I-129F & Bankruptcy

[SemperAye 2]

Hello everyone!

I'm new here this is my first post I'm a little ashamed to admit that I have recently decided to file bankruptcy chapter 7 here the usa. As most of you know that mortagage crissis is killing our economy...and I knew that if ever I was to file it should be now before my wife and I get married as to not effect her credit and to give us a better life.

My fear is...that this might effect my I-129F petition...I know I must prove to be able to support her, and I feel that I can support her better after this bankruptcy takes place. Please does anyone know if bankruptcy or bad credit will effect my petition?? I've tryed googling this question and only found a post about someone filing for a certian visa ( I dont remember what one) and people responed saying that "US Immagration Services could care less about your credit".

Any reasurance about this would be great thank you!

-Derek

[az110965 252]

Welcome to VJ...

Bankruptcy will not be an issue to USCIS for processing and approvoing your I-129F, nor will it be an issue to the Consulate oin approving your fiancee's K-1 Visa.

The Federal Government couldn't care less if you pay your bills, if your home is forclosed on or your credit score. The only financial criteria is your ability to support your fiancee and for her to not become a puhblic charge.

Good luck with your process.

Alan

[SemperAye 2]

Welcome to VJ...

Bankruptcy will not be an issue to USCIS for processing and approvoing your I-129F, nor will it be an issue to the Consulate oin approving your fiancee's K-1 Visa.

The Federal Government couldn't care less if you pay your bills, if your home is forclosed on or your credit score. The only financial criteria is your ability to support your fiancee and for her to not become a puhblic charge.

Good luck with your process.

Alan

Thanx so much for your reply sometimes all we need is a little reassuring im sure lots of couples do nothing but worry until the day they are married

[sjr09 155]

Hello everyone!

I'm new here this is my first post I'm a little ashamed to admit that I have recently decided to file bankruptcy chapter 7 here the usa. As most of you know that mortagage crissis is killing our economy...and I knew that if ever I was to file it should be now before my wife and I get married as to not effect her credit and to give us a better life.

My fear is...that this might effect my I-129F petition...I know I must prove to be able to support her, and I feel that I can support her better after this bankruptcy takes place. Please does anyone know if bankruptcy or bad credit will effect my petition?? I've tryed googling this question and only found a post about someone filing for a certian visa ( I dont remember what one) and people responed saying that "US Immagration Services could care less about your credit".

Any reasurance about this would be great thank you!

-Derek

Filling bankruptcy, or bankruptcy for your mortgage, is about the worst thing you can do, 'Short Sale' or walk away! If some how you think bankruptcy will not effect you or her your wrong. As for the I-129f your fine. Good Luck!

[SemperAye 2]

Filling bankruptcy, or bankruptcy for your mortgage, is about the worst thing you can do, 'Short Sale' or walk away! If some how you think bankruptcy will not effect you or her your wrong. As for the I-129f your fine. Good Luck!

They will not short sale..the sale date for forclosure is may 26th, If I walk away I could be sued for the deficit which is alot cuz i've only had the house for 2 years. I wish the house was my only debt but unfortunitly its not...I tryed debt settlement and got scammed out of 2,000.00 ahhh! I wish I knew more about it..

[sjr09 155]

They will not short sale..the sale date for forclosure is may 26th, If I walk away I could be sued for the deficit which is alot cuz i've only had the house for 2 years. I wish the house was my only debt but unfortunitly its not...I tryed debt settlement and got scammed out of 2,000.00 ahhh! I wish I knew more about it..

Anyone that works for a credit card Co., debt settlement Co. or any other collection agency are pond scum! With that said you may not be able to walk away with clean hands you'll be more then likely, obligated to pay back money?

Edit: I wish you the Best Brah!

