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mmdesq, Attorney
Category: Bankruptcy Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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If a husband and wife are filing a Chapter 7 bankruptcy together

Customer Question

If a husband and wife are filing a Chapter 7 bankruptcy together and the husband is a US Citizen with a valid social social security number and the wife is not a US Citizen and not a resident (has an ITIN) here are the questions:

1. Can they file a joint chapter 7 petition? (one valid social security number and one ITIN)
2. Does the filing of the chapter 7 petition in any way affect the wife's citizenship application or residency application?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  mmdesq replied 4 years ago.

mmdesq :

Good Evening:

mmdesq :

1. You can file jointly as long as Wife is not here illegally.

mmdesq :

2. Filing the bankruptcy should not hurt your position and may improve it. Whether a bankruptcy is filed or not, a debt problem clearly exists. At least if you file bankruptcy you are resolving the debt problem in a legal way.

mmdesq :

I hope this was helpful. Good Luck.

Customer :

if the wife is here illegally then that is a problem?

mmdesq :

Yes. Especially if she is working. You have to identify employer and provide pay advices for the past 6 months. My recommendation would be to consider filing just for Husband.