Cgirl

In 1995 I entered the US with my Canadian husband as a dependent. In
2000 we were divorced (divorced in the USA) and I surrendered my
status and went back to Canada. Since I had been in the US for a while
I took advantage of NAFTA and have been 'visiting' the US at least 6
months of the year and staying with various friends while here.

After the divorce in 2000 my ex-husband (who remained in the US and
got married to a US citizen in 2001) was ordered to pay me support,
but he quit paying me with no notice and refused to speak to me. It
was a huge pain to fight him to pay the support. The long battle
resulted in my US credit being completely ruined and a legal judgement
against me due to an issue with my US bank account. My ex had put stop
payments on pre-dated spousal support checks and did not tell me he
did this. One of these checks was cleared by my bank before the stop
payment was caught. They gave me the money, I spent it to pay bills,
but then they demanded all the money back etc. Of course, I couldn't
pay and as I was just living off of spousal support and here in the US
"Visiting" (from Canada) and unable to work I could not pay the money
back and the bank sued me and won the judgement (I was afraid to show
up in court to defend myself).

Anyway, long story short... I had kept in touch with an old friend and
over the course of the last few years we have fallen in love an wish
to become married. I am here in the US "visiting" and we plan to be
married very shortly. We are not planning on getting the K Visa as we
heard it's a big pain and we can just adjust my status here once we
marry.

My big concern is that my credit is ruined and the bank that sued me
and won the judgement is putting levies on my US account. So far I've
just kept $20 in the account to keep it open and it has been OK, but
the judgement is recent and I'm sure they will keep trying to seize
money from any accounts I have. I have read reams of info that state
that to prove a bona-fide marriage you have to have a lot of things in
joint posession like bank accounts, credit cards, leases etc.
Naturally, I don't qualify for any type of credit and I have been
black listed at most banking institutions. It will be very difficult
for my fiance and I to get joint accounts once we are married based on
what I have read. What do you think the INS interviewer will say if we
have no bank account or credit cards etc in both of our names? Will
they take into consideration the fact that my credit was ruined before
our marriage and understand why we have no joint assets or accounts?
We are both musicians and plan to live with his mother while we pursue
our careers and build a life. I don't know if I should put my name on
the lease in case someone from the bank finds me and tries to seize
assets. My fiance is self-employed and there are no health policies or
life insurance of 401K type things that I can add my name to.

Will the INS be totally suspicious of our case if we don't have joint
assets? What else will we need to prove that we are married? We both
tour and sometimes are apart. All I'll be able to offer is pictures
and affidavids.

I just am afraid that this will all look bad. We are planning on a
small wedding by a Justice of the Peace, both of us are older, I've
been married once before and we don't have money for a big fancy
wedding. My parents are struggling financially and can not come to the
wedding and have not actually met him either. They aren't interested
in my personal life really.

What are some of the things we can do to make our case strong when it
comes time for the interview. I don't forsee me filing for bankruptcy
as that will reflect badly on him and there are other reasons I can't
file just now, and I don't think I'll be able to settle my debts
anytime soon.

Any help you have would be appreciated.

Duckie

i am not so sure bankruptcy will refelect bad on him. if you cannot pay your debts, than bankruptcy is the only way to go. and as a result your credit would be destroyed for a few years, but restored automatically. but your credit is destroyed anyways already. after you file bankruptcy you will be able to open bank accounts. the only thing you wont be able to do, is to let the account run below zero.

Rete

The AOS interview might be a while in coming and hopefully you will have lots of other evidence to prove the validity of your marriage.

However, it would only help your cause to try and clear up this financial problem with the bank. You have a judgment against you and this is serious business. If you can't make restitution immediately, you will have to attempt to get them to accept monthly/weekly payments to satisfy the debt. You can and should go after your ex-husband for fulfillment of his support agreement.

Just a question though. Why didn't you remain in Canada and find employment and pay off your debts in the US? It certainly was not wise of you to surrender your green card when you wanted to remain in the US. You could have been working here instead of visiting and you could have been paying off what debts you had accumulated over the five years you were a resident in the US.

