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T O P I C R E V I E W
on.77
Posted - 14 May 2010 : 21:16:25 Does filing a bankruptcy in the UK affect one's ability to go to the US on a K1 fiance visa? And how long does a bankruptcy take usually? And are they usually approved? Thank you.
3 L A T E S T R E P L I E S (Newest First)
FreshStart2010
Posted - 29 May 2010 : 00:37:40 First time poster here... Hi
I officially became a resident of the USA in Feb 2010 and went bankrupt in March 2010.
BR does not affect you at all in the USA - Because it is outside the EU.
I used a BR service to make me bankrupt at the high court in london. Saved me coming back home and saved me lots of cash.
However I am being quizzed quite a lot by the OR... Ekkk
Richard P
Posted - 15 May 2010 : 16:04:58 Ho ON77
Just a thought, if you were to obtain you Visa and go to the states and then whilst your comi was still UK, could you not use a third party or lasting power of attorney to declare bankrupt on your behalf in the High court London.
sorry i do not know enough about this process and i am sure that someone will correct me.
I know that Paul and His team @ Reviva do deal with overseas clients and Lasting power of attornies, may be worth emailing him and getting guidance
regards Richard
gettingoutofdebt
Posted - 15 May 2010 : 14:28:22 You will need to check with the US Embassy regarding the visa. If there is any type of credit check run then there could be problems.
BR itself can be done within a couple of hours however some courts have an appointment system to declare BR so you will need to check with your local court as to their BR process.
BRs are always approved except when:
- The person declaring BR has not sought professional advice - You can't pay the fee - The UK is not your Centre of Main Interest (COMI) - You are not insolvent
There is no problem in declaring BR one day and then going to the US the next however you will need to inform the OR of your contact details.
If you declare BR in the UK it will take effect globally so if you apply for credit in the US you will be legally obliged to inform the credit agency that you are BR. The same if you are asked if you have ever been declared BR.