Edited April 20, 2010 by sjr09

[Alcheringa 39]

I'm interested in clarification here, as I've seen it come up in a few other instances. Is it the consensus that someone whom has filed for a Chapter 7 -- but maintains a sufficient income meeting the guidelines, has usable assets, or secures a cosponsor -- will not be affected in any way by the bankruptcy?

If it is the CO's job to determine the financial health of the Petitioner in terms of his/her ability to support the Beneficiary, wouldn't a poor financial record/bankruptcy/liens/debt/etc. be an indicator of viability in borderline cases?

Or does the gov't literally never probe any deeper than income, assets, and basic statements to that effect?

[az110965 252]

"wouldn't a poor financial record/bankruptcy/liens/debt/etc. be an indicator of viability in borderline cases?"

The Consulate never pulls a copy of your credit report, nor do they have any interest in whether or not you've paid your credit card bills, have medical charge-offs, etc... While it's best to be in a healthy financial situation, the only criteria the Consulate uses for visa approval is your ability to support your fiancee based upon your wages -vs- published poverty levels.

Regarding your question about leins. It's been discussed on VJ a few times that the only lein that the Consulate would care about would be a Federal Tax Lein, and in certain circumstances would count the amount of the lein against income. It's unknown as to whether or not the Consulate is privvy to a federal tax lien and it's not a question that I've ever seen come up for the visa interview.

Good luck,

Alan

[SemperAye 2]

Well I do know that its agianst the law for anyone to pull your credit more then once....so if your credit is ok at the time of it being pulled then it wouldn't matter anyway.

[Deputy Purple 1,294]

Well I do know that its agianst the law for anyone to pull your credit more then once....so if your credit is ok at the time of it being pulled then it wouldn't matter anyway.

Now that is totally incorrect...

It is against the law for anyone to pull your credit without your consent. With consent they can pull your credit as often as you've consented.

Creditors can access credit report databases for the purposes of "skip-chasing" and other such activities related to collecting on your debt to them as long as the original loan agreement specifies that you give them consent to do so.

It is illegal for you to directly pull your own credit files if for example you work at a company that has access to the Credit Reporting Agencies. You must always use a 3rd party company or contact the Credit Reporting Agencies directly for your own file.

I've been responsible for the Credit Report Pulling software at my employer (a US based National Loan Application Processing Center) for 14 years so I know the restrictions.

[SemperAye 2]

Now that is totally incorrect...

It is against the law for anyone to pull your credit without your consent. With consent they can pull your credit as often as you've consented.

Creditors can access credit report databases for the purposes of "skip-chasing" and other such activities related to collecting on your debt to them as long as the original loan agreement specifies that you give them consent to do so.

It is illegal for you to directly pull your own credit files if for example you work at a company that has access to the Credit Reporting Agencies. You must always use a 3rd party company or contact the Credit Reporting Agencies directly for your own file.

I've been responsible for the Credit Report Pulling software at my employer (a US based National Loan Application Processing Center) for 14 years so I know the restrictions.

Interesting.... thanx for the info.

[jrparker 0]

Interesting.... thanx for the info.

[jrparker 0]

settle down a little, i know you are worried, this will all work out in the end, get your girl here and start your new life, avoid credit cards and don't spend what you don't have. learn to budget and everything will be great.it's only money, you have a lifetime to make more and rebuild your past, she is your future so be strong for her and then get in line with the rest of us, its a long slow process, your problems are small, hahaha, read some of the other stories here, you will be fine, good luck too you.

[sjr09 155]

settle down a little, i know you are worried, this will all work out in the end, get your girl here and start your new life, avoid credit cards and don't spend what you don't have. learn to budget and everything will be great.it's only money, you have a lifetime to make more and rebuild your past, she is your future so be strong for her and then get in line with the rest of us, its a long slow process, your problems are small, hahaha, read some of the other stories here, you will be fine, good luck too you.

Keep this in the back of your mind, when your looking at that shiny new car or some fancy toy you can't afford or pay cash for!

Borrower is truly slave to the lender.