Good Luck

Rete

cindyabs

I agree about going after your ex for fufillment on the support money. I had to do that with mine, cost me 750 dollars for the lawyer, which I had to borrow,but the amount in question was 13,000.......

Matt/Danielle

Doesn't answer your actual question, but I have a tip RE: your "black
listing" with banks...

I work as a personal banker for First Federal Capital Bank based out of
Wisconsin and know how that list works. For us it's called Chex Systems,
which is a national database. Any financial institution or retailer that
thinks you have mishandled checks (NSF activity, if you have a merchant
holding a check etc) excessively can report you to Chex. This report is a
screen I have to run through at an account opening, just like viewing a
credit report for a loan; if a person turns up a Chex report, it is
physically impossible for me to move on to the next screen and I must deny
the account (bad credit won't affect your eligibility for an account, only
your history of handling checks). BUT, I HAVE 2 THINGS TO OFFER YOU...

THE NAUGHTY WAY: Go on the last or second to last business day of the
month. If banks are trying to meet goals, they'll do everything in their
power to help you get that account - supermarket branches are ESPECIALLY
goal-oriented. My suggestion for opening the account is for your husband to
go in and open it as a single account in his name only. About 10 days
later, both of you should visit the bank; announce your marriage and ask to
have your name added to the account. You have about a 90% change they won't
run you through Chex at this point - they are supposed to call them up and
give your details to a rep though (bad luck if you get someone that anal).
If you think this is what they're going to do, BACK OUT. Make an excuse and
say you're in too much of a rush to hang around and wait. Our bank is
lenient to married couples trying to do this and so we never bother to make
that call and just go ahead and add you. The argument to make is to say
you're married and that your husband should be able to accept the risk of
adding you. Another desparate option is to ask to have your details added
to your husband's check information. You won't ever be able to walk up to
the teller line and ask to withdraw cash, but merchants/people you're
mailing bills to don't check account ownership - they just look at the names
on the check.

THE GOOD WAY: If the institution that reported you is no longer owed money,
there is a good chance they'll file what's needed to remove you from Chex -
you must be the one to request it from the institution you owe though.
You'll be removed from the system in roughly 7 business days.
Alternatively, ask at a bank if there is any kind of approved class you can
go to about checking accounts. Sometimes we offer classes that, once you
pass, entitle you to be removed from Chex providing you are no longer
overdrawn/the merchant is paid off etc.

Matt
(Going to personal banker hell for sharing this info with everyone)

Dekka's Angel

It does look bad.

You are evading a court judgment rather than try to get it overturned or make good on your obligation. You are very fortunate that the situation you find yourself is in is civil - had the problem been caused by your check and your refusal to cure an overdraft caused by it, it would have been far more serious. This could have led to an arrest and conviction of a crime of moral turpitude - something that BCIS normally cares about very much.

But if things are as you describe your situation is totally fixable, provided you are willing to step up to the plate and take responsibility for fixing it. I would start by acknowledging that you cannot "run" from this debt. The judgment is a matter of public record, readily discoverable by anyone who wants to discover it.

After you acknowledge that, you have several paths, you just need to decide which subset of them to take.

First, I would go to your local Legal Aid office and ask after two things:

(a) Have someone evaluate whether the judgment against you is truly "final" or if it can be set aside/still attacked and, if it is not truly final, what options you have to get it set aside/settled out. Depending on what you are told about the state of the judgment (final) I'd seriously consider speaking to the bank and telling it that you are willing to honor your obligation to make good on the overdraft in partial payments, and asking if it will remove you from Chex Systems after they are paid. After all, what they care about is their money. A lawyer can help you negotiate this better than you may be able to on your own.

