Immigrant Fiance, Rental agreement...

[johnstonl 2]

So I have a bit of an issue that's making me nervous.

My fiance is set to be here on June 18th, we'll be getting married in August.

The house I am currently renting needs every person over the age of 18 to be on the lease, and they will need to be screened. The process includes credit, rental history, proof of employment, etc. All the typical things I suppose.

I'm sure she's going to get denied if we have her apply. Also, I never told me landlord about this because I was nervous about the situation.

Can I be evicted (lawfully) if she is found to be living here without being on the lease? Are there any loopholes because of her visa status?

What should I do? Any advice?

Oh and I'm in Oregon if that makes a difference...

Thanks in advance!

Edited June 7, 2014 by johnstonl

[belinda63 2,981]

Usually your lease allows for "guests" who can stay a maximum of a certain number of days. If they stay there longer they are considered "tenants" and have to be added to the lease. If you fail to follow the rules of the lease you can be evicted. You will need to notify the landlord she will be living there and she will need to file out an application or be screened depending on how they do things.

[johnstonl 2]

Well, as for the first part of your answer, I have never read anything like that in the agreement, and have read over it several times. Is that an automatic thing based in law or a case by case situation?

As for her applying and not having the required info, if she is denied (which i am almost certain of) can they tell her she can't live here?

[Darnell 8,478]

i see two extremes:

1. after talking with the landlord about the impossibility of proving up these things with a recent K-1 visa holder - said landlord waives all doc requirements on her.

2. you get a private rental elsewhere that isn't so strict.

inbetween these extremes - you'll find some middle ground

[AtariBaby 17]

Tenant rights vary from state to state and even city to city. There are probably low-cost/no-cost tenant rights organizations in a progressive city like Portland. So one thing you should look into now is what exactly your rights are.

Consider also, you might be surprised at how human people can be, if you go and talk to them. If you deal directly with the landlord, call this person or go to their office and explain that you're getting married. If you deal with a property management company, or building manager, that may be tougher, but if it's like San Francisco odds are you are talking to an immigrant or someone with close friends and family who are immigrants. Much will depend on your existing relationship with them.

I'm sure people violate their leases all the time. And I don't know your "visa journey" but usually, evidence of co-habitation is something USCIS really wants to see, so think of this is a difficult but necessary thing to deal with.

Edited June 7, 2014 by AtariBaby

[Girl from Celebes 588]

Like other said, you should checked to your landlord about your situation. As my experience, my husband rent the apartment as a single man and no an agreement about if someone comes over and live with him. I came in the US February, got married in May, and I went to the landlord office many times. No words ever came out from them about my existent here.

[pepper297 63]

I looked at plenty of places to rent while I have been waiting for my fiance to get here. All of them said it isn't an issue and they run into things like that all of the time. I let them know he was immigrating, wouldn't have a ssn at first and clearly no criminal history. They said they just pop in the info that they have and of course no red flags come up. I would try not to project and just follow the steps you are supposed to by putting one foot in front of the other. Things will always find a way of working out.

[johnstonl 2]

I looked at plenty of places to rent while I have been waiting for my fiance to get here. All of them said it isn't an issue and they run into things like that all of the time. I let them know he was immigrating, wouldn't have a ssn at first and clearly no criminal history. They said they just pop in the info that they have and of course no red flags come up. I would try not to project and just follow the steps you are supposed to by putting one foot in front of the other. Things will always find a way of working out.

I agree that things will work themselves out, they always do...

One reason this has me concerned is because I live with one other person (in a 3 bdrm house) and we've had others apply to move in and not get through screening for one reason or another. So for my fiance, I know she'll be denied based on the criteria.

Also, I never mentioned it to the landlord (property management company), and now it's like "why didn't you ever tell us in the first place?" which of course I should have, but I was afraid of it.

[AtariBaby 17]

Also, I never mentioned it to the landlord (property management company), and now it's like "why didn't you ever tell us in the first place?" which of course I should have, but I was afraid of it.

You're under no obligation to tell anyone that you fell in love and decided you want to live with someone. Whether you can do it at the place you rent is another story. You should definitely have someone review your lease and your rights, so that you know exactly what they are, and exactly all the different ways this can play out.

[Julie+Matt 84]

I would just tell them the situation. They can screen them once they get a social # & build a US credit history. Whenever tsc gets around to finishing up the piles in front of them & slowly heads into April & he eventually gets here, I'll have to deal with that too. I plan on explaining (when I apply) my situation because, obviously I can't sign a lease agreement until he has his visa in hand. (I'm at my parents now saving money until he gets here)

[AtariBaby 17]

And another thing: I know for a fact that in San Francisco, at least, most landlords don't check with the credit report agencies. They check with an agency that reports based on the person as a potential tenant, that's credit rating plus any evictions on record, etc. If she gets a Social Security number ASAP, who is to say that she'll be denied? She may have no established credit, but she'll have a blank slate, i.e., no bad credit, and no evictions on record. Protip: And she can go to a credit union and set up a checking account and get a secured credit card (that's a credit card where you back it with a cash deposit). Most credit unions do not report these as secured.

Edited June 7, 2014 by AtariBaby

[johnstonl 2]

And another thing: I know for a fact that in San Francisco, at least, most landlords don't check with the credit report agencies. They check with an agency that reports based on the person as a potential tenant, that's credit rating plus any evictions on record, etc. If she gets a Social Security number ASAP, who is to say that she'll be denied? She may have no established credit, but she'll have a blank slate, i.e., no bad credit, and no evictions on record. Protip: And she can go to a credit union and set up a checking account and get a secured credit card (that's a credit card where you back it with a cash deposit). Most credit unions do not report these as secured.

Thanks for your help. All good info.

However, we won't be getting married until late August and she'll be here really soon. We really don't want to rush the situation because we've done a lot of planning, etc

[kehills 217]

If you guys are going to be legally bound together (you know, marriage), then why would they care about her lack of US credit/history? She's going to be mingling assets with you, so it's possible that you being cleared to live there is enough. (It's not the same as other roommates, since a roommate doesn't have the same legal entanglement as a spouse.)

FWIW, my lease said my apartment was for a single renter. I found out what the apartment with two people was being rented at, went to my landlord, said "I'm getting married, and we'd like to stay here, can we pay you the same amount as the other people who live here?" Yes, rent went up a bit, but my landlord was so thrilled that I was pro-active and made the effort that she ended up redoing the entire landscape of the front of the house for our wedding (which was in the front garden). She loves my husband, thinks we're great tenants, and is thrilled she didn't have to deal with having us leave and finding someone else to move in.

IME, the old adage about it being easier to apologize than ask permission doesn't work when it comes to things involving other people and money. Best to be cheerfully upfront and honest.

[KayDeeCee 4,892]

~ Moved from K-1 Process to Moving Here and Your New Life in America - topic about lease agreements, not K-1 process ~

[Jamnan_n_Steve 17]

Check with your state fair housing agency (name varies). It is a Federal offense to deny housing where chilren are involved (e.g. new baby, adoption). Under California law there is also protection for families more generally so lease provisions can run afoul of housing discrimination laws.

Steve