Could bankruptcy affect the K-1 process?

[Chealse 0]

Does anyone have an insight on this? My fiancee (US citizen) is currently going through financial situation and she is in the middle of filing bankruptcy. We are extremely nervous about her filing bankruptcy but that is the only option she have at this time. We are expecting our NOA2 any time from now and here is our questions: Could our petition be denied because of an open bankruptcy case? Can bankruptcy interfere with K-1 process during the beneficiary interview at the embassy? Any input would be appreciated.

[QueenOfBlades 224]

I would have to say yes. A main part of the K1 is the affadavit of support. Your USC fiance has to be able to show that you can be financially supported without claiming benefits. How can you prove they will be able to do that if they're bankrupt?

[VanessaTony 3,567]

No. As long as she, or a joint sponsor, is able to financially support you, her financial information doesn't matter.

I would suggest thought that you ensure you do not join her on any accounts that would result in your "piggy backing" on her score as the bankruptcy could potentially affect you.

[madtownguy 164]

This question is not a no or yes. She could be filing bankruptcy and still make plenty of money per year to sponsor you. I would worry about how much she makes, you don't have to tell them about the bankruptcy unless they ask about it. Even then plenty of millionaire's file some form of bankruptcy and have plenty of money when it is over. Now if she is with no job, and filing then that is a different case. If the bankruptcy hasn't been discharged then the government won't even know about it. But odds are the visa process will take more time than the bankruptcy process.

[Chealse 0]

I thank each and everyone of those that response to my qeuestions, but I still need some clarification. My fiancee has a job and earn not less than $2,000 monthly which is $24,000 annual. Would this income enough to show that she can financially support me even though she file bankruptcy? We just want to be sure this issue of filing bankruptcy would not raise any red flag during visa interview. The only option she have is filing bankruptcy. Thanks in advance to everyone.

[aws&ndd 103]

I thank each and everyone of those that response to my qeuestions, but I still need some clarification. My fiancee has a job and earn not less than $2,000 monthly which is $24,000 annual. Would this income enough to show that she can financially support me even though she file bankruptcy? We just want to be sure this issue of filing bankruptcy would not raise any red flag during visa interview. The only option she have is filing bankruptcy. Thanks in advance to everyone.

If your fiancee's current income is at least 125% of the federal poverty level for the household size, there wont be any problems. If the household size is 2, then your fiancee's income is plenty.

They dont care about bankruptcy. They care the sponsor makes enough to support you.

[Chealse 0]

If your fiancee's current income is at least 125% of the federal poverty level for the household size, there wont be any problems. If the household size is 2, then your fiancee's income is plenty.

They dont care about bankruptcy. They care the sponsor makes enough to support you.

[/quote

Your quick response and explaination is greatly appreciated. Thanks a lot, we feel relief!!

[VanessaTony 3,567]

I thank each and everyone of those that response to my qeuestions, but I still need some clarification. My fiancee has a job and earn not less than $2,000 monthly which is $24,000 annual. Would this income enough to show that she can financially support me even though she file bankruptcy? We just want to be sure this issue of filing bankruptcy would not raise any red flag during visa interview. The only option she have is filing bankruptcy. Thanks in advance to everyone.

I already said exactly that in your last thread.

[Ontarkie 14,947]

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