(b) Have the same lawyer evaluate whether your ex husband can be sued for indemnification on the judgment and if so, sue the bum. After all, it was your ex's check being dishonored for a lawful support obligation that supposedly caused the overdraft. Willful stop payment to evade a legitimate debt is a *crime* in most jurisdictions, and he might well be willing to pony up the money to take care of this if ultimately he is haled in front of a judge to explain all this. Since he's married and all, presumably you know where he and his assets are, making it worthwhile to pursue a judgment against him.

I'd then go back to the family court that issued your spousal support award and inform it of what has happened because of your ex's willful evasion of his spousal support obligation. In all likelihood the court will issue one of a number of orders available to it (wage garnishment, advance deposit requirements, bond, etc.) to ensure that your ex actually pays what is owed on spousal support - both the arrears and going forward until you remarry. But you need to do this *before* you remarry since remarriage terminates the jurisdiction of the family court over spousal support in every jurisdiction that I am familiar with.

Bankruptcy as a single woman reflects on nobody but you and even then not as harshly as you might surmise. It also is the *fastest* way to get yourself back on your credit feet if things are as bad as you report. After 6 months you will likely qualify for a car loan, after 2 years for a mortgage. If you are married, however, the bankruptcy will possibly affect your husband's credit as well, so you need to file before you get married. Again, see if you can consult with a pro bono bankruptcy lawyer - because you may well need to creatively find a way to make good with the bank if you want to be removed from the Chex reporting system, even if their judgment is dismissed in bankruptcy.

Honestly, it sounds as if bankruptcy *is* the only easy option for you, if you are basically scrambling to stay one step ahead of your creditors and are keeping your money underground to avoid having it seized to pay your debts. This type of conduct never reflects good on anyone, frankly -- particularly folks who are looking for reasons to judge people. I think stepping back and looking at this a little more might give you some perspective. This situation will not get better on its own. That judgment will exist for 10 years minimum and if the bank decides to renew it, last indefinitely, accruing interest all the while. It will affect your credit, your ability to buy a house in your name (since most banks will want to see a deposit source of any meaningful funds for a down payment), other things as well (some employers will not even hire you with this type of thing outstanding).

Of course, in the end how BCIS will handle things I do not know - they may have no legal ability to deny AOS based on this type of thing. I do not know the answer to that question. Good luck to you no matter what you decide.

DCMark

On another topic (which I am surprised no one noticed). It sounds like you may be committing 'visa fraud' because you are 'visiting' so often.

You are essentially living in the US on the Visa Waiver Program. That in itself if illegal.

What is even worse, is that if you went back to Canada at any time when you knew you were going to marry your US fiancee, you should not have returned to the US on the VWP. At that point, you had immigration intent and should go for a K1 or K3.

If you did come back with the intent to marry (and you lied at the POE), your financial problems are not your biggest worry.

AnnaV

May I also suggest using a credit union instead? They have different rules from banks, but they pretty much work like banks for your purposes. To open an account (I'm the alien spouse), all I needed to produce was a driver's license for identification. I received some checks to start with that same day, and a couple of checkbooks by mail a week later. After I read about the big deal that's being made about joint accounts with the BCIS, it was my spouse's name (USC, and he has an excellent credit history) that was added to my account, and it was all done in a few minutes. Am not sure if they go through the Chex system, though.

Your fiancee might want to open an account with them, then add you to it after you get married. We just presented our wedding certificate and my husband's driver's license when we added him to my account.

Rete

This issue is valid, Mark. However, she is Canadian and there is leniency there that is not available to those under the VWP in terms of entering, staying and returning to Canada. Also she is able to stay for 6 months at a time and there is the issue that if you drove into the States, your overstay is not easily determined. The third paragraph of your post is the ten footer but after a day like I had today with broken water pipes, walls torn down, a car 15 miles north of me for maintenance, I will touch the comment with a "probably will not be an issue at the time of the AOS interview" if she did not commit any verbal fraud upon entry.

Rete

imkimmy

This may sound like I am splitting hairs, but Canada is not a participant in the VWP. Travel between US and Canada is because of NAFTA.

