Mother of 3 to petition my fiance

[Foodislife27 4]

Hello I shave a question. 

 

I will make ti straight to the point. 

 

So I have 3 kids. 1 here in USA and 2 are still in the Philippines. 

 

I am planning to petition my fiancee (not their biological father) next year once we fixed my document so we can see each other in person next year as well. 

 

However, i have a problem financially because I let my ex bf use my credit and used my name to get a car. When we broke up, he doesn't want to keep the car and pay for it so it was returned to me. I can't afford to pay this car since is it a sports car. I'm living paycheck to paycheck as well with my toddler. 

 

I am planning to file a bankruptcy for all the debts that i do have atm. 

 

 

Questions are:

 

1. Will I able to petition my fiancee even if I filed for bankruptcy?

2. Me having 3 kids, will it affect the qualification of me able to make a living for them?  

2. Will I need like someone who will be like my co-petitioner for this? I get paid like 40k a year

 

Please i need honest answers on this so we can plan it out.  Thank you. 

 

[payxibka 10,045]

59 minutes ago, Foodislife27 said:

Hello I shave a question. 

 

I will make ti straight to the point. 

 

So I have 3 kids. 1 here in USA and 2 are still in the Philippines. 

 

I am planning to petition my fiancee (not their biological father) next year once we fixed my document so we can see each other in person next year as well. 

 

However, i have a problem financially because I let my ex bf use my credit and used my name to get a car. When we broke up, he doesn't want to keep the car and pay for it so it was returned to me. I can't afford to pay this car since is it a sports car. I'm living paycheck to paycheck as well with my toddler. 

 

I am planning to file a bankruptcy for all the debts that i do have atm. 

 

 

Questions are:

 

1. Will I able to petition my fiancee even if I filed for bankruptcy?

2. Me having 3 kids, will it affect the qualification of me able to make a living for them?  

2. Will I need like someone who will be like my co-petitioner for this? I get paid like 40k a year

 

Please i need honest answers on this so we can plan it out.  Thank you. 

 

Are you a USC?

[Foodislife27 4]

9 minutes ago, payxibka said:

Are you a USC?

Yes I am a USC

[Just Paul 4,595]

You can file for your fiance at anytime.   The sponsorship (I-134) does not come into play until the consulate stage.

1 hour ago, Foodislife27 said:

1. Will I able to petition my fiancee even if I filed for bankruptcy?

Petition Yes.   Sponsorship is probably OK.  I-134 only asks about assets and not liabilities.

1 hour ago, Foodislife27 said:

Will I need like someone who will be like my co-petitioner for this? I get paid like 40k a year

That would be a co sponsor for the I-134.  For the I-864 ot os a joint sponsor.  With 40k you should be ok.   The determination of public charge is something in addition to having an adequate I-134.

 

Depending on the type of Bankruptcy you file you may have payments to the trustee.   Can you "afford" to support this person, in addition to yourself, for the 3 to 12 months it may take to get an EAD?

 

All that being said, a spousal VISA would allow for working right away

[CrisBR 30]

9 hours ago, Foodislife27 said:

Hello I shave a question. 

 

I will make ti straight to the point. 

 

So I have 3 kids. 1 here in USA and 2 are still in the Philippines. 

 

I am planning to petition my fiancee (not their biological father) next year once we fixed my document so we can see each other in person next year as well. 

 

However, i have a problem financially because I let my ex bf use my credit and used my name to get a car. When we broke up, he doesn't want to keep the car and pay for it so it was returned to me. I can't afford to pay this car since is it a sports car. I'm living paycheck to paycheck as well with my toddler. 

 

I am planning to file a bankruptcy for all the debts that i do have atm. 

 

 

Questions are:

 

1. Will I able to petition my fiancee even if I filed for bankruptcy?

2. Me having 3 kids, will it affect the qualification of me able to make a living for them?  

2. Will I need like someone who will be like my co-petitioner for this? I get paid like 40k a year

 

Please i need honest answers on this so we can plan it out.  Thank you. 

 

Hello!

First things first, the officers will want to understand how and if you are able to support all your household members. Keep in mind that your fiancé will only be legally allowed to work in the US after your marriage and adjustment of status and the waiting to get that work permit may take up to 6 months (sometimes, depending on the circumstances, this may stretch a little bit).

That being said, finances play an important role for granting or refusing a K1 Visa. 

I’m going to give you my own experience at the USCIS interview after I got married (already in the USA): The officer handed in my husband a reminder in written of his financial responsibilities with the government in case I was to become a public charge. 

The same officer addressed me the following question: Do you think you may become a public charge at any point?

So, to make the long story short, bankruptcies are not the best things to have on your record if you’re planning to bring someone to the US.

You have two choices, though: filing a I-129F petition and then find someone who’d be willing to be a sponsor for your husband-to-be (and then it gives you some time to solve your finances) or marry overseas, file a spousal visa (but you will still have to figure out how to disclose financial info) and this would grant your husband the right to work since the very first day he lands in the US.

