Immigration Issues/visa and bankruptcy



My husband of over 2 years is still waiting in the Dominican Republic for over 15 monthsfor his appointment and still nothing--4.000 on the list

I did a K 3 visa for him how long should I expect to wait?

and do I need an affidavit of support during his visa interview or when he gets here and does the adjustment of status its then when it is needed

will my bankruptcy 13 filing which I did last jan have any effect on him getting a visa?  I have assets like home under my name and regular income

on my tax return my gross is 36,000 but net after morgatge 9,500  which do they look at

ANSWER: K-3 should take about 6 months. You need an I-134 affidavit of support form for K-3. He will need an I-864 affidavit of support form for Adjustment of Status after he comes here. Do not disclose to them about your bankruptcy. On the affidavits of support you would list your adjusted gross income and list all your assets like your house. They will look at thes 9500 but they will also give you 20% of your equity in your home to add to it. For 2 people you only need to prove about 18k.



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Do I have to bring my tax return or just do the affidavit?  I did an affidavit when I first applied for the k-3 visa

how will they know the equity?  What should I bring?

And last wont they know about my bankruptcy 13 through my social security number?  isnt 13 different since I am paying it back slow?

the only reason I had to do it is because when I bought my house it needed renovations and I paid a contractor 30,000 to do the job--he started then he dissapeared--cant find him and had to pay someone over 25,ooo to finish the house--this left me no option but to file
ANSWER: I-134 and I-864 forms have to supported by tax return and job letter. You do not have to disclose your bankruptcy unless specifically asked. If they ask you can admit it and get a co-sponsior if need be.



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QUESTION: I did the affidavit of support when I first applied a year ago. do I have to do it again before the interview?

do they look at gross or net?  like stated earlier I gross over 36,ooo but after mortgage, etc... net was about 9,500

ANSWER: They expire after 12 months. They look at the bottom line on the first page of the 1040 Federal Tax form. If it does not show enough you will need a financial co-sponsor.



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QUESTION: what about the equity on my home?

can I show that if I do not have a co-sponsor?

how can I proove the equity to them

This goes on the assets page of the I-864. You need to show proof of the value of your home and deduct any mortgage. Then you are allowed to count 20% of this number.
Call the Assessors office in your county and ask them for the value of the house and ask for a letter verifying that.



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Robert Hollander<B> Esq.</B>



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