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Filed: Country: United Kingdom
Timeline
Posted

Will bankruptcy in the UK have any effect on my K1 visa and AOS? I feel I have little option but to go bankrupt before I move to the states as I will not be working once I'm here and will be going to college. The pound is so high to the dollar and I owe about 18000 GB Ps. Any advice would be very helpful - I'm so worried!!

OUR K-1 VISA JOURNEY

K1 Application

12-01-2006 I-129F sent priority USPS to CSC ... the real journey begins! (Day 1)

12-06-2006 NOA1 (Day 4)

03-05-2007 NOA2 - YAY!! (Day 89))

05-04-2007 INTERVIEW!!!!!! - APPROVED! (Day 149)

05-10-2007 Visa received (Day 155)

05-17-2007 ARRIVED IN PHOENIX (Day 162)

05-25-2007 Applied SSN

06-04-2007 Received SSN in the mail

06-14-2007 Passed driving test and now have my license

07-12-2007 MARRIED

07-24-2007 Changed name with SSA

AOS

05-31-2007 Appointment with Civil Surgeon for I-693A

07-16-2007 AOS sent to Chicago (received 07-18) (Day 1)

07-27-2007 NOA1 date (received 8/1) (Day 9)

07-30-2007 Check cashed (Day 12)

08-14-2007 Biometrics (Day 28)

11-29-2007 INTERVIEW DATE!!!!!! (Day 131) APPROVED

12-11-2007 Greencard Received

ROC

09-01-2009 I-751 sent to VSC (received 09-03) (Day 1)

09-04-2009 NOA Date (received 09-14) (Day 4)

09-08-2009 Check Cashed (Day 8)

10-05-2009 Biometrics @ Jackson MS (received 09-24) (Day 35)

01-08-2010 10 Year Greencard approved

01-19-2010 10 Year Greencard received

glitterfy011155737dkj7.gif glitterfy011545702wxh7.gif

Posted

To my knowledge, they do not look into the beneficiary's finances at any stage. They're more concerned with the USC's ability to support you and whether or not they have paid taxes, etc.

Once you get to AOS stage, they'll again look at you and your (then) spouse's finances in the US.

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Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)
To my knowledge, they do not look into the beneficiary's finances at any stage. They're more concerned with the USC's ability to support you and whether or not they have paid taxes, etc.
Correct
Once you get to AOS stage, they'll again look at you and your (then) spouse's finances in the US.

No, in this case the person sponsored is going to be a student, so there would be no income to add. AN dhtere is obviously no capital.

If the Debts are Student Debts, not sure it is that easy, certainly is not in the US. And I thought they closed that loophole in the UK.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Country: United Kingdom
Timeline
Posted
To my knowledge, they do not look into the beneficiary's finances at any stage. They're more concerned with the USC's ability to support you and whether or not they have paid taxes, etc.
Correct
Once you get to AOS stage, they'll again look at you and your (then) spouse's finances in the US.

No, in this case the person sponsored is going to be a student, so there would be no income to add. AN dhtere is obviously no capital.

If the Debts are Student Debts, not sure it is that easy, certainly is not in the US. And I thought they closed that loophole in the UK.

[/quote

Its not due to student debts - its mainly credit cards - I do not want to run away from them, but I feel I have no option other than bankruptcy - I do have a payment plan, but with the pound being so strong, I have just doubled what I owed and we cannot afford $500 per month for the debts. The trouble is, they throw credit in your face before you really know anything about it. I was just 18 and I never had a lesson on finance or creidt - I was young and foolish and went through some hard times - credit cards were the answer! I know now, I've learnt and I would never make that mistake again.

OUR K-1 VISA JOURNEY

K1 Application

12-01-2006 I-129F sent priority USPS to CSC ... the real journey begins! (Day 1)

12-06-2006 NOA1 (Day 4)

03-05-2007 NOA2 - YAY!! (Day 89))

05-04-2007 INTERVIEW!!!!!! - APPROVED! (Day 149)

05-10-2007 Visa received (Day 155)

05-17-2007 ARRIVED IN PHOENIX (Day 162)

05-25-2007 Applied SSN

06-04-2007 Received SSN in the mail

06-14-2007 Passed driving test and now have my license

07-12-2007 MARRIED

07-24-2007 Changed name with SSA

AOS

05-31-2007 Appointment with Civil Surgeon for I-693A

07-16-2007 AOS sent to Chicago (received 07-18) (Day 1)

07-27-2007 NOA1 date (received 8/1) (Day 9)

07-30-2007 Check cashed (Day 12)

08-14-2007 Biometrics (Day 28)

