H1B leaving home country for 2 years

[Anonymous]

Hi Friends,

I have ~40k debt in Bofa and CITI credit cards. I am on H1B Visa going back unexpectedly to my homecountry. I will be coming back to USA after 2-3 years and will pay off the outstanding debt. I wouldnt be able to pay monthly payments in US for next 2-3 years as my income in my homecountry will be very less.

Can anyone suggest me any approaches not to spoil my credit score. I cant file bankrupty before I leave USA as time is very short and I am not US Citizen too. I dont have intention to get rid of the debt because I am sure I will be back in USA in couple of years so I dont want severe debt problems follow me when I am back.

[Remedios]

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@Anonymous wrote:

Hi Friends,

I have ~40k debt in Bofa and CITI credit cards. I am on H1B Visa going back unexpectedly to my homecountry. I will be coming back to USA after 2-3 years and will pay off the outstanding debt. I wouldnt be able to pay monthly payments in US for next 2-3 years as my income in my homecountry will be very less.

Can anyone suggest me any approaches not to spoil my credit score. I cant file bankrupty before I leave USA as time is very short and I am not US Citizen too. I dont have intention to get rid of the debt because I am sure I will be back in USA in couple of years so I dont want severe debt problems follow me when I am back.

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Hi and welcome to the forums 

The only way I see you not defaulting is to set autopay and leave enough money in your accounts to continue paying for the expected duration. 

If you do not do that, by the time you come back the accounts will be charged off and in collections.

Considering the amounts, legal action is possible. Without you being able to show up for a court date should such action occur, default judgement will be awarded to plaitif. 

Without paying on these accounts during your absence, your credit will tank completely. These problems will be here when you come back. 

There is absolutely no way to abandon your obligations without serious repercussions 

[Anonymous]

Thanks remedios for quick reply. What would be the legal action? and how serious will it impact my Career(or VISA status) in USA

[Remedios]

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@Anonymous wrote:

Thanks remedios for quick reply. What would be the legal action? and how serious will it impact my Career(or VISA status) in USA

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They can bring a civil lawsuit against you for the amounts owed, plus additional fees and interest. 

I dont know about Visa status, that's really a question for immigration attorney. 

I would imagine if you are sued, and they attempt to garnish your wages from the employer on file, they might be reluctant to sponsor you again. Again, I suggest you talk to an immigration attorney about possible outcomes. 

They will be able to explain if civil litigation (should it happen) has any bearing on re-entry. That's way above my pay grade and probably not best suited for message board. 

[Anonymous]

This info helps a lot.

Can I avoid being sued by paying small amounts to debt collections once it goes to collections? How good are the chances to settle with debt collections from outside of USA?

[Remedios]

you can avoid being sued by paying but the logistics may be impossible

They would need your address and phone to be able to contact you. If you do not provide that info to lenders while still in USA, collection agencies (internal or external) will have no ways of communicating with you. 

Seriously, these are the questions for two types of attorneys, consumer law and immigration attorneys. 

We're not going to be able to provide you with the advice and assistance you require. 

[Anonymous]

Who said you need to be a citizen to file BK. I am on H1B and I filed chapter 7 recently. It took me 5 months approx from contacting the lawyer till my discharge