How does bankruptcy affect AOS

[GiGii 4]

Hi, I need some help regarding bankruptcyand filing for AOS. My friend came in on a student F1 visa (no 2 year requirement) in 1999. It expiered i believe in 2004. In February of this year he got married to a US citizen. My friend is self employed and with the economy going bad lost his business. Unfortunately now he has to file for bankruptcy. He still has not filed his AOS papers. Will bankruptcy affect his AOS paperwork? Does it matter if he files for bankruptcy before or after he files his AOS paperwork?

Thanks

[Otto 83]

Will bankruptcy affect his AOS paperwork? Does it matter if he files for bankruptcy before or after he files his AOS paperwork?

Bankruptcy has no affect (one way or the other) on the immigration/AOS process. Income, not debt(s) owed, is their focus (as far as the I-864 goes). Not to worry - if he files bankruptcy before or after filing AOS - doesn't matter.

[lechatnoir 0]

Nope...we are doing bankruptcy and AOS at the same time. The only thing you will need to be conscious of is the payment for the AOS. If you file for bankruptcy too close to writing checks out of your bank account for the AOS, then that might cause a red flag. They scrutinize your payments to "creditors" before you file and if you pay anything that is over 600 dollars in the window of time that they are examining, it might be questioned.

I paid for our AOS with cash directly to my lawyer, so it was never an issue for me.

Edited September 11, 2009 by lechatnoir

[christera22 8]

Thanks Lechatnoir, i did send you a pm regarding some bankruptcy questions.... as you said " scrutinize your payments to "creditors" before you file and if you pay anything that is over 600 dollars in the window of time that they are examining, it might be questioned"

what kind of questioning are you talking about? Explaining that we payed for the bankruptcy wo`nt help ? My wife(USC) is filing for bankruptcy and I am filing for removal of conditions.

Thanks

[Bobby+Umit 161]

The real question is - does the sponsor have enough income to support the I-864?

no income - no AOS (well - no 864)

May need to investigate a co-sponsor if needed.

[christera22 8]

ALso do you know if I can keep our joint account if my wife files bankruptcy ? thats what is concerning me, we want to show the joint account to USCIS but i am afraid her bankruptcy may affect my credit score. Any idea ? Thanks a lot

Edited March 2, 2011 by christera22

[Bobby+Umit 161]

ALso do you know if I can keep our joint account if my wife files bankruptcy ? thats what is concerning me, we want to show the joint account to USCIS but i am afraid her bankruptcy may affect my credit score. Any idea ? Thanks a lot

Credit score really doesn't come into the equation - only current income does. (or assets)

Is your current income sufficient for the 864? will your job continue? can you show at least 1-3 years of sufficient income?

[christera22 8]

Thanks BobbyUMIt, i am sorry I shd have clarified. I am filing for Removal of condition for my 2 yr green card and yes my wife`s income is as was showin in I-864 when i got the green card. Thus the vow in the I-864 remains steady. I know I asked some bankruptcy questions and this forum does`nt cover that.

[Bobby+Umit 161]

Shouldn't be an issue at this point.

ROC is just concerned that the marriage was entered in good faith, and not for immigration purposes.

You should be good to go.