I-751 RFE

[MoniTa85 11]

Hello everybody.

I just received a RFE on my I-751 process. Uscis is requesting more evidence because it seen like the one that we previously sent is not enough.

I have a question regarding to the new evidence that we are going to send. My husband and I bought a house last year. The house is on his name since he was the one who got the loan and is making the monthly payments. I do not work. I am currently a college student, so my husband is taking care of all my expenses and the household expenses.

Well, the point is that the only paper regarding to the house purchase that has my name in it is a "interspousal transfer grant deed." I'll quote what it says.

"This conveyance establishes sole and separate property of a spouse..." "for a valuable consideration, receipt of which is hereby acknowledged, (my name), wife of then grantee herein." "hereby grants to (my husband's name), a married man and his sole and separate property."

To be honest with you, we don't really know what it means. My husband says that we should send those papers as evidence, but I am a little hesitant about it. So, if someone have a better understanding of what it means and if it is good to send please let me know.

Thank you.

[EM_Vandaveer 2,377]

I am not a lawyer, but it sounds like to me that the house is his sole property (so NOT communal property). Hopefully someone else will chime in and agree or disagree with this.

If I'm right, this is not evidence of financial co-mingling. On the contrary it's evidence that he kept the house as his separate property.

[Transborderwife 4,666]

Isn't California a community property state?

[EM_Vandaveer 2,377]

Isn't California a community property state?

It seems to me that with that deed she transferred her half to her husband? Like I said I'm not a lawyer but that's how it sounds.

[Pitaya 2,577]

~Moved from Fam.-based AOS to ROC Forum~

~Inquiry about ROC process, past AOS~

[usmsbow 796]

Isn't California a community property state?

Yes, but a couple can make an agreement to not divide an asset in the event of a divorce.

It seems to me that with that deed she transferred her half to her husband? Like I said I'm not a lawyer but that's how it sounds.

Yes, it sounds like that to me too. If I were the OP, I would recommend to my husband to not include that. But like you, I'm not a lawyer. Also, we've been only provided one small part of the document. We don't know the full context. Perhaps there are some caveats such as, "If either party is convicted of a felony, then the terms change to the following." (I really doubt such a thing is in the document, but just providing an exaggerated example).

[EM_Vandaveer 2,377]

Just from the "wife of grantee" part : the husband is the grantee so he is being granted something. Then it says "sole and separate property" in regards to the husband. So that's how it sounds to me. The house was made solely his by that deed. But again, I am not a lawyer. Maybe asking on avvo.com or similar with the whole text of the deed?

Edited April 24, 2016 by EM_Vandaveer

[MoniTa85 11]

Isn't California a community property state?

Yes, it is. My husband says that the "interspousal transfer grant deed" does not really matter because under California's law we both own the house. Anyway, to me what matters is if the paper will make a good evidence, or will the process be affected by it.

[MoniTa85 11]

Just from the "wife of grantee" part : the husband is the grantee so he is being granted something. Then it says "sole and separate property" in regards to the husband. So that's how it sounds to me. The house was made solely his by that deed. But again, I am not a lawyer. Maybe asking on avvo.com or similar with the whole text of the deed?

Thank you. I'll try that website and see what they say.

[Anna&Jim 52]

If I were you I would not send that document as evidence. Do you have perhaps utility bills with both names on it? Cellphone bills? Medical insurance provided by his job? You guys can also open a joint bank account or ask his bank to give you a credit card. Just an idea..those are the kind of things we sent.

Good luck.

[Sukie 1,440]

Yes, it is. My husband says that the "interspousal transfer grant deed" does not really matter because under California's law we both own the house. Anyway, to me what matters is if the paper will make a good evidence, or will the process be affected by it.

I would not include it. On your reply to the RFE, you should state that the house is in your husband's name alone because you are not working and did not have the appropriate credit rating to be included in the mortgage.

Best to look for other evidence.

Sukie in NY

PS: Just because he owns the house by himself doesn't mean your homeowner's insurance shouldn't have YOUR name on it too. Sending a copy of the homeowner's insurance with both of your names on it is good evidence.

Sukie in NY

[lmihler 23]

Can you not amend the title to the house to include your name?

We also purchased a house and my husbands name is on the mortgage BUT both our names on our the title.

It would also help everyone to know what you sent in the original application!

[NikLR 13,220]

Not being on the mortgage has nothing to do with not being on the title. I am not on our mortgage but I'm definitely on the title!

What did you send originally? What do you have jointly that you could send now?

Edited April 25, 2016 by NLR