11-29-2007 INTERVIEW DATE!!!!!! (Day 131) APPROVED

12-11-2007 Greencard Received

ROC

09-01-2009 I-751 sent to VSC (received 09-03) (Day 1)

09-04-2009 NOA Date (received 09-14) (Day 4)

09-08-2009 Check Cashed (Day 8)

10-05-2009 Biometrics @ Jackson MS (received 09-24) (Day 35)

01-08-2010 10 Year Greencard approved

01-19-2010 10 Year Greencard received

glitterfy011155737dkj7.gif glitterfy011545702wxh7.gif

Posted

You will be fine, your debts will not be looked at, nor do you have to declare them anywhere, either with the K1 or the AOS stage. I left about 8,000 pounds of unpaid debts back in the UK when I moved out here.

LONDON TO CALIFORNIA ....

K1

May 5th 05 - K1 petition sent to CSC

August 23rd 05 - Visa Approved!!!

AOS and EAD

December 5th 05 - AOS and EAD sent

December 16th 05 - NOA's received for both AOS and EAD

December 31st 05 - Receive letter for AOS interview

February 6th 06 - AOS Interview - APPROVED

February 16th 06 - Biometrics Appointment

February 22nd 06 - EAD Approved via e mail

February 27th 06 - EAD card in mail!!!

March 6th 06 - Got a job!

March 17th 06 - Green Card Approval via e mail

March 18th 06 - 'Welcome to America' letter arrives

March 24th 06 - Green Card Arrives!

"Never believe that a few caring people can't change the world.

For indeed, that's all who ever have."

Filed: Country: United Kingdom
Timeline
Posted

OK - is there a number I can call to double confirm that if I, as the alien fiance, go bankrupt in my home country it will 100 % not have an affect on my K1, AOS and uncon greencard application? I am so worried!

OUR K-1 VISA JOURNEY

K1 Application

12-01-2006 I-129F sent priority USPS to CSC ... the real journey begins! (Day 1)

12-06-2006 NOA1 (Day 4)

03-05-2007 NOA2 - YAY!! (Day 89))

05-04-2007 INTERVIEW!!!!!! - APPROVED! (Day 149)

05-10-2007 Visa received (Day 155)

05-17-2007 ARRIVED IN PHOENIX (Day 162)

05-25-2007 Applied SSN

06-04-2007 Received SSN in the mail

06-14-2007 Passed driving test and now have my license

07-12-2007 MARRIED

07-24-2007 Changed name with SSA

AOS

05-31-2007 Appointment with Civil Surgeon for I-693A

07-16-2007 AOS sent to Chicago (received 07-18) (Day 1)

07-27-2007 NOA1 date (received 8/1) (Day 9)

07-30-2007 Check cashed (Day 12)

08-14-2007 Biometrics (Day 28)

11-29-2007 INTERVIEW DATE!!!!!! (Day 131) APPROVED

12-11-2007 Greencard Received

ROC

09-01-2009 I-751 sent to VSC (received 09-03) (Day 1)

09-04-2009 NOA Date (received 09-14) (Day 4)

09-08-2009 Check Cashed (Day 8)

10-05-2009 Biometrics @ Jackson MS (received 09-24) (Day 35)

01-08-2010 10 Year Greencard approved

01-19-2010 10 Year Greencard received

glitterfy011155737dkj7.gif glitterfy011545702wxh7.gif

Filed: AOS (apr) Country: Philippines
Timeline
Posted
OK - is there a number I can call to double confirm that if I, as the alien fiance, go bankrupt in my home country it will 100 % not have an affect on my K1, AOS and uncon greencard application? I am so worried!

I am certain there is no number you can call as this is probably not addressed specifically in any regulation (and that is the best you can hope for in a call to any mis-informationn line is a reading of a regulation). The only thing I can think of is to call an immigration attorney who would give you an opinion.

YMMV

Posted

I would think about the bankruptcy, though. If there's ever a chance that you may want to settle in the UK at some point in the future, the bankruptcy would pretty much kill your chances of ever getting a mortgage. And you'd probably have to start paying on the debts again as soon as you settled back there, too.

If that isn't a possibility for you, then go for it.

Agreed about no way to confirm it. You'll either have to trust those who have gone through it, or ask an immigration attorney.

SA4userbar.jpg
Posted (edited)

I'd agree with Tracy - I don't think the debts, or a bankruptcy, will cause you any problems, or be looked into at all, in the US - but if there is ANY chance that you might want or need to move back to the UK in the future, you might want to think twice about it.

