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immibie

House quit claim deed question

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Anyone is in this situation and how did you guys handle it? Basically, we bought a house "after" we got the conditional GC, but due to her credits, we decided to buy the house with my name only on the mortgage/loan. We bought the house as sole property that belongs to me. After we have settled down, I went to the title company and do what they call "quit claim deed" to me and my wife as husband and wife. We are living in a community property state. So if something happens to me, she's the one that takes the house.

It reads something like this: I am a married man have sole right on the property now forever quit claim to my wife and I as husband and wife, blah blah (my name and her name on it). I signed the form, and the title company notarize and recorded it.

Now filing the I-751, I want to send out that quit claim deed, but any mortgage statements or even loan application does not have my wife's name on it. Should the quit claim deed form alone is enough or there could be some issues?

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That should be fine for the I-751.

She owns the home with you. It might be "better" to have both names on both things but I doubt it will matter. When my wife files the I751 we won't even have that. I will not put her name on the deed if it isn't on the mortgage. However in my case the mortgage was taken out before we were married, so she is not legally responsible for the debt (unlike a mortgage taken out after you are married--maybe that varies by state--IDK).

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That should be fine for the I-751.

She owns the home with you. It might be "better" to have both names on both things but I doubt it will matter. When my wife files the I751 we won't even have that. I will not put her name on the deed if it isn't on the mortgage. However in my case the mortgage was taken out before we were married, so she is not legally responsible for the debt (unlike a mortgage taken out after you are married--maybe that varies by state--IDK).

So what did you give them then? A rental property or the house deed and mortgage without her name on it to show them the address where you both reside?

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I am in the same sort of situation. My husband and I had applied and qualified for a mortgage however, a few days before closing my husband was laid off and the only way for us to proceed was to take him off the mortgage and continue with it just in my name, however, we requested that we both be on the deed to the home.

I JUST sent my ROC and all I provided was the deed I didn't bother with the mortgage as it is only in my name. I am hoping that will do. Of course I sent a lot of other things to back it up too but I can't imagine they could take the fact that I gave my Husband ownership over the house lightly, you don't just do that for anyone...


11/18/08 - Arrived in U.S. on B2 visa

02/05/09 - Extended return plane ticket to stay for an extra 3 months

04/23/09 - Decided we didn't want to be apart even though we extended the stay and got married!

04/30/09 - Sent I-130/I-485/I-765 from B2 (no I-693 as it is not yet complete.)

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Removal Of Conditions

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09/02/11 - Bio Appointment the notice was dated 8/12/11

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I had owned my home for some time when we were married. The only way to add my wife's name to the mortgage was to refinance and I didn't want to do that at the time, so I just had the title deed transferred from being solely in my name to being in both of our names. It just cost the filing fee at the county records office and the notary fee for signing it. When it can time to file the I-751, it really didn't matter that we didn't have mortgage payments in both names since the deed showed that we both legally owned the house together. That's pretty powerful proof of a serious relationship. We sent that in, along with bank statements, insurance records, tax returns, and the usual family photos, letters and stuff. Our application was approved straight away (a couple years back now) with no RFEs. I think that having both names on the deed is perhaps one of the strongest indications of a serious relationship. I don't know too many people who will sign there home over to someone they didn't trust in the long run. :)

Best regards.

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So what did you give them then?

We are in that situation (filed Feb this year, hopefully approved soon, no RFE to date). My wife owns our home and has done for more than a decade. I'm not on the mortgage.

We wrote a letter addressed to USCIS, explaining that my wife had held the mortgage since long before I even knew her and that, while we had explored the options and possibilities of me becoming a joint owner with her, that it made no financial sense at this time (explained in more detail than this) and that therefore she remains the sole owner of our home. We went to the bank and signed it in front of a notary for good measure (no idea if that helps but it can't hurt - at least it proves we both signed it) then included the letter in our evidence along with a copy of a mortgage statement. We were following what seemed like a common sense approach, that if we simply couldn't supply something that is normally considered basic evidence, that we should explain why we don't have that rather than just say nothing (and then make up for the shortcoming in other areas of evidence).


Adjustment of Status from K-1 (Very abridged version)

05/20/08 - POE: Chicago O'Hare

07/18/08 - Married

08/30/08 - I-485/I-765 mailed...

03/17/09 - Card production ordered (no notification received!)

03/26/09 - Green card received (196 days)

Removal of Conditions

02/15/11 - I-751 mailed to VSC...

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04/04/11 - Biometrics appt (notice received 03/19/11)

08/22/11 - * * * t u m b l e w e e d s * * * (T+6 months and counting)

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We are also in a similar siuation. I included the deed which shows my husband status as married and just added a note to the cover letter explaining the situation.


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NOA1 08/19/08

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NVC

Received 01/26/09

Completed 02/13/09 (19 Days)

Interview Assigned 03/27/09 (6 weeks after NVC completion)

Medical

04/14/09 (Toronto)

Interview

Montreal 05/12/09 (88 days after NVC completion) **APPROVED**

POE

06/16/09 Buffalo

07/02/09 Welcome Letter Received

07/07/09 Applied for SSN

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03/21/11 I-751 mailed to VSC

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I had a mortgage before getting married, but did refi after, but didn't put her name on it. We did quit claim the deed to include her though. I sent the quit claim deed copy in as evidence. However we are having a AoS interview next week so we'll see how it goes.


