Can I file for bankruptcy and have her immigrate to the US? 4 Answers as of November 04, 2010

I want to file for my wife to come to the United States, but I am interested in filing for bankruptcy. I am a US citizen. Can I file for her to come here if I file for bankruptcy ?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is yes. You are responsible to assure financial support for your wife as her sponsor, and USCIS will question whether your bankruptcy keeps you from having sufficient assets to ensure support. But that is only if your income is too small, and you are able to get another person to step in and act as a co-sponsor. Otherwise, you are definitely eligible as her husband to petition for her to obtain permanent legal residency. If you need further assistance, by all means call or e-mail me, and I'll arrange for an in-person or phone consultation.
Answer Applies to: California
Replied: 11/4/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If you are asking whether your filing bankruptcy will affect your wifes ability to immigrate to the USA, you need to pose that question to an immigration attorney. There is nothing in the Bankruptcy Code which would prevent it.
Answer Applies to: California
Replied: 10/25/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
Yes. But you will need a joint sponsor for the affidavit of support.
Answer Applies to: California
Replied: 10/25/2010
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