Bankruptcy after DQ

[Mintosman 11]

Any ideas how starting the bankruptcy process while we wait for our interview? Has anyone seen them ask for updated forms due to the LONG DELAYS? Or will my spouse just go in with our current paperwork and just have those documents handy in case they ask? Also, we have a Co-sponsor, so does filing bankruptcy count less (so-to-speak) than if we didn't have a co-sponsor? 

[Crazy Cat 39,427]

Where is that even mentioned in your immigration paperwork?  I can't think of why it would be an issue.

[Mintosman 11]

At the interview, the CO asked our friend about unpaid mortgage that was included in their bankruptcy. They were caught off guard. It wasn't mentioned anywhere yet the CO brought it up and the fiance' had no clue how to answer. This was at the same embassy (Nairobi). So, no it isn't mentioned, and yet they had to get a lawyer to provide proof the loan was discharged in their bankruptcy. Hence my question. 

[Mintosman 11]

On 3/9/2021 at 3:12 PM, Lucky Cat said:

Where is that even mentioned in your immigration paperwork?  I can't think of why it would be an issue.

Thoughts?

[retheem 553]

On 3/9/2021 at 4:45 PM, Mintosman said:

Any ideas how starting the bankruptcy process while we wait for our interview? Has anyone seen them ask for updated forms due to the LONG DELAYS? Or will my spouse just go in with our current paperwork and just have those documents handy in case they ask? Also, we have a Co-sponsor, so does filing bankruptcy count less (so-to-speak) than if we didn't have a co-sponsor? 

Go with current paperwork and all other documents. Bankruptcy is in public records, so chances are, they will see it. 

[pushbrk 12,182]

4 hours ago, retheem said:

Go with current paperwork and all other documents. Bankruptcy is in public records, so chances are, they will see it. 

Bankruptcy is not a "public record" until it is discharged.  That usually takes 3 months or so after filing.  While filing bankruptcy might FEEL like a scare on your finances, it is only a scar on your credit rating.  (for a long time)  Once a Bankruptcy is discharged, the person's finances and ability to support an immigrant actually improve because most or all their debt disappears.  It's good the OP is doing this BEFORE the spouse is included in the filing.

[Mintosman 11]

11 minutes ago, pushbrk said:

Bankruptcy is not a "public record" until it is discharged.  That usually takes 3 months or so after filing.  While filing bankruptcy might FEEL like a scare on your finances, it is only a scar on your credit rating.  (for a long time)  Once a Bankruptcy is discharged, the person's finances and ability to support an immigrant actually improve because most or all their debt disappears.  It's good the OP is doing this BEFORE the spouse is included in the filing.

Thanks as always Pushbrk! My attorney advised against it but I think it has it's advantages and disadvantages 

[pushbrk 12,182]

22 hours ago, Mintosman said:

Thanks as always Pushbrk! My attorney advised against it but I think it has it's advantages and disadvantages 

Attorney advised against the bankruptcy itself, or just the timing?  If, the timing, maybe just a wrong assumption about the impact on the immigration process.

[Mintosman 11]

3 minutes ago, pushbrk said:

Attorney advised against the bankruptcy itself, or just the timing?  If, the timing, maybe just a wrong assumption about the impact on the immigration process.

She is a little hesitant just because of the means test (with a Co-sponsor I feel I am safe). She is a little more conservative in her thinking. If that was the only factor I might ignore her advice and just file. However, in speaking to a bankruptcy attorney, they advised it's best to wait until my wife and kids get here; my expenses will increase thus more debt can be wiped out. I need to file before my wife gets a job so she is not a party to the bankruptcy. 

[pushbrk 12,182]

2 minutes ago, Mintosman said:

She is a little hesitant just because of the means test (with a Co-sponsor I feel I am safe). She is a little more conservative in her thinking. If that was the only factor I might ignore her advice and just file. However, in speaking to a bankruptcy attorney, they advised it's best to wait until my wife and kids get here; my expenses will increase thus more debt can be wiped out. I need to file before my wife gets a job so she is not a party to the bankruptcy. 

I would listen to the bankruptcy attorney, who knows more about your actual financial circumstances and how to keep your spouse out of it.