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Can US citizen spouse file for k3 visa if he filed bankruptcy?

Schenectady, NY |

Husband filed for bankruptcy but waiting for it to be discharged. In the meantime, can he file for a k3 petition for his wife? His son is already an american citizen.

Attorney Answers 2

Posted

Bankruptcy doesn't make a U.S. citizen unable to apply for a K-3 or an I-130 petition. But he will need to be able to show compliance with the requirements of the I-864 affidavit of support, by which he and any co-sponsors would ensure the existence of available income at least 125% of the federal poverty levels.

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Posted

Hello:

Yes, he can apply. The Bankruptcy itself does not stop him. However, if he does not make enough money and his spouse will become a public charge, then it would most likely be denied. However, you could always get a joint sponsor. Please see more below.

Regards,

Brian D. Lerner
Attorney at Law

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