Fiance Immigration Bankruptcy 3 Answers as of November 09, 2010

My fiance who is a US Citizen is thinking of doing bankruptcy. I am a Canadian citizen and we were going to do the Alien Fiance Application so that we can finally be together. But since he will be my sponsor, is he still allowed to be my sponsor even if he is bankrupt?

Thank you.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
In short, your fiancee is eligible to file for you as your sponsor-petitioner, if his income is at least 125% of the poverty rate for a family of two. If he is not, he can have the assistance of a co-sponsor, both of whom would have to complete an I-864 Affidavit of Support when he completes the K-3/I-485 application for adjustment of status, which you would have to do once you have arrived with the K-1 Fiancee visa, and you have married within 90 days after your arrival in the USA. If you want to discuss the issue and obtain the help of an attorney, you may e-mail or call me to set up an appointment for an in-person or telephone consultation (sounds like the latter of the two, if you are outside the country).
Answer Applies to: California
Replied: 11/9/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
Yes, he can be your sponsor even if he is bankrupt. He needs extra paperwork because he is bankrupt, and he will need a joint sponsor to help him through the process. Contact my office to get the process started.
Answer Applies to: California
Replied: 11/1/2010
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