The background:
I am a Canadian citizen going through the K1 Visa process to marry my American sweetheart. Once I am granted the visa and enter the US, I'm legally obligated to marry her within 90 days of arrival and I cannot leave the country afterwards... It will take me no more than 2 months to get this k1 visa from today's date and then I can enter the US, but I'm hesitant on doing so because it may effect my fiance's pending BK status... I will not be legally allowed to work in the USA for at least 3-6 months after the marriage takes place as I need to apply and receive a green card. I will however still be able to draw funds as needed from my Canadian sole proprietorship's chequing account to cover my costs until I can legally work again in the USA. approx 3-6 months after marrying.
She has already gone for her first consult with an attorney who believes he can squeak her into a Chapter 7, despite her higher than median income (She still has a substantial negative disposable income). She did not inform the lawyer that she may be getting married soon.
Questions:
Her hopes for a chapter 7 ride on the means test... If I marry her after the means test has been calculated/accepted, and she has started her chapter 7 but NOT YET discharged, can the court/trustee demand a change to a chapter 13, even if I'm not drawing income from an American job.
Can the court/trustee convert her to a chapter 13 after she's discharged from a 7 because she got married and didn't let anyone know?
If she gets married before the means test is calculated, obviously she'll be able to claim me as an additional household member in her calculations for the test, but will I have to report any Canadian income from my Canadian sole proprietorship?
How might my income/employment status impact her bankruptcy if they did wish to convert it to a chapter 13?
We'll be in California, if that helps.
It's a lot of questions, sorry... hope someone out there has some ideas, I miss her so much and want to be with her, but I can't screw up her chances for a chapter 7, before or after she files.
help!
I am a Canadian citizen going through the K1 Visa process to marry my American sweetheart. Once I am granted the visa and enter the US, I'm legally obligated to marry her within 90 days of arrival and I cannot leave the country afterwards... It will take me no more than 2 months to get this k1 visa from today's date and then I can enter the US, but I'm hesitant on doing so because it may effect my fiance's pending BK status... I will not be legally allowed to work in the USA for at least 3-6 months after the marriage takes place as I need to apply and receive a green card. I will however still be able to draw funds as needed from my Canadian sole proprietorship's chequing account to cover my costs until I can legally work again in the USA. approx 3-6 months after marrying.
She has already gone for her first consult with an attorney who believes he can squeak her into a Chapter 7, despite her higher than median income (She still has a substantial negative disposable income). She did not inform the lawyer that she may be getting married soon.
Questions:
Her hopes for a chapter 7 ride on the means test... If I marry her after the means test has been calculated/accepted, and she has started her chapter 7 but NOT YET discharged, can the court/trustee demand a change to a chapter 13, even if I'm not drawing income from an American job.
Can the court/trustee convert her to a chapter 13 after she's discharged from a 7 because she got married and didn't let anyone know?
If she gets married before the means test is calculated, obviously she'll be able to claim me as an additional household member in her calculations for the test, but will I have to report any Canadian income from my Canadian sole proprietorship?
How might my income/employment status impact her bankruptcy if they did wish to convert it to a chapter 13?
We'll be in California, if that helps.
It's a lot of questions, sorry... hope someone out there has some ideas, I miss her so much and want to be with her, but I can't screw up her chances for a chapter 7, before or after she files.
help!