I-130 and the situation, Please advise.

E

erbautista

Registered Users (C)
The Scenario:

I'am an LPR, My Wife and Son is in the Philippines. I filed an I-130 for my wife when she was pregnant with our son on January of 2001. My Lawyer said that my son should be included in the petition since she was pregnant then. According to the processing times, they are currently on July 28, 2000, and I think the processing time for this preference will move again by the beginning of next year. I already applied for citizenship, but unfortunately, they have not given a decision yet, there was an issue on mypassport not having an arrival stamp on the date I specified. They said they would verify my presence here through my employer that time, I gave them a certification of my vacation dates from my employer and they said they should contact them.
So right now, that's in the air.
During the 5 year span, I developed a bad credit, upto about 25k, Late payments and non payments, basically, a really bad credit. I'm concerned that this would affect my I-130 for my family. Do you think my credit problem would cause any issue upon the processing of my I-130 for my family? Thanks in advance for your insight and advice.
 
I-130 & Income

Is your I-130 already approved and the case in NVC? My wife applied I-130 for me in April 2001 and it was approved in May 2002. Unfortunately, the visa number was not available and the case sat in the NVC until my wife became a citizen. Then I upgraded my file. I hope your I-130 has been approved.

As far as income in concerned, there is no question regarding income on I-130 so it should not affect you. On I-485 & Co forms, you need to disclose your current income. They do not ask if you have filed for bankruptcy. So, I would employ a "don't ask don't tell" policy ;)

Since you already have a lawyer, I guess you can ask this question to him also. Ofcourse he knows the law better then me and thats why he is a lawyer...or thats what he thinks?

Good Luck
 
Thanks EricNeesGC!

I filed my I-130 in California, we have a diffrent I-130. I am only a permanent resident, not a USC, and the they have yet to decide on my I-130 for my wife and son who is in the Philippines. They (INS CA) are processing July 28, 2000 now, I filed mine on Jan 2001, so a few more months.. and I haven't filed for any bankruptcy, I'm still planning to arrange payments with them to settle my balances...
 
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Well...sorry about the bankruptcy thing. I somewhere read between the lines that you have. Obviously, my eyes were on the screen but my mind was reading off the screen. Anyways, if there is no bankruptcy, dont worry about it. As far as your current income is above the poverty criteria (around $15K) a year for 2 people, you can sponsor your wife. There is an assets and liabilities section, however, you do not have to fill it out if your income is above the poverty level. So, again, you do not need to show your liability. Don't ask, don't tell policy.

When my wife filed for my I-130, she was just a green card holder. She bcame US citizen in November 2004 but still the I-130 was approved in May 2002. Oh yes, now I remeber, they did roll back the dates back in December 2002. I know it sounds insane, but they rolled the I-130 dates back by a few years, and now there is no segregation between Mexicans, Indians, Philipino and others. Earlier, application from people from these countries was processes slower than the others.

So you are OK if I-130 is not approved yet. Hold tight and it will come. Your case will get stronger once you become a US citizen.
 
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