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Immigration Forum / USA Marriage Base / May 2006Is there anything that can negatively affect I-751?
Hi, I am in the final stages of putting together evidence for the RFE sent to us for my husband's I 751 petition. I have included everything that I could possible find that shows a valid marriage for the past 3 years. This includes a copy of Chapter 13 bankruptcy that we filed a year ago. I put it in their because it was filed jointly and I thought it would be strong evidence as it is a legal document. What I am worried about is that it might negatively affect USCIS' decision. Is that possible or am I just being overly concerned? Our bankruptcy lawyer told us when we first went to him to file that it will not affect my husband's immigration status. I just want to make sure so if anyone knows please let me know before I send it in on Tuesday. Thanks, Lili Rossi > Hi, > I am in the final stages of putting together evidence for the RFE [quoted text clipped - 15 lines] > > Lili Rossi To my knowledge, filing bankruptcy does not negatively affect the immigrant, nor the USC's ability to be the sponsor. I know a USC who had filed bankruptcy and was still able to be a sponsor based on current income. Best Wishes, Rene > Hi, > I am in the final stages of putting together evidence for the RFE [quoted text clipped - 15 lines] > > Lili Rossi Hi: An I-751 is NOT a "discretionary" application. Your initial reacation of it showing a joint financial life strikes me as a correct one.  SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization I don't understand what you are saying. Can the bankruptcy negatively affect our case? Lili > I don't understand what you are saying. Can the bankruptcy negatively > affect our case? > > Lili Did you read my post? Rene >Did you read my post? >Rene Yes I read your post. Thanks for letting me know. I was replying to the one after yours. >Read the quiz, excuse me, form and if it doesn't ask about X >(bankruptcy in this case) then X only matters as it pertains to one of >the questions. There is no request for any specific further evidence on the RFE. It is basically a copy of the list from the original instructions with the added bit that I can't send in what I sent before so I want to send more. I didn't know if the bankruptcy would be negative so I didn't send it the first time. Right now though it is the "best" extra evidence that we have. Thanks to everyone who got back to me. Lili Ok scratch what I said before. Now I know what you mean! Thanks for the help. Lili > I don't understand what you are saying. Can the bankruptcy negatively > affect our case? Two things. One it's a lot easier to understand what you mean when you reply to someone if you include at least some of what they said. Two, Folinskyinla said the i-751 is a non-discretionary application. Basically this means it's something like a school test -- answer correctly and you pass, answer incorrectly and you fail, whether the teacher is having a bad hair day or not. The only leeway the officer has is whether to believe your "correct" answer is TRUTHFUL or not. Read the quiz, excuse me, form and if it doesn't ask about X (bankruptcy in this case) then X only matters as it pertains to one of the questions. SignatureJ. Moreno |
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