Spouse Bankrupty & Sponsor Responsibility

G

GA Sponsor

New Member
Hello

I have been happily married for almost 8 years to my husband that I sponsored to come to the US.

Right now he has not been working and has bills that cannot be paid. He is considering filing individually for bankruptcy. He has had his green card for several years and is a permanent resident alien but has not applied for citizenship yet.

If he does file for bankruptcy can his creditors come after me for payment since he is not a citizen yet?
 
There are two different liabilities involved here.

One is the financial sponsorship for his green card. You can be held liable by the government if he takes certain forms of welfare-related benefits before he is a citizen and before he has paid 10 years into Social Security.

The other is the money owed to people and companies he has borrowed from, or otherwise owes money due to incurring bills for their services ... banks, car companies, medical bills, etc. Him not being a citizen yet has nothing to do with the ability of those creditors to go after his and your assets. The laws of your state and the extent to which your assets and debts are held jointly will determine how much they can come after you for his debts, and his citizenship or lack thereof doesn't affect that. You need to see a bankruptcy lawyer ASAP to know which assets might be seized and what can be protected and how to protect it.
 
I am really wondering if for the potential bankruptcy, creditors can come after my pay check (I am working), not jointly held assets.

We do not have any joint assets or accounts at this time.
 
It is possible for them to go after your assets or income. It depends on the state laws. In some states they can go after both people's assets and income even if nothing is joint. In other states it is difficult to touch anything that is singly in the other spouse's name. You need to see a bankruptcy lawyer, as your case is a question of bankruptcy law, not immigration law.
 
GA Sponsor said:
I am really wondering if for the potential bankruptcy, creditors can come after my pay check (I am working), not jointly held assets.
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Jackolantern is correct; this really does vary from state to state. Unless you're in CA or some other joint property state (where everything becomes joint property) or you've co-signed for his loans, it is exceptionally unlikely that his creditors can come after you.

But, see a lawyer. And even if the creditors can't come after you, that doesn't mean they won't threaten you with garnishment.
 
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