You could always speak to a Citizens Advice Bureau, or the National Debtline, and find out about your options... if you're leaving the country with a load of debts, your creditors will know full well that there's not really a hell of a lot they can do to make you pay - so you may be able to get some kind of (very) reduced payment plan worked out with them, or they might agree to write off the debts if you pay off as much as you can - basically, they might just be glad to get even a tiny percentage of what you owe if they know you can leave the UK and there's nothing they can do to get the money off you! Payplan are pretty good (I think you have to go via the National Debtline to get their assistance, but that may have changed) - maybe you can set up something where, as you're leaving the country and will have zero income for an indefinite amount of time, they'll let you pay something like £1 a month towards each debt until you can afford to pay a higher amount. If you can avoid getting CCJs against you and can avoid going bankrupt, that might be the best thing to do - having a 'reduced payment' arrangement won't exactly be great for your credit rating, but it'll be better than CCJs/bankruptcy. Then again, if you go bankrupt, the debts should be wiped from your credit file in (I think) 6 years anyway, so that might work out best for you... except when it comes to the 'have you ever been declared bankrupt?' question when applying for mortgages etc.

Here's some links to the National Debtline and Payplan - might be worth a look and if you give them a call and explain the situation, they might have some suggestions...

Good luck... I really don't think you need to lose any sleep over your debts 'following' you to the US and affecting your AOS (they won't, I'm sure), but if there's any chance you might return to live in the UK at some point, you might want to avoid headaches for the future! :)

Edited by featherB

2005 - We met

2006 - Filed I-129F

2007 - K-1 issued, moved to US, completed AOS (a busy year, immigration-wise)

2009 - Conditions lifted

2010 - Will be naturalising. Buh-bye, USCIS! smile.png

  • 2 weeks later...
Filed: Country: United Kingdom
Timeline
Posted

Thanks for the feedback everyone :) I actually sent an email to the US embassy in London regarding this and they responded

"Owing a debt in the United Kingdom is not, in itself, grounds for visa ineligibility under U.S. law. If a visa applicant was arrested and/or convicted for any offence they would need to declare this when applying for a fiancée (K-1) visa."

So i'm free to do it :) I have all my faith that we will not seperate - we've been together for 2 years and lived together for one - we have never had a big argument and things are so wonderful between us - as he's in the military we have no plans of returning to the UK within 6 years - and after that time bankruptcy is removed from credit files. I know there is a stigma that some people think is still invovled but honestly, people who have done it say its the best thing they ever did in their lives and 3 years later have a house and are able to obtain credit (not that i want credit). I've found out that the debt and bankruptcy does not transfer to the states so it will not effect me over there.

OUR K-1 VISA JOURNEY

K1 Application

12-01-2006 I-129F sent priority USPS to CSC ... the real journey begins! (Day 1)

12-06-2006 NOA1 (Day 4)

03-05-2007 NOA2 - YAY!! (Day 89))

05-04-2007 INTERVIEW!!!!!! - APPROVED! (Day 149)

05-10-2007 Visa received (Day 155)

05-17-2007 ARRIVED IN PHOENIX (Day 162)

05-25-2007 Applied SSN

06-04-2007 Received SSN in the mail

06-14-2007 Passed driving test and now have my license

07-12-2007 MARRIED

07-24-2007 Changed name with SSA

AOS

05-31-2007 Appointment with Civil Surgeon for I-693A

07-16-2007 AOS sent to Chicago (received 07-18) (Day 1)

07-27-2007 NOA1 date (received 8/1) (Day 9)

07-30-2007 Check cashed (Day 12)

08-14-2007 Biometrics (Day 28)

11-29-2007 INTERVIEW DATE!!!!!! (Day 131) APPROVED

12-11-2007 Greencard Received

ROC

09-01-2009 I-751 sent to VSC (received 09-03) (Day 1)

09-04-2009 NOA Date (received 09-14) (Day 4)

09-08-2009 Check Cashed (Day 8)

10-05-2009 Biometrics @ Jackson MS (received 09-24) (Day 35)

01-08-2010 10 Year Greencard approved

01-19-2010 10 Year Greencard received

glitterfy011155737dkj7.gif glitterfy011545702wxh7.gif

Posted

I think that you are doing the right thing...it lasts for 6-7 years on your record in the UK...so you should have no problems in the future as you are not intending to go back within that time

k37hm7.png

03-06-10 Mailed N-400

03-17-10 Check cashed

03-19-10 NOA received

03-22-10 Biometrics sent

04-09-10 Biometrics appointment

06-14-10 Interview Date

06-22-10 Received letter for Oath

07-02-10 Oath ceremony

 
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