Affidavit of support and bankruptcy?
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Affidavit of support and bankruptcy?
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Long story short, I filed an affidavit of support for my husband about three years ago. He got his conditional permanent resident card almost two years ago and it's time for us to lift the conditions of his permanent residence. In the last three months, we both got laid off. His employer lied and said he quit and thus he did not qualify for unemployment. I am getting unemployment to the tune of $238 per week which isn't enough to even pay just my mortgage and land taxes. I haven't been able to get my creditors to give me any kind of break on payments these last three months. I have kept my car insurance current and my car payment current. Unfortunately, my bank account is overdrawn as credit card companies are continuing to try to take payments despite cancellation of automatic payments. My bank is charging me $34 per day which is more then I get in unemployment. I have tried to find other employment, but so far all I've been offered is even less then unemployment. Basically, making minimum wage working 40 hours per week even won't pay my daily bank overdraft fee and they won't reduce it. At this point, I'm afraid I'm going to go to jail. I have to file bankruptcy as soon as possible. I qualify for 'pauper's' filing.
Last year, I still made more then enough to qualify as a sponsor and I'm sure that I will still manage to make enough this year to qualify as a sponsor.
We have not applied for any means tested benefits nor do we intend to. My family has been feeding and housing us as every unemployment check I get goes right to overdraft fees.
Will he get deported if I file for bankruptcy?
I figure he'll get deported if I go to jail for my overdraft bank account, so either way we're pretty much screwed. Which is the safer choice?
Additional Details
We're in central Florida. We were overnight stockers before all this happened. That's what we got laid off from doing. I was offered my job back a month later AT minimum wage rather then the $12 an hour I was making. I guess once I've been laid off for a month they are allowed to offer me my job back at minimum wage. I was with the company for 7 years, he was with it for 1 year. I have earned some money selling some of my possessions on Ebay and gathering scrap and such. I drive the neighborhoods on garbage day. I've tried for cleaning jobs, but, they're actually pretty competitive as are lawn jobs at the moment. There are small lawn care businesses going out of business left and right around here. We are trying everything possible, but, even an 8 hour shift won't pay the fees on ONE account. I have 5 credit cards and two mortgages that are much higher then that..
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Yak Rider
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Include all the overdraft fees in the bankruptcy. No need to pay them.
If asked for a new affidavit of support you'll need to come up with one... that or a co-sponsor. |
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growing inside
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You can get a cosponsor for the affadavit of support, it doesn't have to be just you. So go ahead and file for bankruptcy. |
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Jordan B
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close your bank as soon as possible. He will not get deported if you file bankruptcy as the two years are up. So I recommend filing bankruptcy very soon as well. Then open a bank account elsewhere. |
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irishmom91562
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Have a free consultation with a bankruptcy attorney, as this is a drastic step. Your and your husband need to do what it takes to bring income in. Clean houses and do yard work under the table. Better yet, your husband should be doing something, even stock work at night which pays more than minimum wage.
Bankruptcy these days is a measure of desparation. When the going gets tough, the tough get going. If you qualify for "pauper" filing, you qualify for Legal Aid. Contact your Legal Aid Society at once and get legal counsel to start getting out of the jam you're in. |
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