Filing for Bankruptcy just before my wife files for Citizenship

[nemozed 1]

Due to an accumulation of debts, including medical debt, I have finally reached the point where I had to file bankruptcy.  The Discharge hearing is scheduled for May 23rd.  My wife is eligible to apply for citizenship in June and wants to apply on June 1st.  She has been informed by several friends who recently obtained their citizenship that there is a prolonged interview about your life, your relationship and your finances prior to taking the test.  We need to know whether or not admitting that I had to file for bankruptcy will negatively effect her application? 

[shell20 746]

From what I have read, no it shouldn't be a problem. Only problem is from what Ive read when its to do with tax.

I’m a U.S. permanent resident, who got laid off two years ago. I kept using my credit cards to pay my family’s rent and other expenses, hoping I would find a job to pay it all off. But the payments got to be too high. So now I am in bankruptcy. Can I still become a U.S. citizen, or will the immigration people think I’m a loser?

 

 

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Answer

The real question isn’t whether you’re a “loser” (and if you are, so are millions of U.S. citizens also unfortunate enough to have lost their jobs), but whether you have the “good moral character” required to become a naturalized U.S. citizen. Financial problems alone are not a bar to this finding of good moral character.

What is “good moral character?” The law actually says more about what is isn’t than what it is. U.S. immigration law sets out some automatic bars to a finding of good moral character, such as commission of certain crimes (but not debt, unemployment, or bankruptcy). And, beyond the law, U.S. Citizenship and Immigration Services (USCIS) has set forth various automatic bars, such as failure to pay taxes. The Form N-400 Application for Naturalization specifically asks about taxes – but it doesn’t ask about debt, foreclosure, bankruptcy, or related financial issues.

You did not mention whether tax debt was an issue in your case, but you can expect to have to pay any federal, state, or local taxes that you owe, plus penalties, before you are approved for citizenship. In the alternative, USCIS may accept proof that you are cooperating with an IRS payment agreement.

Beyond the automatic bars, a finding of good moral character is largely up to the subjective determination of the USCIS officer deciding your case. Applicants need not be more upstanding than average citizens in the community where they live, but they must at least meet the same standard.

The officer’s discretion must nevertheless be exercised reasonably. For example, at one time, some USCIS officers routinely denied citizenship to people who were receiving public assistance, until attorneys and immigration advocates protested. They leaned on USCIS to acknowledge that lawful receipt of benefits (with no fraud involved) says nothing negative about a person’s morality.

Of course, if you have engaged in unlawful behavior stemming from your financial trouble, such as committing fraud in order to claim public assistance, or failed to pay child support, this will be factored into the decision of whether you have the good moral character required to become a U.S. citizen. In such a case, you would want to consult an attorney before applying. Illegal behavior can result not only in a denial of citizenship, but in deportation (removal) from the United States.

 

Edited April 29, 2017 by TBoneTX
to remove apparent advertisements

[nemozed 1]

Thank you.  I do have a tax bill I have been paying off and I am now down to where it might be possible to have it paid off by June.  I have none of the other problems listed above, failure to pay child support (no children) or anything like that.  Nor are we on public assistance of any kind.  

[TBoneTX 47,310]

A post has been edited to remove what could be interpreted (or misinterpreted) as advertisements.

[Udella&Wiz 325]

My citizenship interview was 10 minutes long, during which they reviewed my application, any supporting documents and had me do the written and oral tests. I was not asked about my finances, let alone my USC husband's finances. As long as she (and by extension you)has filed taxes yearly she is in compliance. 

 

I think your wife will be fine.

[Texaco5 32]

One of the items you have to provide as supporting evidence will be your tax returns and/or tax return transcripts for the past 3-5 years (depending on how long you have been married).

 

It is likely that your bankruptcy discharge and the associated taxes will be reflected in these tax return filings, so as long as you are up to date on whatever payment plan you have agreed with the tax authorities, you should be fine.

[MyJourney 276]

I remember from my readings/research back when I was applying for my green card that there is a consideration that a successful applicant should not be prone to becoming a financial burden to the larger public/government.
Not you personally, but your wife, I think, should demonstrate some promise/ability to be financially independent/sound to boost her case. It may also be important on how many (if any) of the debts you incurred she is a co-signer - the fewer, the better. That is my personal opinion, I may be wrong.