Airbnb for domicile?

[sean.law 2]

My wife (USC) and I are currently in Canada but she is planning to move to the US to establish domicile. Is there any problems with using airbnb to find a place? We would like to use this because she doesn't have much credit in the US right now, it would be nice if she had a furnished place, and short term leases are available through airbnb. So as long as we get a signed lease, there should be no problem, right? My concern is that the lease terminates at a specific point. So if we want a 6 month lease, it ends after 6 months, and there is no month-to-month condition. This is fine for us because we intend on moving to a different state shortly after I get approval (6 months time should do it), but will this raise some suspicion? She will be living there and working there but in a temporary way I guess. Any thoughts?

[Shauna&Wael 211]

You can get a short term lease with bad credit? Hmm, i don't know about that.

[sean.law 2]

I'm not sure airbnb "landlords" even do credit checks.

[Shauna&Wael 211]

I'm not sure airbnb "landlords" even do credit checks.

For a pre-paid week long visit i'm sure not. But, if you'll be doing anything long-term, surely they'll want some sort of proof that you'll be able to pay. In some shape or form. Will she have a job lined up here? Or you're just basing purely off savings?

[sean.law 2]

In my experience (rented an apartment for 3 months), I got by with no lease or credit check through airbnb. I'm sure it's up to the landlord. You're right, they may do a credit check, but we'll cross that bridge if we have to. Our credit card is 5 months old so we should see something soon (I've heard 6 months?).

Besides the point however. I want to know if there's a problem with an airbnb lease that terminates vs. having a lease that ends with a month to month clause.

[Ash.1101 1,755]

If you're going to try to prove domicile that way you're going to want to make sure she signs a lease.

I don't see there being a problem other than having the move again, but as long as your fiance is living there while you have to prove domicile you should be fine. If it shows the lease expiring in a month from your interview that might raise some concerns, but I'm pretty sure a lease is a lease.


If ya'll plan on moving to a different state shortly after arriving on your K1, why don't you just have her move to that state ahead and get your life set up from there? Just curious.


As for not much credit, A LOT of apartment complexes will take people with bad credit as long as you can show you have some money in the bank. Generally bad/no credit will get you either a higher deposit or they'll ask for more financial proof, such as how much you have saved/in your bank and/or your jobs current income if you have any.

I got my current place just by showing bank statements, didn't have a job and my credits not so good. Been here for three years now, not the best of places, but it's a place.

Edited August 18, 2015 by Ash.1101

[Shauna&Wael 211]

In my experience (rented an apartment for 3 months), I got by with no lease or credit check through airbnb. I'm sure it's up to the landlord. You're right, they may do a credit check, but we'll cross that bridge if we have to. Our credit card is 5 months old so we should see something soon (I've heard 6 months?).

Besides the point however. I want to know if there's a problem with an airbnb lease that terminates vs. having a lease that ends with a month to month clause.

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Pages 4-5 go over proving U.S. domicile.

[sean.law 2]

Thanks! I agree - lease is a lease, right? That's a good point about making sure it doesn't terminate shortly come interview time.

It's a CR-1 BTW.

We're on the West Coast now, wanting to move back to the East once this is all finished. I've got a good job here that I don't want to give up until it's time. The border is close so we can see each other. She can move now to the East for sure, but then we'd have trouble visiting each other.

Yes, credit is for sure important but we have some money saved up that would cover the 6 month term and good references (have had 4 apartments over the past 5 years with no missed payments), so I think we're okay.

I know about the I-864 instructions. I have read them. I just wanted to know about any issues arising from renting via airbnb vs through a normal process using a landlord. I suspect there's no issue (lease is a lease) but wanted to confirm with the community.

Edited August 18, 2015 by sean.law

[Ash.1101 1,755]

Thanks! I agree - lease is a lease, right? That's a good point about making sure it doesn't terminate shortly come interview time.

It's a CR-1 BTW.

We're on the West Coast now, wanting to move back to the East once this is all finished. I've got a good job here that I don't want to give up until it's time. The border is close so we can see each other. She can move now to the East for sure, but then we'd have trouble visiting each other.

That's understandable then, and yeah a lease is a lease. Also she can make sure to have the standard house bills in her name, electricity and such. Depending on how long that your process is going to take since you're spousal, you may be better off just renting for a year or so.

But I understand being closer and such, just make sure that she has a lease and that it doesn't expire too soon, and if it does make sure there's an option to renew it and/or find another place asap.

[sean.law 2]

Good points. I think it might be better to find an apartment that does a short term lease with month-to-month, or just worry about subletting if we need to with a year lease. Thanks! And good luck on your interview

[Shauna&Wael 211]

"You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status.

You must submit proof that you have taken concrete steps to establish that you will domicile in the United States at a time no later than the date of the intending immigrant’s admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above."

It says on the Airbnb website that hosts can write up contracts for the guests to sign, but it doesn't mention if they can be added on to the existing lease. That would be up to the host.

[Ash.1101 1,755]

Good points. I think it might be better to find an apartment that does a short term lease with month-to-month, or just worry about subletting if we need to with a year lease. Thanks! And good luck on your interview

Thank ya! And yeah I'd almost go with the short term and month to month, if anything you could see in the contract from the airbmb people you would lease from if they're okay with adding a month to month clause or about adding in an option to renew if that's the route you wanna go.

[Lemonslice 4,553]

Not sure she'll get driver's license, state id and what not from an airbnb stay though. On the other side, some people move in with family members and have even less of a contract.

[Shauna&Wael 211]

Not sure she'll get driver's license, state id and what not from an airbnb stay though. On the other side, some people move in with family members and have even less of a contract.

I'm pretty sure she would only really need passport and taxes right?

[Lemonslice 4,553]

I'm pretty sure she would only really need passport and taxes right?

Montreal is much stricter than that.; passport and taxes do not prove domicile. There's a thread about it.