F-1 Visa expired - Unable to repay private student loan. What to do?
I would contact your loan servicing company explain the situation and see if you can renegotiate terms. They may be able to drop the interest rate or lengthen the schedule to reduce the payment amount. I wouldn't default on the loan as that would likely hinder coming to/working in the US in the future. Not knowing your financial situation or country, could you attempt to obtain financing in your own country in order to pay off the US based loan? I would at least attempt to make some sort of payment while you attempt renegotiation, refinancing or pursue a job in the US, even if it technically puts or keeps you in default of the loan. Making any payment at least shows the willingness to pay back the loan, and you're not intentionally defaulting on your obligation. As an international student, the tuition is sky high. Typically, most students take loans for Education and start paying it back once they get a job. If you have exhausted your OPT period and have not got H1B, your options are either to go for further education(Hint: Phd), you can hope to cover living expense by part-time on campus job. This will give you additional time to look for a job and try for H1B again!
"The thing to recall here is that auto-pay is a convenience, not a guarantee. Auto-pay withdrawals, notices that a bill is due, all of these are niceties that the lender uses to try to make sure you consistently pay your bill on time, as all businesses enjoy steady cash flows. Now, what all of these ""quality of life"" features don't do is mitigate your responsibility, as outlined when you first took out the loan, to pay it back in a timely manner and according to the terms and conditions of the loan. If your original contract for the loan states you shall make ""a payment of $X.XX each calendar month"", then you are required to make that payment one way or another. If auto-pay fails, you are still obligated to monitor that and correct the payment to ensure you meet your contractual obligation. It's less than pleasant that they didn't notify you, but you were already aware you had an obligation to pay back the loan, and knew what the terms of the loan were. Any forgiveness of interest or penalties for late fees is entirely up to the CSR and the company's internal policies, not the law." "A day or so later I get an email from the mattress company where the rep informs me that they will need to issue me a paper check for the full amount and that I would have to contact Affirm to stop charging me. To which I rapidly answered ""Please confirm that with Affirm prior to mailing anything out. On my end the loan was cancelled."" To which the rep replied ""confirmed. It has been cancelled."" I think your communication could have been more explicit mentioning that not only was the loan cancelled, you got your initial payments. You have not paid for the mattress. The refund if any should go to Affirm. The Rep has only confirmed that loan has been cancelled. at what point, if any, am i free to use this money? I was planning to just let it sit there until the shoe drops and just returning. But for how long is too long? Sooner or later the error would get realized and you would have to pay this back." Your wife doesn't need to file a 2014 tax return because she's a nonresident and she didn't have any U.S. income. Her visa is irrelevant; it only matters what her status was (if she was in the U.S., but she wasn't) and if she had U.S. income. Your child doesn't need to file a tax return because she didn't have any income. There's a certain income threshold below which she doesn't have to file. Children generally never file their own tax returns. I don't know who told you otherwise. You may have to file if you had income (maybe including fellowship income and stuff like that) in the U.S. during the year? Did you? If you didn't then you probably don't need to file a tax return. Also, you said you're nonresident for the year. Are you sure about that? Students are generally nonresident for the first 5 calendar years, and resident thereafter. So if you came in 2009 or before, you would be resident for all of 2014; but if you came in 2010 or after, you would be nonresident for all of 2014. If you were in the first 5 calendar years of being a student, you also need to file Form 8843 regardless of whether you need to file a tax return. Nonresidents generally can't claim dependents. Residents can, however. A dependent will provide you with an exemption (it reduces your taxable income by a certain amount). You can also get the Child Tax Credit if your income is low enough. There is a U.S.-Sweden tax treaty. It has a section covering students. It may exempt some or all of your income from U.S. tax. Most universities provide free international tax programs for their international students and scholars. You should look to see if your school offers this. Don't go to outside tax filing places because those generally don't know anything about how to file for nonresidents. Based on your numbers, it sounds like you've got 12 years left in the private student loan, which just seems to be an annoyance to me.  You have the cash to pay it off, but that may not be the optimal solution. You've got $85k in cash!  That's way too much. So your options are:  -Invest 40k -Pay 2.25% loan off -Prepay mortgage 40k Play around with this link: mortgage calculator Paying the student loan, and applying the $315 to the monthly mortgage reduces your mortgage by 8 years. It also reduces the nag factor of the student loan. Prepaying the mortgage (one time) reduces it by 6 years. (But, that reduces the total cost of the mortgage over it's lifetime the most) Prepaying the mortgage and re-amortizing it over thirty years (at the same rate) reduces your mortgage payment by $210, which you could apply to the student loan, but you'd need to come up with an extra $105 a month. "I had about $16k in student loans. I defaulted on the loans, and they got  > passed to a collection type agency (OSCEOLA).  These guys are as legitimate as a collection agency can be. One thing that I feel is very sketchy is when they were verifying my identity they said ""Does your Social Security Number end in ####. Is your Birthday Month/Day/Year.""  