Kimberly

Axqi Rqvst

On 5/13/03 9:48 AM, in article
[email protected], "cgirl"
wrote:

    > My big concern is that my credit is ruined and the bank that sued me
    > and won the judgement is putting levies on my US account. So far I've
    > just kept $20 in the account to keep it open and it has been OK, but
    > the judgement is recent and I'm sure they will keep trying to seize
    > money from any accounts I have. I have read reams of info that state
    > that to prove a bona-fide marriage you have to have a lot of things in
    > joint posession like bank accounts, credit cards, leases etc.
    > Naturally, I don't qualify for any type of credit and I have been
    > black listed at most banking institutions.

Your credit has nothing to do with immigration issues. Your proposed
spouse's ability to support you is relevant.

As for the bank: you can put them to sleep with a bankruptcy filing.
Canadian citizens can file if (and only if) they have a bona fide connection
with the US (residence, domicile, assets, business). The easiest way is
physical presence for 91 days, perhaps a car, bank account ($20 is fine).

As for preventing seizure of your bank account: your (new) spouse can give
you power of attorney over his account without making you a co-owner that
would subject it to seizure to satisfy the judgment against you.

Your first step should be to tell the judgment creditor (your bank or its
lawyer) that you are about to file Chapter 7, and that you will cooperate if
they want to proceed with you after your ex. Or perhaps they will
compromise.

A credit rating means rather little, if you know your way around. You can
keep your credit separate from your husband's; a trust can be used to give
you an interest in his post-marital assets without allowing creditors to get
at it. Or you can set up an LLC or a limited partnership or a Family Limited
Partnership. There are so many possibilities ... But you can't get all the
knowledge you need on a newsgroup.

A bona fide marriage is cohabiting and, if you will permit me to say so,
consummating the marriage repeatedly. And you don't even have to share the
same address if one of you works in Calif and the other in NY and you visit
each other constantly. Gender equality = right of separate domicile. Length
of marriage is also relevant. When I went to get a UK residence permit based
on my wife's status (that was before one of my countries -- Switzerland --
signed a treaty giving me EU residence rights -- the NY consul laughed and
said that since we'd been married 27 years he guessed it was bona fide).

Good luck and a happy life to you.

Mrtravel

Matt/Danielle wrote:
    > Doesn't answer your actual question, but I have a tip RE: your "black
    > listing" with banks...
    >
    > I work as a personal banker for First Federal Capital Bank based out of
    > Wisconsin and know how that list works. For us it's called Chex Systems,
    > which is a national database. Any financial institution or retailer that
    > thinks you have mishandled checks (NSF activity, if you have a merchant
    > holding a check etc) excessively can report you to Chex. This report is a
    > screen I have to run through at an account opening, just like viewing a
    > credit report for a loan; if a person turns up a Chex report, it is
    > physically impossible for me to move on to the next screen and I must deny
    > the account (bad credit won't affect your eligibility for an account, only
    > your history of handling checks).

Matt,

I know what you mean. For this reason, I am going to recommend the OP
and her husband open an account with Etrade Bank, if she is in
chexsystems. Due to an unsavory offshore investment, I was stuck
spending a lot of money and writing checks against a huge deposited
check that did not clear. Then, of course, with the market crash,
finance have changed quite a bit. While my current income is high by
most standards, it is going to take a long time to pay off this debt.

I also have problems opening bank accounts, and found that Etrade Bank
did not run me through Chex Systems. They are online, and deposits are
not too easy, unless you use direct deposit, but the first deposit can
be through an ACH electronic check. They have ATMs all over the place,
and do not charge a fee if you need to use another bank's ATM,
domaestically or internationally.

Mrtravel

imkimmy wrote:

    >
    > This may sound like I am splitting hairs, but Canada is not a
    > participant in the VWP. Travel between US and Canada is because of
    > NAFTA.

This was possible many years before NAFTA.

Duckie

just a stupid question, but dont go the fees for going to differant atm not to the owner of the atm?

meauxna

Many times the customer is charged a fee by the owner of the ATM and a fee by their own bank.