input / advice re: bankruptcy during K1 process

[erintoronto 0]

so i'm in a bit of a situation. i'm drowning in debt. i was advised to declare bankruptcy about a year ago. instead i did my best until january and then i got a loan. this loan is causing massive strain at the moment. this morning i also found out that david will be out of a job by the end of july and is now considering going back to school so he can get ahead again. i support him fully but this means that my move to the US, and the K1 we filed, might be out the window due to our financial limitations.

will bankruptcy cause problems in my K1 process?

thanks in advance.

[~Laura and Nick~ 5]

Not on your end. What matters is if the USC can support the Fiance coming to America. With David losing his job and going back to school however, he may not be working enough to meet the 125% poverty guidelines, so, you would need a co-sponsor in order to show that David can support you.

Best of luck!

[raymaga 26]

Like the previous poster said, the beneficiary's (which is you) financial situation will not affect the K-1 process. It is the petitioner's (your fiance) which is important.

He must have income which is 125% above the poverty guidelines in order to sponsor you on his own. If this is not possible, he will need a co-sponsor, such as a parent, other family member or friend who is willing to do so.

You might also want to consider getting through the K-1 process before your fiance goes back to school. He could possibly start looking for a new job right now knowing that his current job will end in July. Then, once you are approved and move to the U.S., you can apply for AOS, get your work authorization, and then you could support the two of you while your fiance goes back to school.

For me, the goal would be getting to the U.S., then figuring out how to make your lives financially better after that.

Good luck.

Edited April 29, 2008 by raymaga

[erintoronto 0]

thanks laura!

Like the previous poster said, the beneficiary's (which is you) financial situation will not affect the K-1 process. It is the petitioner's (your fiance) which is important.

He must have income which is 125% above the poverty guidelines in order to sponsor you on his own. If this is not possible, he will need a co-sponsor, such as a parent, other family member or friend who is willing to do so.

You might also want to consider getting through the K-1 process before your fiance goes back to school. He could possibly start looking for a new job right now knowing that his current job will end in July. Then, once you are approved and move to the U.S., you can apply for AOS, get your work authorization, and then you could support the two of you while your fiance goes back to school.

For me, the goal would be getting to the U.S., then figuring out how to make your lives financially better after that.

Good luck.

thank you, too

this news of his upcoming unemployment is brand new and a little overwhelming. it helps to think about things in a few different ways and i appreciate you taking the time to offer this scenario. we'll definitely have to talk and see what will be best. all the decisions we have to make will take time and planning to see through. with regard to supporting him, if i could deal with my debt then this would be possible. it would be nice to put my situation in the past. it drags up a lot of bad memories as the big part of my debt is from supporting my ex. live and learn.

we still have a way to go in the K1 process (probably at least 9 months is my best guess) so we'll definitely have to think about all of this and see what will be best for everyone involved. we also have his 8 year old son to consider.