Expert: Terry Leeders - 1/26/2009

Question
I am currently on an L1 Visa and lost my job a few months back. I got married to a US Citizen last month and we are currently applying for change of status on the visa to permanent residency. Since losing my job I have been unable to pay my credit cards, and loans. I have no income right now and my wife is supporting me.
I currently have a $16,000 legal action for a repossed vehicle, due Feb 17th, as well as $5,000 in credit cards and unpaid bills. I would like to apply for chapter 7, but I dont know how this will affect my wife's assets and income. All of my debts are in my name and were gained before our marriage. We do not have any joint loans. I am a card holder on one of her credit cards, but the account is in her name.
Can I file being on an L1 visa? Will this affect my application for residency? Will my wife's credit score be affected? Will she be responsible for any of the debts?
Thank you for your response


Answer
you can file if you are in the country legally and have a social security #. As to if it will affect your spouse, it depends on if you are in a community property state.  If so, then all debts during the marriage are marital debts, and not dischargeable for the spouse if they do not file.  I do not practice immigration law, so I do not know if it will have any impact on the application for residency. You have to disclose it if asked though.