Could Bankruptcy affect K-1 visa petition?

[M & J 5]

Hello all!

I am new to this community and am excited but extremely nervous about filing a K-1 visa for my fiance. I'm sure I will have many questions along the way.

I am anxious to file ASAP especially because we want to have a US ceremony at the end of next year but I am hesitant because of my current financial situation. Unfortunately, I had to file chapter 7 bankruptcy due to bad real estate investments and my concern is does this affect my eligibility to apply for a K-1 visa? Does anyone have any insight on this? Could my petition be denied because of an open bankruptcy case? I do have two jobs, so I won't have an issue showing proof of income or that I could support my fiance. I'm just concerned about the bankruptcy.

Any information you can provide me will be greatly appreciated.

[JimVaPhuong 4,863]

You will have to submit an affidavit of support, but it's highly unlikely that a bankruptcy would affect your ability to be the sole sponsor. Consular officers are primarily concerned with income. They are permitted to consider your debts, but...

1. They would have to find out about the debts (you aren't required to disclose them), and...

2. The debts would have to impose a severe enough burden that they would affect your ability to maintain the sponsored immigrant at the required 125% of the poverty guidelines.

For most people, a chapter 7 bankruptcy leaves them with less property and a credit rating in the toilet, but not less income. Unless it get's converted to a chapter 13, it probably won't leave you with any heavy payments. The consulate doesn't care about your credit rating. They only care if you'll have enough money to support the immigrant. As long as you can document that income then you should be fine.

[M & J 5]

Thank you for responding! This gives me some confidence. I am fairly certain that my income will meet the guidelines to be his sole sponsor. I will definitely file before this month is over. Thanks again for the information!