Will filing for bankruptcy ruin the K-1 process?

[garet 0]

I did mention this in a previous topic, but the answers were addressed more to a different issue. If anybody has info on bankruptcy, chapter 11 or 13, and how this affects the visa K-1 application, I would like to hear it. I have just sent off my k-1 paperwork. My fiancé is in the Phillipines. I have a lot of medical bills that I am struggling with. My fear is that if I file, when they (Phillipine authorities)do a background check on me, they will determine that I am not financially viable enough to have a wife. Any info would be appreciated.

[Zedayn 485]

No, it does not affect the process. Debts are not considered in the process. You just need to make sure your income is above 125% of the poverty guidelines for your household size.

[Elizabeth+Fred 35]

I did mention this in a previous topic, but the answers were addressed more to a different issue. If anybody has info on bankruptcy, chapter 11 or 13, and how this affects the visa K-1 application, I would like to hear it. I have just sent off my k-1 paperwork. My fiancé is in the Phillipines. I have a lot of medical bills that I am struggling with. My fear is that if I file, when they (Phillipine authorities)do a background check on me, they will determine that I am not financially viable enough to have a wife. Any info would be appreciated.

The basic rules say that your annual **income** has to be at a certain level (100% or 125% of the federal

poverty guideline), and this number does not include whatever your costs and/or debts are. So, no, it will

not hurt you at first.

That is just for the first half of the process, where USCIS adjudicates the actual petition you filed.

Later on in the process, your fiancé will have to provide additional (and more detailed) information on your

financials during his interview, and there, they can (and, sometimes, will) ask for additional details.

Even later, when filing for AOS, you'll be providing them with an I-864 form, similar to the I-134 you did (or

will be doing) now, and again, they *could* ask for more info to make sure your fiancé is not going to become

what they call a 'public charge'.

This *could* be avoided by arranging for someone you know to act as a co-sponsor, if the consulate or

embassy in the Philippines allows that for a K-1; that I don't know.

Either way, whatever you do.. always be as honest as possible, but don't provide them with information

they did not ask for. As long as they don't ask, do not tell them things..

Good luck on your voyage!!

[I AM NOT THAT GUY 5,715]

when they (Phillipine authorities)do a background check on me

Filipino authorities will not do a background check on you. However, the DHS will request a background check on you.

Edited December 24, 2014 by I AM NOT THAT GUY

[Hank_ 9,174]

I did mention this in a previous topic, but the answers were addressed more to a different issue. If anybody has info on bankruptcy, chapter 11 or 13, and how this affects the visa K-1 application, I would like to hear it. I have just sent off my k-1 paperwork. My fiancé is in the Phillipines. I have a lot of medical bills that I am struggling with. My fear is that if I file, when they (Phillipine authorities)do a background check on me, they will determine that I am not financially viable enough to have a wife. Any info would be appreciated.

Nope won't have any impact on the process. Your gross income needs to meet the 125% of the I-864P poverty guidelines, after that all is good. Only USCIS and USEM check you and your fiancee out during this process.

http://www.visajourney.com/forums/forum/129-philippines/

[garet 0]

Thanks for your replies, everybody. It seems like, to be on the safe side, it would be better for me to wait until after her interview to start the bankruptcy process, if I choose to do that. (Not knowing what "additional information" they might want.) On the other hand, it would be nice to get my debts taken care of before she comes here. I still haven't decided what to do, but I sure appreciate the info.

[VOL 425]

Thanks for your replies, everybody. It seems like, to be on the safe side, it would be better for me to wait until after her interview to start the bankruptcy process, if I choose to do that. (Not knowing what "additional information" they might want.) On the other hand, it would be nice to get my debts taken care of before she comes here. I still haven't decided what to do, but I sure appreciate the info.

Depending where you live

I would have her sign a prenup, that way you assets and credit will not effect her and visa versa......

[Mike-eeh and Odie 193]

Garet,

Just a question of concern here. Do you really think it's wise to marry if you are filing for bankruptcy? Financial strains put a lot of pressure on a marriage, trust me. If you cannot afford medical bills now, imagine your bills with a new wife, and God-willing, future children.

Couple the fact that you will ruin your credit for the next 10 years. Credit is very important if you plan on ever buying a new home, take out a loan for those unexpected misfortunes, or even getting a new car, you know the family roadster.

I'm not saying don't marry, I'm saying, try to find another way to remedy your finances besides bankruptcy, like maybe take a loan from a family member.

Good Luck and God Bless!

[garet 0]

Thanks for your reply. Yes, I was concerned about the issue with credit rating. I was thinking that we might buy a trailer to put on my parent's property, and I would need a loan for that. My parents struggle with lack of money as well, but I will try to muddle through this without the bankruptcy.My financial situation is not going to improve, so I'm trying to make the best of it. I'm a newspaper photographer, been one for 18 years, and I'm in a dying industry. So, no raises coming my way. It would be helpful if she was here and able to work and help with bills.I guess it's up to God. Garet