That is not sketchy. It would be sketchy for a caller to ask you to give that information; that's a common scheme for identity theft. OSCEOLA are following the rules on this one. My mom suggested I should consider applying for bankruptcy Won't help. Student loans can't be discharged in bankruptcy. You have the bankruptcy ""reform"" act passed during the Bush 43 regime for that. The loan itself is from school. What school? Contact them and ask for help. They may have washed their hands of your case when they turned over your file to OSCEOLA. Then again, they may not. It's worth finding out.   Also, name and shame the school. Future applicants should be warned that they will do this.  What can I do to aid in my negotiations with this company? Don't negotiate on the phone. You've discovered that they won't honor such negotiations. Ask for written communications sent by postal mail. Keep copies of everything, including both sides of the canceled checks you use to make payments (during the six months and in the future). Keep making the payments you agreed to in the conversation six months ago. Do not, EVER, ignore a letter from them. Do not, EVER, skip going to court if they send you a summons to appear. They count on people doing this. They can get a default judgement if you don't show up. Then you're well and truly screwed. What do you want? You want the $4K fee removed. If you want something else, figure out  what it is. Here's what to do: Write them a polite letter explaining what you said here. Recount the conversation you had with their telephone agent where they said they would remove the $4K fee if you made payments.  Recount the later conversation. If possible give the dates of both conversations and the names of the both agents.   Explain the situation completely. Don't assume the recipient of your letter knows anything about your case. Include evidence that you made payments as agreed during the six months. If you were late or something, don't withhold that.  Ask them to remove the extra $4K from your account, and ask for whatever else you want. Send the letter to them with a return receipt requested, or even registered mail. That will prevent them from claiming they didn't get it. And it will show them you're serious. Write a cover letter admitting your default, saying you relied on their negotiation to set things straight, and saying you're dismayed they aren't sticking to their word. The cover letter should ask for help sorting this out. Send copies of the letter with the cover letter to: Be sure to mark your letter to OSCEOLA ""cc"" all these folks, so they know you are asking for help. It can't hurt to call your congressional representative's office and ask to whom you should send the letter, and then address it by name. This is called Constituent Service, and they take pride in it. If you send this letter with copies you're letting them know you intend to fight.  The collection agency may decide it's not worth the fight to get the $4K and decide to let it go.   Again, if they call to pressure you, say you'd rather communicate in writing, and that they are not to call you by telephone. Then hang up.  Should I hire a lawyer?  Yes, but only if you get a court summons or if you don't get anywhere with this. You can give the lawyer all this paperwork I've suggested here, and it will help her come up to speed on your case. This is the kind of stuff the lawyer would do for you at well over $100 per hour. Is bankruptcy really an option Certainly not, unfortunately. Never forget that student lenders and their collection agencies are dangerous and clever predators. You are their lawful prey. They look at you, lick their chops, and think, ""food."" Watch John Oliver's takedown of that industry.  https://www.youtube.com/watch?v=hxUAntt1z2c Good luck and stay safe." To start with, I should mention that many tax preparation companies will give you any number of free consultations on tax issues — they will only charge you if you use their services to file a tax form, such as an amended return. I know that H&R Block has international tax specialists who are familiar with the issues facing F-1 students, so they might be the right people to talk about your specific situation. According to TurboTax support, you should prepare a completely new 1040NR, then submit that with a 1040X. GWU’s tax department says you can submit late 8843, so you should probably do that if you need to claim non-resident status for tax purposes. I know what you are talking about and this is what students at UC I know usually do in such cases: Talk with the cashier's/registar's office and see if you have been reported to collections. If you had plans to pay via financial aid, this can be a non-issue, but be sure. It's critical to remove your record from collections, if any. Take a loan and find out how the loan will be paid. Most lenders pay the school directly based on what the school bills for the quarter. If you signed up for X units in Fall '10 and plan to take Y units in Winter '12, add X+Y units in your list of courses. Those X units could be anything in your course catalog. Once the school sends out the bill and the lender pays it, drop the X units. This will give you a check and use that to pay out the outstanding amounts. Most schools will include all outstanding amounts in the bill for your current quarter, but I am not sure if your lenders has agreements otherwise. Also, some lenders have agreements in place to send refunds directly to them, but remember, the cashier is king and she can make refunds happen the way she likes, and she is likely to help a student unless you have a bad payment history (collections, bounced checks..) Maybe you know something I don't, but as far as I'm aware, you can't get rid of it.  **Student loans are with you for life**.  You will be sent to collections, but it doesn't disappear after 7 years.  Settlements are incredibly rare unless your loan is ballooning... in which case, a settlement doesn't change all that much.  You will lose tax benefits, the government will garnish 15% of your wages, and you will be a debt slave until it's paid off.  Defaulting on student loans is much, much more painful than defaulting on private loans.  The *only* exception to this is if you've made 120 months of repayments while employed at a qualifying non-profit or governmental organization.  And even then, it only applies to federal loans and there are exceptions (better not refinance or the clock resets, for example).  Also, if you default, you will no longer be eligible.  Private student loans have no escape hatch and are equally unforgiving.  