USC going bankrupt

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Old Aug 23rd 2011, 11:34 am
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Default USC going bankrupt

Has any one any knowledge of whether or not the K-1 visa application and subsequent application for permanent residence following marriage would be affected if the USC decides to go bankrupt before the application process is started. If there is no choice for the USC but to go bankrupt then what are the alternative options if any? I am a UKC and am unable to self sponsor.

Any advice is much appreciated.

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Old Aug 23rd 2011, 12:08 pm
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Default Re: USC going bankrupt

Originally Posted by pondskipping
Has any one any knowledge of whether or not the K-1 visa application and subsequent application for permanent residence following marriage would be affected if the USC decides to go bankrupt before the application process is started.
Prior to receiving the K-1 visa, there must be a sponsor to complete the I-134. Usually, it's the USC fiancee (or the non-USC can "self-sponsor") but it doesn't have to be. Anyone who qualifies - anyone at all - can be the sponsor.

After marriage, the USC spouse must be the sponsor for the I-864 even if that person doesn't qualify financially - for whatever reason. In that case, a joint sponsor will be required... any USC or PR, living in the US, and over age 18.

As long as there is a sponsor for the I-134 and a joint sponsor for the I-864, I doubt bankruptcy will affect the process at all.

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Old Aug 23rd 2011, 12:18 pm
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Default Re: USC going bankrupt

Originally Posted by ian-mstm
Prior to receiving the K-1 visa, there must be a sponsor to complete the I-134. Usually, it's the USC fiancee (or the non-USC can "self-sponsor") but it doesn't have to be. Anyone who qualifies - anyone at all - can be the sponsor.

After marriage, the USC spouse must be the sponsor for the I-864 even if that person doesn't qualify financially - for whatever reason. In that case, a joint sponsor will be required... any USC or PR, living in the US, and over age 18.

As long as there is a sponsor for the I-134 and a joint sponsor for the I-864, I doubt bankruptcy will affect the process at all.

Ian
Thank you, thats very useful to know.
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Old Aug 23rd 2011, 12:56 pm
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Default Re: USC going bankrupt

The affidavit of support is generally supported by work income. Also one of the concepts in the BK is the "fresh start."

Take a look at the I-864 form instructions and see what the documentary requirements are.
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Old Aug 23rd 2011, 2:42 pm
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Default Re: USC going bankrupt

Originally Posted by pondskipping
Has any one any knowledge of whether or not the K-1 visa application and subsequent application for permanent residence following marriage would be affected if the USC decides to go bankrupt before the application process is started. If there is no choice for the USC but to go bankrupt then what are the alternative options if any? I am a UKC and am unable to self sponsor.

Any advice is much appreciated.
In and of itself, claiming bankruptcy will not affect the USC's ability to complete an I-134 or I-864, as long as the USC still earns enough income, or has enough in assets, or has a joint sponsor (for the I-864).

Rene
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Old Aug 23rd 2011, 5:22 pm
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Default Re: USC going bankrupt

Originally Posted by S Folinsky
The affidavit of support is generally supported by work income. Also one of the concepts in the BK is the "fresh start."

Take a look at the I-864 form instructions and see what the documentary requirements are.
Sorry for my ignorance, but what is a BK?
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Old Aug 23rd 2011, 5:39 pm
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Default Re: USC going bankrupt

Google is your friend - top of the list:
http://www.acronymfinder.com/Slang/BK.html

Regards, JEff


Originally Posted by pondskipping
Sorry for my ignorance, but what is a BK?
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