top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Will filling bankcruptcy affect application for citizenship?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Will filling bankcruptcy affect application for citizenship?

    I am considering of filling bankcruptcy and already stop paying my CC's... I don't have that much debt and don't want to ask help of family since they are going to make it a big deal/problem. I don't want my husband to deal with it since he doesn't want to be a part of it. I just applied for my citizenship and is already in the process, right now just waiting for my schedule to take the exam. Can anybody tell me if this will affect my application? My husband it afraid it might. But i have read a lot of things already and said if won't but still want everyones opinion about it. Thanks.

    #2
    Hello Orencio,

    There is no citizenship requirement in the BK code, you just need to be living in the US:

    [11 U.S.C. Section 109(a)], [11 U.S.C. Section 101(a)(41)]

    The naturalization application specifically asks if you have filed all your tax returns and paid all your taxes, but a Bk is not mentioned. Sometimes it is mentioned in reference to the "good moral character" requirement, but again, BK is not in the list of what is considered bad moral character.

    Good luck with this,

    Tom in Colo

    ps: noticed you are from NM, I grew up by Las Cruces.
    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

    Comment


      #3
      Originally posted by tcreegan View Post
      The naturalization application specifically asks if you have filed all your tax returns and paid all your taxes, but a Bk is not mentioned. Sometimes it is mentioned in reference to the "good moral character" requirement, but again, BK is not in the list of what is considered bad moral character.
      It depends on the circumstances behind the bankruptcy, actually. The Department of Homeland Security has wide discretion over what constitutes "bad moral character." Generally, if you're not trying to conceal anything and not doing anything fraudulent, a bankruptcy will not affect the naturalization process.

      Basically - don't commit any bankruptcy crimes and you will be fine.
      Bazinga!

      Comment


        #4
        Originally posted by orencio88 View Post
        I am considering of filling bankcruptcy and already stop paying my CC's... I don't have that much debt and don't want to ask help of family since they are going to make it a big deal/problem. I don't want my husband to deal with it since he doesn't want to be a part of it. I just applied for my citizenship and is already in the process, right now just waiting for my schedule to take the exam. Can anybody tell me if this will affect my application? My husband it afraid it might. But i have read a lot of things already and said if won't but still want everyones opinion about it. Thanks.
        A main question here is how did you obtain the CC's since you do not have an SS number? However you obtained the credit could be a big issue and I suggest you speak to someone where you applied for your citizenship so you can be correctly informed in case some issues arise when you file.
        _________________________________________
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"

        Comment


          #5
          You don't have to have citizenship to get a social security card. You have to be a legal resident, with or without conditional status.

          Or, you can be authorized to work here and get your SS#
          Last edited by free2breathe; 01-11-2011, 07:45 PM. Reason: added a detail ;)
          Filed pro se, made it through the 341, discharged, Closed!!!

          Comment


            #6
            Originally posted by free2breathe View Post
            You don't have to have citizenship to get a social security card. You have to be a legal resident, with or without conditional status.

            Or, you can be authorized to work here and get your SS#
            Credit applications ask if one is a US citizen...there could be some issues here and she may need to check with the department from which she obtained her citizenship application.
            _________________________________________
            Filed 5 Year Chapter 13: April 2002
            Early Buy-Out: April 2006
            Discharge: August 2006

            "A credit card is a snake in your pocket"

            Comment


              #7
              While credit applications do ask about one's citizenship status, stating that one is not a citizen doesn't stop you from obtaining all types of credit and loans - been there and done that.

              As long as OP doesn't have any fraudulent or criminal activity that might come to haunt her, filing BK is a non-issue when it comes to obtaining citizenship.

              Good luck.
              No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

              Comment


                #8
                BK would not be an issue for your naturalization as long as you have filed your taxes and paid accordingly, BK is not even asked. When you read the application, they will only ask you the particular questions on the application and BK is not mentioned. They are concerned with any arrests, how many months you have lived here in the last 5 years, if you can pass the civics test and if male, did you register for the service between 18-26. The very first requirement is if you have been a permanent resident for 5 years or 3 if married to a US citizen.

                Good luck

                Comment


                  #9
                  I'm not a citizen but had no problem getting credit. Mortgages and credit cards. No problem. No fraud.
                  There are two secrets for success in life:
                  1.) Never tell everything you know.

                  Comment


                    #10
                    Originally posted by debee View Post
                    I'm not a citizen but had no problem getting credit. Mortgages and credit cards. No problem. No fraud.
                    we have some wonderful friends that own two homes here in florida....and they have credit, pay taxes ...had mortgages, car loans etc....not only no fraud, these people are the most honest one could and would ever meet. they do not have ss #'s. ( i don't quite understand how it all works...)

                    bad news for them and US, is they are now being deported... !!!!!! i offered to adopt them....but it will NOT work.

                    but they had no problem getting credit and i'm furious they are being deported along with many other english and scottish people in our general area...they are tax paying, add to the economy and now they are leaving?? what sense does that make?? none...
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment


                      #11
                      Originally posted by tobee43 View Post
                      we have some wonderful friends ...and they have credit, pay taxes ...had mortgages, car loans etc.... they do not have ss #'s. ( i don't quite understand how it all works...) bad news is they are now being deported...
                      No idea how that works either. I entered legally and remain legally. I got my SSN while my status was still conditional (first two years in the country). When I applied for a mortgage loan I had to produce my residency card in addition to my SSN. Credit card applications only wanted my SSN to access my credit report/score.
                      There are two secrets for success in life:
                      1.) Never tell everything you know.

                      Comment


                        #12
                        My mother obtained ALL her credit (including mortgage, that's about $800K) while she was a permanent resident. She got a SSN the moment she got her greencard. BTW, she's now a US citizen for 15 months.
                        Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
                        FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
                        FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

                        Comment


                          #13
                          My husband is not a citizen, he had no trouble getting credit. He got his SS# as soon as his paperwork for his green card was processed. He did come here legally and went through the right channels, jumped through all the hoops. So I don't know what is going on either.

                          Congrats on your mom's citizenship, IBroke!
                          Filed pro se, made it through the 341, discharged, Closed!!!

                          Comment


                            #14
                            Originally posted by free2breathe View Post
                            Congrats on your mom's citizenship, IBroke!
                            Thanks!

                            Yeah, she was very proud! I've been a US citizen all my life since I was born in the States - so it was about time my mother earned that status, too...
                            Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
                            FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
                            FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

                            Comment


                              #15
                              Originally posted by debee View Post
                              No idea how that works either. I entered legally and remain legally. I got my SSN while my status was still conditional (first two years in the country). When I applied for a mortgage loan I had to produce my residency card in addition to my SSN. Credit card applications only wanted my SSN to access my credit report/score.
                              well, i don't get this then...i actually think and this is what is a bit odd for me to understand...but they were even saying they have to go back the uk for all medical care...but remember we are speaking about "older" folks here...

                              are you on an extended visa then??? can we can them one...i wonder??

                              they were told they can stay but only 6 months and then have to leave 6 months and they didn't so now they must leave by the 24th....i know they had no interest in becoming citizens ....because of all their uk benefits...so it sounded a bit odd to us as to why they are being forced to leave? we just think there may be more to the story then we are being told...because by the looks of this thread...many people are here and getting credit and not being sent back.
                              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                              Comment

                              bottom Ad Widget

                              Collapse
                              Working...
                              X