Thank your elected representatives. My grace period is up in a few months, and I am not looking forward to it. I got the minimum federal aid possible for all 4 years, so I had to turn to private loans and whatever I could make over summers and what my parents could help me with. Ended up with $50k in debt, about 20k of it being with Sallie Mae. I can confirm they are bad on the collection side already. Just happened to miss a payment during school (paid off interest every month for the last 4 years), and they called me 3 times during class, sent an email, letter, and called my bilogical dad who cosigned for the loan. I can only imagine what they are like for people defaulting.   All comes down to it though, have a plan when borrowing money for school. I knew my parents would only be able to help me out a little bit, and  I got minimum federal aid (as in just loans) because my step father had assets that counted against me (and he told me I was on my own). So I had to figure out how to not be screwed from the beginning. I paid off my interest every month while working during school, and made sure to work hard to graduate with a good job. I can't imagine how some students feel when they graduate with nothing. From the description, you have a post-1998 income contingent loan. The interest rate on those is currently 1.5% but it has varied quite a bit in the last few years due to the formula used to calculate it, which is either the inflation rate (RPI), or 1% + the highest base rate across a group of banks - whichever is smaller. This is indeed really cheap credit compared to any commercial loan you could get, though whether you should indeed just repay the minimum depends on making a proper comparison with the return on any spare money you could get after tax elsewhere. There is a table of previous interest rates. From your description I think you've had the loan for about 4 years - your final year of uni, one year of working without repayments and then two years of repayments. A very rough estimate is that you would have been charged about £300 of interest over that period. So there's still an apparent mismatch, though since both you and I made rough calculations it may be that a more precise check resolves it. But the other thing is that you should check what the date on the statement is. Once you start repaying, statements are sent for a period ending 5th April of each year. So you may well not be seeing the effect of several months of repayments since April on the statement. Finally, there's apparently an online facility you can use to get an up to date balance, though the administration of the loans repaid via PAYE is notoriously inefficient so there may well be a significant lag between a payment being made and it being reflected in your balance, though the effect should still be backdated to when you actually made it. What are the consequences if I ignore the emails? That would depend on how much efforts the collection agency is ready to put in. I got a social security number when I took up on campus jobs at the school and I do have a credit score. Can they get a hold of this and report to the credit bureaus even though I don't live in America? Possibly yes, they may already be doing it. Will they know when I come to America and arrest me at the border or can they take away my passport? For this, they would have to file a civil case in the court and get an injunction to arrest you. Edit: Generally it is unlikely that the court may grant an arrest warrant, unless in specific cases. A lawyer advise would be more appropriate. End Edits It is possible that the visa would also get rejected as you would have to declare previous visits and credit history is not good. Another option, not yet discussed here, is to allow the loan to go into default and let the loaning agency repossess the property the loan was used for, after which they sell it and that sale should discharge some significant portion of the loan. Knowing where the friend and property is, you may be able to help them carry out the repossession by providing them information. Meanwhile, your credit will take a significant hit, but unless your name is on the deed/title of the property then you have little claim that the property is yours just because you're paying the loan. The contract you signed for the loan is not going to be easily bypassed with a lawsuit of any sort, so unless you can produce another contract between you and your friend it's unlikely that you can even sue them. In short, you have no claim to the property, but the loaning agency does - perhaps that's the only way to avoid paying most of the debt, but you do trade some of your credit for it. Hopefully you understand that what you loaned wasn't money, but your credit score and earning potential, and that you will be more careful who you choose to lend this to in the future. At the current rates, stated in the question, I would push additional funds towards your Stafford loans as their higher interest rates will incur interest charges almost 3 times faster than your private loans. With my loans I have not seen much information regarding private loans jumping the interest rate close to the 6.8% any time in the coming years (if others have insight to this I look forward to the comments).  Due to the private loans being variable there is an element of risk to their rates increasing. Another way to look at it may be to prorate your amount of extra payments according to their interest rate.  $1,000 x 0.068 /(0.068 + 0.025) = $731.18 Toward your Stafford Loans $1,000 x 0.025 /(0.068 + 0.025) = $268.82 Toward your Private Loans Two choices:  1.  Sell everything you have and move to North Korea.  2.  Questions regarding loans, refinancing, mortgages, credit cards, investing and anything else that may be related to personal finance should be directed towards the subreddit /r/personalfinance. You will receive a probation (temporary ban) for disregarding this rule. You should definitely pay the remaining loan amount as quickly as possible. A loan in bad debts means that Bank has written it off books as its a education loan and there is no collateral. The defaults do get report to CIBIL [Credit Information Bureau India] and as such you will have difficulties getting credit card / new loans in future. Talk to the Bank Manager and ask can you regularize the loan?  There are multiple options you would need to talk and find out; 1. You can negotiate and arrive at a number. Typically more than the principal outstanding and less than interest and penalties charged. 2. You can request to re-do the monthly payments with new duration, this will give you more time. 3. May one time large payment and subsequent amount in monthly payments. At the end its Bank's discretion whether to accept your terms or not.