Bankruptsy OK?

[LaurenAmber]

A friend of mine had a desperate question that I had no answer for, so i figured i'd come to you lovely people.

 

My friend jsut recently got married to a wonderful women in Korea. I know Korea is diff. than China, but i still gotta ask. He wants to bring her back to America, but there's a snag.

 

He's been struggling to make ends meet with having to be in Korea on business. His business doesn't pay well and his bills back in the states are stacking up and his debts are getting worse. His life has gotten to the point where he is having to consider bankrupsy.

 

The thing is, is that going to cause him problems with his K3? He knows that he needs his dad to co-sponsor (his dad makes WELL above the mark)

 

So any answers you guys could provide would be great. Thank so much on his behalf.

[Randy W]

I don't think that there's a need to report debts anywhere on his application, just income and assets. BUT - they may run a credit check on him and find out that way.

 

Not much he can do at this point, unless an income statement would show a better level of income (the tax return is only one piece of evidence that they can look at)

 

All he can do is try - we don't know his specifics, so there really is no way to judge.

[Guest WenDylan]

That would be the reason to provide a co-sponsor. Nothing is certain, but providing the co-sponsor betters your case being solid.

Edited November 9, 2008 by WenDylan (see edit history)

[LaurenAmber]

I don't think that there's a need to report debts anywhere on his application, just income and assets. BUT - they may run a credit check on him and find out that way.

 

Not much he can do at this point, unless an income statement would show a better level of income (the tax return is only one piece of evidence that they can look at)

 

All he can do is try - we don't know his specifics, so there really is no way to judge.

 

He was planning on being upfront about it if he needed to. Or to at least explain it fully to his wife incase that comes about. His income statement is barely above the mark i think, his father is way above the mark though.

 

He was wanting to know what to do before he filed. It's not like he WOULDN'T be able to provide for his wife (cost of living here is very low, yay alabama) He just really needs to get out of debt or he CAN'T provide for his wife, but he doesn't want to gamble about the visa.

 

 

That would be the reason to provide a co-sponsor. Nothing is certain, but providing the co-sponsor betters your case being solid.

 

Mmk, yeh his father can definitely co-sponsor, he just didn't want it to make a bad mark on him. He doesnt want his wife to go through any hardships, which is why he's considering bankruptsy. Cuz really for him it's that or he'll have to continue to struggle to make ends meet

[Randy W]

It's his call whether to postpone the application and deal with his issues, or go ahead and file now and see what happens.

 

Nobody can tell him how it will turn out, unless you can find someone with a similar situation. Check VJ.

[LaurenAmber]

It's his call whether to postpone the application and deal with his issues, or go ahead and file now and see what happens.

 

Nobody can tell him how it will turn out, unless you can find someone with a similar situation. Check VJ.

 

 

Yeh i mean it's really his call. I told him his best bet would also be to talk to a K3 attorney. He'll be coming back to America soon so he's wanting to settle it soon

[lostinblue]

http://www.foxnews.com/wires/2008Oct18/0,4...rHawaii,00.html

Is he aware of the new visa wavers in dealing with S korea

[LaurenAmber]

http://www.foxnews.com/wires/2008Oct18/0,4...rHawaii,00.html

Is he aware of the new visa wavers in dealing with S korea

 

 

But that's for short trips, not for spouses

[warpedbored]

if he has a joint sponsor he should be OK

[Randy W]

if he has a joint sponsor he should be OK

 

 

Yes, the I-134 is satisfied by a co-sponsor. But the background check may turn up a bad credit rating, which may be a factor in his petition and visa approvals.

[LeeFisher3]

His credit rating should have nothing to do with his filing, the I-134, I-864 and the immigration laws in 8 CFR do not contain any wording as to credit worthiness concerning the visa process.

 

But if he has unpaid child support in his stack of unpaid debts DOS can stop the visa process.

 

Also, bankruptcy laws have change and he may not be able to dissolve his debts, but have protection from creditors with supervised payment.

[LaurenAmber]

His credit rating should have nothing to do with his filing, the I-134, I-864 and the immigration laws in 8 CFR do not contain any wording as to credit worthiness concerning the visa process.

 

But if he has unpaid child support in his stack of unpaid debts DOS can stop the visa process.

 

Also, bankruptcy laws have change and he may not be able to dissolve his debts, but have protection from creditors with supervised payment.

 

 

That's what i thought, because if credit rating played into it then there would be a lot of people (myself included) in trouble. I've even contemplated bankruptsy at one time or another just because with the economy the bills are too high and the pay is too little.

 

He doesn't have anything like child support or whatnot. Just like basic bills and loans. He wasn't wise and got things like an A.R.M. and that's killing him now.

 

He knows it won't dissolve them most likely, but it will help him to be able to get on his feet and get a fresh start.

[Randy W]

His credit rating should have nothing to do with his filing, the I-134, I-864 and the immigration laws in 8 CFR do not contain any wording as to credit worthiness concerning the visa process.

 

 

 

They run background checks as a major part of the process. To claim that they wouldn't run a credit check is naive.

[LaurenAmber]

His credit rating should have nothing to do with his filing, the I-134, I-864 and the immigration laws in 8 CFR do not contain any wording as to credit worthiness concerning the visa process.

 

 

 

They run background checks as a major part of the process. To claim that they wouldn't run a credit check is naive.

 

 

I think he just meant that it wouldn't play majorly into the process. It's obvious that credit score comes up in the background check. But i don't think it's going ot be a MAJOR factor as long as he has a co-sponsor

[LeeFisher3]

His credit rating should have nothing to do with his filing, the I-134, I-864 and the immigration laws in 8 CFR do not contain any wording as to credit worthiness concerning the visa process.

 

 

 

They run background checks as a major part of the process. To claim that they wouldn't run a credit check is naive.

Congress didn't give them the authority to check your credit to file for a visa, now if you were being looked at for a top secret clearance it's another story.

 

Also, if they did it must be reported on one of the 3 main credit agencies. I haven't seen anything on my credit reports and I'd bet you won't find it with anyone else.

 

But a conspiracy theory could be built around this topic.