Bankcruptcy/F2A Sponsorship

[Chittagong 11]

Guys!!

I have been watching this forum last 2 years!! It is very helpful. I hope some one could help me out about my situation!!

My priority date is February 04, 2010 and case also completed on December 15th, 2010. Now I'm in Debt a big time. I am the only sponsor for my wife's petition. Now I am going to file for Bankcruptcy because I am not able pay the huge debt. I would like to know if it would be major problem for my wife's visa issuing? I know i have to resubmit the IRS transcript and I-864 Affidavit of Support when my wife's interview scheduled!

I need a good advice from you fellows and thank you for being part of VJ!

[jhp 10]

Guys!!

I have been watching this forum last 2 years!! It is very helpful. I hope some one could help me out about my situation!!

My priority date is February 04, 2010 and case also completed on December 15th, 2010. Now I'm in Debt a big time. I am the only sponsor for my wife's petition. Now I am going to file for Bankcruptcy because I am not able pay the huge debt. I would like to know if it would be major problem for my wife's visa issuing? I know i have to resubmit the IRS transcript and I-864 Affidavit of Support when my wife's interview scheduled!

I need a good advice from you fellows and thank you for being part of VJ!

I think you should contact a lawyer bcaz the question is AOS must be signed by principal sponserer and as u have filed bankcruptcy...i think u should take advice from lawyer...and certainly u need co-sponserer too...

[Chittagong 11]

I think you should contact a lawyer bcaz the question is AOS must be signed by principal sponserer and as u have filed bankcruptcy...i think u should take advice from lawyer...and certainly u need co-sponserer too...

Thannks for your concerns. I would rather to talk lawyer soon.

[hellraiser 42]

Hello Chittagong, I do not want to sound detrimental inanyway but here is my 2 cents; the purpose for AOS is to find out that theupcoming immigrant will not become a social burden and will be somewhatfinancially solvent. Of course when youwill file for your wife it immigration will be more lenient towards you but youstill need to fill out some basic criteria. Now this may not be an issue, but at the same time, the risk based onthat assumption (that it may not be a problem) is way too high. You don’t wantto get in to a pause and get your wife stuck in an infinite loop of immigrationfor lack of information. So yes, theseare the time when you can seek the suggestion/advice of a lawyer. I would stillsuggest that talk to few of them and then make your own judgment call. In my opinion (don’t take it in any shape orform), I would suggest you to add more people as sponsor if you canmanage. Filing for bankruptcy beforefiling for AOS may expose that information and may delay the whole process asthis could become an issue on your wife’s application. I’ve seen many people having others as thesponsor, whether it’s your brother, parents or someone else. Good luck and please try to get as much infoas possible. Knowing more and beingstressful is way much better than knowing less and then get stuck in theprocess.

However, if you find a definitive answer, can you pleasepost your findings in this site as well, that way, future VJ users may findyour tips helpful. Best wishes……

[Chittagong 11]

Hello Chittagong, I do not want to sound detrimental inanyway but here is my 2 cents; the purpose for AOS is to find out that theupcoming immigrant will not become a social burden and will be somewhatfinancially solvent. Of course when youwill file for your wife it immigration will be more lenient towards you but youstill need to fill out some basic criteria. Now this may not be an issue, but at the same time, the risk based onthat assumption (that it may not be a problem) is way too high. You dont wantto get in to a pause and get your wife stuck in an infinite loop of immigrationfor lack of information. So yes, theseare the time when you can seek the suggestion/advice of a lawyer. I would stillsuggest that talk to few of them and then make your own judgment call. In my opinion (dont take it in any shape orform), I would suggest you to add more people as sponsor if you canmanage. Filing for bankruptcy beforefiling for AOS may expose that information and may delay the whole process asthis could become an issue on your wifes application. Ive seen many people having others as thesponsor, whether its your brother, parents or someone else. Good luck and please try to get as much infoas possible. Knowing more and beingstressful is way much better than knowing less and then get stuck in theprocess.

However, if you find a definitive answer, can you pleasepost your findings in this site as well, that way, future VJ users may findyour tips helpful. Best wishes……

Thanks for your concerns and greatly appreciated it.

My case was completed by NVC last year which means NVC also accepted my previouse submitted AOS. Even I made enough money last year so I can proof that my income level is over Poverty guideline( According to IRS Transcript). The Big Issue for the concerns, If I will file for the Bankcruptcy what will be effect to my wife's future interview. How the Dhaka US Embassy will justify that I have bankcruptcy and need joint sponsorship for visa processing?

I am also concerns if my wife get an interview within next 2 months, I probably would hold up my bankcruptcy until her visa get approve. but It is not sure how long will take to get her interview schedule. I just need to know If someone has bankcruptcy can he/she be sponsor for the immigrant petition? or what is immigration law for the purpose of Bankcruptcy?

Anyway, I think Lawyer would be best answer for my situation.

Edited August 13, 2011 by Chittagong

[RICARDO4EVA2 194]

Bankruptcy carries no weight when petitioning for someone.

[hellraiser 42]

Bankruptcy carries no weight when petitioning for someone.

Ummmm, I can't make my next statement with authority, but if you are the primary sponsor and the only one filing the AOS, this sould mean something. My rational part says as the "Support" will be deemed insufficient.....

[RICARDO4EVA2 194]

Ummmm, I can't make my next statement with authority, but if you are the primary sponsor and the only one filing the AOS, this sould mean something. My rational part says as the "Support" will be deemed insufficient.....

The Immigration Form I-864 (AOS) has no mention regarding being bankrupt or planning to file for it. filing Bankrupt clears up the past and has no bearing on the future. The sponsor needs to have an income so as long as the sponsor is working then that is sufficient to get the applicant an approved I-864.

[Chittagong 11]

The Immigration Form I-864 (AOS) has no mention regarding being bankrupt or planning to file for it. filing Bankrupt clears up the past and has no bearing on the future. The sponsor needs to have an income so as long as the sponsor is working then that is sufficient to get the applicant an approved I-864.

Just letting you know there is 2 options I could apply as per lawyer said:

1. Since My case was completed and there is no hold( Documentarily lackage) for visa approving, Unless US Embassy wont ask for newly completed I-864 form!

2. Secondly I would find co-sponsor and updated my I-864(AOS) with NVC, if I would like to file Bankcruptcy in the mean time.

So what was my understanding, Bankcruptcy effect future petitioning which means Bankcruptcy wont be able sponsor someonelse anymore.!!

Edited August 16, 2011 by Chittagong

[RICARDO4EVA2 194]

Just letting you know there is 2 options I could apply as per lawyer said:

1. Since My case was completed and there is no hold( Documentarily lackage) for visa approving, Unless US Embassy wont ask for newly completed I-864 form!

2. Secondly I would find co-sponsor and updated my I-864(AOS) with NVC, if I would like to file Bankcruptcy in the mean time.

So what was my understanding, Bankcruptcy effect future petitioning which means Bankcruptcy wont be able sponsor someonelse anymore.!!

not so or few of these people needed to to rejected. Bankruptcy has no affect (one way or the other) on the immigration process as they are focused on the income and not debt unless owed to the IRS

[hellraiser 42]

Thanks Chittagong. That was what my gutt feeling was saying as well. Whether it's valid or not, at least you have little more information than before. Thanks for sharing, that's certainly a good piece of info.......

And I don't think your last statement is absolutely correct. It's not that someone won't be able to rather put serious dent on the credibility on the sponsor or petitioner....