I'm not a lawyer.Does anyone know whether someone married to a Dominican with a 10 year sponsorship agreement and having been separated (not legally) but for 2 years whether they will be affected by the spouse claiming bankrupcy (nothing under their name as this was incurred within the time were separated) because of this agreement?
Curious to know if one will be responsible for paying off their debt?
I'm not a lawyer.
Is the bankruptcy within the 10 year sponsorship?
If so, I would guess that you're in for a real nasty surprise.
I have a friend who had similar circumstances, only the wife from whom he was separated was collecting welfare, which he had to pay back, IN FULL !
Like I said, I'm not a lawyer and I do understand that welfare is different from bankruptcy, but the point is that having signed the 10 year sponsorship, made him liable.yes it is within the 10 year period but it has nothing to do wiht welfare...it is credit card debt???
He was a bit backlogged when it caught up to him, but it wasn't just that, he had to maintain the payments too.Damm thats really messed up, bet he was surprised when he had to pay all that back. But its like when you haven't paid child support and kids are on welfare; If Uncle Sam catches ya you'll have pay him back; I know a guy who works with somebody else's papers for that very reason.
Does anyone know whether someone married to a Dominican with a 10 year sponsorship agreement and having been separated (not legally) but for 2 years whether they will be affected by the spouse claiming bankrupcy (nothing under their name as this was incurred within the time were separated) because of this agreement?
Curious to know if one will be responsible for paying off their debt?
I hope, for the OP's sake, that you are correct.you will not re required to pay off credit card debt unless you are a joint obligor on those accounts.
You will be required to pay back any "means tested benefits," whether Federal, state, local, etc. Basically they include any form of welfare benefits claimed by your spouse. I suspect that is what happened in the scenario Rocky posted about.
Respectfully,
Playacaribe2
I hope, for the OP's sake, that you are correct.
It seems logical, but what worries me is that bankruptcies are governed by federal laws, are they not?
I can see that the OP might not be responsible for her credit card debts, but once she declares bankruptcy, his guarantees may kick in.
Only a good US lawyer will be able to answer for sure, and that's what the OP should do.
Consult one, ASAP.
Sounds like good news for the OP.by Federal Law. However, the Fed does allow debtors to file and elect their home state exemptions where they exist (property a person(s) is allowed to exempt from his/her creditors). But that would have no bearing on the question asked by motoconcho.
Credit card debt, mortgage debt, car loan debt, and other debt not associated with the "welfare" of the individual is not the obligation of the sponsor unless he/she is joint obligor on that account.
What you have here is an overlap of Federal Immigration Law and U.S. Bankruptcy law (what debt is dischargeable and who may or may not be responsible for that debt).
As you can probably guess, motoconcho's question is not a new one. In fact the circumstances he presents come up a great deal. And I too recommend motoconcho seek the advice of a competent Immigration Lawyer. At this juncture, it appears only his wife needs the counsel of a Bankruptcy practitioner.
Respectfully,
Playacaribe2
