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I need to know how my filing Chapter 7 Bankruptcy in WA State might affect my husbands CR1 Visa if he files bankruptcy with me.

Seattle, WA |
Filed under: Immigration

In 12/2011 we had a small grease fire in our kitchen, I had already needed to file chapter 7 bankruptcy before this happend. I am the sole sponsor on my husbands immigration papers, and he is here on a CR1 visa (conditional status to be removed in Jan 2013). If he files Chapter 7 with me will it affect his visa??

Attorney Answers 3


  1. Bankruptcy will not effect his status but as his sponsir there are financial considerations. I suggest you consult with an experienced immigration attorney.


  2. The government generally does not check your or your husband's finances when you both file the petition to remove conditions or when he files his application for naturalization. So, the immigration services would not know about the filing of the bankruptcy petition. In any case, the immigration services generally have no reason to care that an applicant had filed a bankruptcy petition.

    The immigration services would care about the filing of the bankruptcy petition if the underlying facts of that petition adversely implicate the moral character of the applicant. For example, if the applicant borrowed money to gamble in casinos and filed bankruptcy to discharge the gambling debts, the immigration services likely would find that the applicant does not have good moral character.

    The immigration services also would care about an applicant's finances if there are indications that the applicant is involved in unlawful activities (such as being involved with illegal drugs, prostitution, gambling, etc.).

    Filing bankruptcy will not discharge whatever obligations you may have through the affidavit of support.

    You both should review the specific facts with your attorneys to see what your legal options are.


  3. I do not believe that this will be a problem. The Removal of Conditions application is looking for the bonafides of the marriage not financial issues.

    Andre Olivie, Esq.
    Seattle Immigration Lawyer
    www.olivielaw.com
    (206) 724-1940

    Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Do not rely on this advice without speaking to an immigration attorney in detail about your case. This message does not create an attorney-client relationship.

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