Hello, I just got married a few weeks ago in the PI. Now that I am back in the states and will be filing a I-130 petition to try to get my wife and child back here in the next year or two. I am not in very good financial condition at the moment.

I work at a major newspaper and make around $35,000 per yr. I know this is just above poverty level for even thinking about bringing someone over here. This comes out to about $400.00 per week after they take child support payments out from a previous marriage.

When my ex-wife found out that I was getting married again, she went ballistic and decided to take me to court again for more money. I was originally paying $560.00 per month for one child. Now she wants child and spousal support. She is asking for $1500.00 per month now. As you can see I couldn't live on that. My rent alone is $1000.00 per month excluding utilities.

I had a roofing business that went belly up. I don't even have a valid contractors license anymore so I can't contract. Her lawyer is presenting to the court that I have extra income on the side and should be able to make these kind of payments. This is bogus. The little that I make on the side for small jobs only just helps me pay my way through living in the S.F. bay area one of the most expensive places to live in the United States now. Very hard to live on $400.00 per week.


I am also in a Chapter 13 from this previous marriage. We have around 2 1/2 years left on it to be paid off. I will probably have to covert this to a chapter 7 if she gets here way in court. I going back to fight the judgement. I will see my lawyer next week.

My question is that if I file for a chapter 7, what are my chances of getting my new wife over here? I know they go by your wages but do they look at your credit rating as well?

I tell you, I have never been so depressed in all my life. This money thing looming over me has taken a toll on me.

My new wife knew about my situation before I married her so there is no suprise here. But I would hate to break her heart if for some reason I couldn't get her over here.

Please no flames, it's bad enough already.
thanks,
martinbr

First off, I am sorry you are in such a rough financial situation. I am in NYC and making a little over $40K per year plus a little on the side from an eBay business - however I don't have the child support issue. I had bad financial trouble 7 years ago and filed for Ch. 7 myself. I am currently living with a roommate because I don't know how difficult it will be to find an apartment in NYC with the Ch. 7 on my file(even in Queens, which is easier than Manhattan). Honestly this is my biggest fear with this whole process, that my husband will come and we will be unable to find a place to live.

As far as USCIS is concerned, from what I have read on VJ they do not run a credit check on petitioners; all they care about is that your current income meets 125% over poverty level. I am not sure about how child support affects this, maybe someone else can reply who knows more about it. But the short answer is no, the BK will not affect your wife's ability to get the visa.

1. No they do not (I am going thru the same situation), credit score has nothing to do with this.
2. The Consumer Credit Protection Act limits the amount that can be taken from your pay to 50% of net income (since your married), ex cannot get any more despite what she thinks she deserves.

Also read this thread:

http://www.visajourney.com/forums/index.php?showtopic=1131

See.. You are not alone... I myself living in NYC and in debt... I don't think my debt affects the petition.. Hey I'm still paying taxes..

Well, I feel a little better that I am not the only one going through this. I will know more Mon when I go see my attorney. I hope he could do something for me with this nightmare.

Thanks to everyone who contributed.
martinbr

Just because they have filed to increase the support doesn't mean the court will allow it. In California the court has a calculation for support but even that isn't set in concrete. I would be shocked it any court would award that much support on your income. Good luck

If that was approve.. She must have a very good lawyer..

I am a family law attorney, though not in California. In Texas, if a divorce is granted without spousal support, the spouse cannot later reopen that issue. California may be different, but I doubt it. However, child support is always subject to modification since the court has "continuing jurisdiction" with respect to the child.

With that said, there is a big difference between what a petitioner is seeking and what the court will actually grant. A good lawyer will sometimes file a pleading with language that has "shock" value, in part to get the respondent motivated to offer a generous settlement. In some cases I have been involved with, the opposing party foolishly attempted to handle the process without an attorney, which had usually terrible results for them. I felt sorry for them, but my job was to seek what was best for my client, not what was "fair."

Thus, even though it is expensive, you need to find some way to retain competent legal representation. You may save a few bucks representing yourself in the short run, but it will almost certainly cost you many times over in the long term.

Marc

That's good to know about spousal because that was never discussed in the first child custody court date four years ago. We never finalized the marriage. Big mistake. I should havd done it right away.

I had to sign this judgement in the court to get the divorce finalized so I could go get married. She had me good. So does she have the upper hand since I signed the judgement? I am planning on going back to court to fight this.
thanks,
martinbr

if worse comes to worse you can always get a co sponsor.



Chris

The only thing the USCIS cares about is a past criminal record. Since they aren't lending you money, they could not care less about your credit rating or bankruptcy situation. They also don't look at debt to equity ratio or what have you. As long as you earn an income over the 125% threshold you are fine.

My opinion exactly, just get a co-sponsor but you wont need one since you meet the 125% poverty line and that is all they are after. They do not care where the income goes as long as you meet the criteria, you are financially approved to provide sponsorship.