May 7, 2007 -- I-129F K1 sent to NSC

Dec 26, 2007 -- K1 Visa approved.

------

Sep 16, 2008 -- AOS/EAD/AP sent to Chicago

Apr 01, 2009 -- Conditional green card arrives.

------

Feb 19, 2011 -- Mailed I-751 Packet to lift conditions

Nov 11, 2011 -- Permanent GC rev'd in mail.

------

Apr 25, 2012 -- Mailed N-400 Naturalization

Aug 16, 2012 -- Citizenship Interview. Approved.

Sep 06, 2012 -- Citizenship Oath.

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I had a mortgage before getting married, but did refi after, but didn't put her name on it. We did quit claim the deed to include her though. I sent the quit claim deed copy in as evidence. However we are having a AoS interview next week so we'll see how it goes.

What are the documents did you send as part of your I-751 evidence?

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A quit claim deed should suffice. However I would get a registered copy from the clerk of the courts that shows it has been recorded, this is also good for you because you will know the title company actually did record the quit claim deed as well. The quit claim deed should clearly spell out the how is the property is held, will say some thing to the effect ofj ohn a doe and jane a doe husband and wife(example).

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I bought the house before we got married. We didn't even worry about that. We sent joint bank statements and utility bills in both names, along with joint tax returns. We sailed through the ROC process in record time with no RFE's, no interview.

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Shoot. Had a whole reply and lost it.

My H moved into my house with everything in my name, too. So I explained it in the cover letter -- they've seen this situation probably more than just a couple of times. ANYTHING you have joint during that period is good. The more the merrier. My H bought things for the house that were either mailed to us or were put on quotes and invoices. Stuff like parts for the toilet and a sink. Doesn't matter what. A person not living with you is not going to get a quote for a deck on the house and pay for it out of pocket himself. Same for getting the back deck redone.

We had only 1 common bill at that time. We included several, but not all months -- just showing that it continued over time. His paycheck with our address. NY license. My insurance with his name on it. My 401K showing he is my beneficiary (which is kind of stupid because there or not, he is.)

Didn't even include taxes.

My MIL kept a list of every time my H crossed the border. Don't know exactly why. But it showed that he spent his time mainly in the US. Has sons in Canada so regular trips back home. Explained those things in the letter.

Two affidavits -- one from my ex-husband who met my now H when we were dating when he came to pick up the kids. So he is aware how long we've been together. Probably pulled some weight.

We finally moved into a home we bought together. So the last 7 months we had a lot of joint things. We also bought a timeshare. I figured that anyone stupid enough to buy a timeshare together is probably married. I may have even said that in the letter. I figure humor never hurts.

Try not to worry about the house. If you think hard, you'll find plenty of other things to use. And, I found the same thing as the other poster -- would have had to refinance to get his name on the house. Not worth it. If I croaked, he would own an underwater house. Lucky him. :blush:

Good luck.


Sent I-130 to VT 25-Oct-2007

I-130 Moved to California 6-August-2008

My petition has been in 3 states (1, twice) in 9 months!

Rec'd by CSC 8/9, touched 8/11, 8/12, 8/15, 8/20, 8/25

Approved Tuesday, 25-August-2008

10 months since we mailed the petition

Rec'd NVC 9/3, Invoice Generated 9/10, DS-3032 emailed 9/11.

Rec'd AOS invoice 9/15, paid online 9/15, Accepted as Paid 9/18, mailed I-864EZ 9/19

IV Invoiced 9/18, paid online 9/19, Accepted as paid 9/22

DS-230 sent 10/2

Case complete @NVC 10/8 - 11 months, 1 week and 6 days

Interview in Montreal December 18, 2008 - scheduled 1 year, 1 week and 3 days after the start of our journey. Takes place 1 year, 1 month, 3 weeks and 2 days after the start...

[X] Passed [ ] Failed Interview

Thursday, April 2, 2009 Activated Visa - 1 year, 5 months, 1 week and 1 day

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Glad to know the joint mortgage probably won't be a stickler. Need to work on the joint utilities. Been married a year, but since everything was set up to be paid by direct withdrawal, I hadn't bothered to change my names with those companies. I have a year yet before ROC, but trying to get my ducks in a row. Refinancing the house I bought 5 years before I met my DH is out of the picture. Great list of what people have done!

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Had our AoS interviews (seperately) today and she was approved. In our case the quit claim deed, tax returns, medical bills, medical and life insurance forms, pictures and bank statements were sufficient.


May 7, 2007 -- I-129F K1 sent to NSC

Dec 26, 2007 -- K1 Visa approved.

------

Sep 16, 2008 -- AOS/EAD/AP sent to Chicago

Apr 01, 2009 -- Conditional green card arrives.

------

Feb 19, 2011 -- Mailed I-751 Packet to lift conditions

Nov 11, 2011 -- Permanent GC rev'd in mail.

------

Apr 25, 2012 -- Mailed N-400 Naturalization

Aug 16, 2012 -- Citizenship Interview. Approved.

Sep 06, 2012 -- Citizenship Oath.

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