I hope this may have been of any help to you. 

[Greenbaum 12,259]

The public rule charge has been vacated by a judge this week so that portion is off the table. The op only must be concerned with meeting the financial hurdle that the promulgates the income level needed to support the family size.

[JFH 12,190]

When you last posted, you hadn’t yet met the requirement of meeting in person within the last two years. Has that been achieved now? 
 

If not, when you do meet you might want to investigate getting married so that you can file for a spousal visa. If you are already living paycheck to paycheck as a household of 2, it’s going to be one heck of a struggle as a household of 5. As someone else has pointed out, being approved by the embassy on the matter of sponsorship is one thing, the reality of supporting a family of 5 on $40k a year with a bankruptcy or huge car loan around your neck is something else. 

[Boiler 45,670]

K1 seems a really odd choice, presumably he has adequate funds to help with your financial situation.

[JeanneAdil 6,559]

First of all ,  sell the car even if only someone can take over the payments and you don't get a dime

 

next understand how bankruptcy affects the new immigrant

his credit report can be left separate from yours but trying to establish new credit for an immigrant is hard if you can't cosign for him

 

https://www.experian.com/blogs/ask-experian/is-it-better-to-file-bankruptcy-before-or-after-marriage/

 

filing a bankruptcy either chater7 or 11 is the information you need to know and how that affects any tax return you may be eligible for

if a creditor can file a 1041 ,  that makes them eligible for your tax return in payment of the debt

 

understand this as USCIS does not do a credit report on you but your tax transcript for the affidavit of support cab show this debt because of a 1041 filed against your debt

 

https://www.sasserbankruptcy.com/blog/how-does-your-bankruptcy-affect-the-filing-of-your-tax-returns/#:~:text=When filing your tax return,be dischargeable under Chapter 13.

 

also this is something the 2 of you need to talk seriously about (explaining all the downsides)  as the fiance has a right to know

[Gomast 65]

19 hours ago, Paul & Mary said:

You can file for your fiance at anytime.   The sponsorship (I-134) does not come into play until the consulate stage.

Petition Yes.   Sponsorship is probably OK.  I-134 only asks about assets and not liabilities.

That would be a co sponsor for the I-134.  For the I-864 ot os a joint sponsor.  With 40k you should be ok.   The determination of public charge is something in addition to having an adequate I-134.

 

Depending on the type of Bankruptcy you file you may have payments to the trustee.   Can you "afford" to support this person, in addition to yourself, for the 3 to 12 months it may take to get an EAD?

 

All that being said, a spousal VISA would allow for working right away

Just to be clear, waiting 12 months for EAD isn’t a worst case scenario. It can take significantly longer than that. And the time is counted from the time that you file the I-765, not from the time of his arrival to the US. 

[databit 328]

7 hours ago, Greenbaum said:

The public rule charge has been vacated by a judge this week so that portion is off the table. The op only must be concerned with meeting the financial hurdle that the promulgates the income level needed to support the family size.

No, a day later I-944 was reinstated: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/inadmissibility-on-public-charge-grounds-final-rule-litigation

[databit 328]

The I-944 is what you need to look at to see if the demands of it can be met. It is back in force for now.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/inadmissibility-on-public-charge-grounds-final-rule-litigation

[Greenbaum 12,259]

4 hours ago, databit said:

No, a day later I-944 was reinstated: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/inadmissibility-on-public-charge-grounds-final-rule-litigation

I wasn’t aware of this change from USCIS. Thanks for the information.

[Foodislife27 4]

On 11/6/2020 at 1:54 PM, Paul & Mary said:

You can file for your fiance at anytime.   The sponsorship (I-134) does not come into play until the consulate stage.

Petition Yes.   Sponsorship is probably OK.  I-134 only asks about assets and not liabilities.

That would be a co sponsor for the I-134.  For the I-864 ot os a joint sponsor.  With 40k you should be ok.   The determination of public charge is something in addition to having an adequate I-134.

 

Depending on the type of Bankruptcy you file you may have payments to the trustee.   Can you "afford" to support this person, in addition to yourself, for the 3 to 12 months it may take to get an EAD?

 

All that being said, a spousal VISA would allow for working right away

Thank you so much! Just want to know if K1 will work for us. As for joint sponsorship, US Embassy in Philippines does not accept joint sponsorship. 

 

We really want things to work out and we want to see our options regarding our case. 

 

[Foodislife27 4]

On 11/7/2020 at 3:44 AM, Greenbaum said:

The public rule charge has been vacated by a judge this week so that portion is off the table. The op only must be concerned with meeting the financial hurdle that the promulgates the income level needed to support the family size.

This is what we are hearing as well. As long as my income meets the 125%, we are good. I checked and 5 is $36500 and my income is $40k a year. 

 

Our concern is that my bankruptcy will be an issue even if I meet the 125%