co-sponsor of the affidavit of support. The co-sponsor must be residing in any state in United States and does not have to live in the same house or even in the same state with your husband the petitioner.
Answered on May 05th, 2014 at 12:28 PM

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Your husband's credit score has nothing to do with the outcome of your I-130. What does matter is his current and future income. If he is currently unable to meet the minimum income requirement, you can recruit up to 2 individual who are willing and able to be your joint sponsors. The joint sponsors must reside within the United States and be US citizens or lawful permanent residents. They must complete and submit form I-864 along with proof of their legal status (birth certificate, passport, green card, etc.), proof of income (employment letter, paycheck stubs, pay advices, etc.), and their latest federal tax return.
Answered on May 05th, 2014 at 11:26 AM

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Corporate and Business Law Attorney serving Ridgewood, NJ
Partner at NPZ Law Group
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Bad credit is not an issue. The issue is his ability to support and to meet the federal support guidelines. This is determined from the tax return filing.
Answered on May 05th, 2014 at 8:47 AM

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Bruce A. Coane
Normally, bad credit or bankruptcy is not a problem, and there is certainly no law saying it's a problem. On the other hand, you must satisfy the burden of proof that you will not become a public charge.
Answered on May 05th, 2014 at 8:20 AM

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