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Abcd1234

Getting mortgage while pending i130

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Posted (edited)

So i am applying i130 for my wife and i know it will take time, however meanwhile while she is waiting for the process, i ( U.S citizen) want to buy a house on Mortgage. Is it true that we need to have both of our names in mortgage? Can we still do it while she is not here , with no ssn or tax no. Anyone did it before? Thanks.

   If I do want to add her name, how the process would go? Oo also what if her visa didn't work out,  can we sell the house with she being not here.

Also we want to rent it out and have rental income....would it make things complex for taxes or is it doable.

  Any advice...

Thanks in advance

Edited by Abcd1234

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4 minutes ago, Abcd1234 said:

So i am applying i130 for my wife and i know it will take time, however meanwhile while she is waiting for the process, i ( U.S citizen) want to buy a house on Mortgage. Is it true that we need to have both of our names in mortgage? Can we still do it while she is not here , with no ssn or tax no. Anyone did it before? Thanks.

   If I do want to add her name, how the process would go? Oo also what if her visa didn't work out,  can we sell the house with she being not here.

  Any advice...

Thanks in advance

You will need to ask your mortgage company.

 

Your timeline is empty and some of the answers depend on the state.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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You would need to talk to any mortgage lender and see what information is needed to add your spouse on mortgage. They would be able to help.


Timeline Info below:

Spoiler

04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

06/08/16 -- Sent I-130

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

----- Removal of Condition -----

Removal of Condition (I-751) [TBD]

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

07/22/2019 -- Biometrics Appointment Complete

 

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Adding her to the mortgage is not a must, it would be part of the co mingling of finances evidence. With this I mean that it is not a specific requirement or anything. If there is evidence of other co mingling of finances, that would be sufficient too. All the normal co mingling that normal couples would have.

No need to create evidence just to have it, that would be backward thinking.

My husband payed off his mortgage so I would not be on any mortgage either. 


 

USNLhome.jpeg

 

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6 hours ago, Pininfarina said:

We just bought a house with a pending I-130.  Spouse cant be on the mortgage but is on the title.

 

 

So, did you need spouse signature or something. Can you please explain a little how it went? 

 

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12 minutes ago, Abcd1234 said:

So, did you need spouse signature or something. Can you please explain a little how it went? 

 

At the real estate office with a notary we both had to sign a big stack of papers.

 Both had to show ID of course. 

 

So your spouse has to be present during closing date.  

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29 minutes ago, Pininfarina said:

At the real estate office with a notary we both had to sign a big stack of papers.

 Both had to show ID of course. 

 

So your spouse has to be present during closing date.  

Oo so has to be present. Thanks 

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13 hours ago, Abcd1234 said:

So i am applying i130 for my wife and i know it will take time, however meanwhile while she is waiting for the process, i ( U.S citizen) want to buy a house on Mortgage. Is it true that we need to have both of our names in mortgage? Can we still do it while she is not here , with no ssn or tax no. Anyone did it before? Thanks.

   If I do want to add her name, how the process would go? Oo also what if her visa didn't work out,  can we sell the house with she being not here.

Also we want to rent it out and have rental income....would it make things complex for taxes or is it doable.

  Any advice...

Thanks in advance

You can have both names on the deed and your name on the mortgage

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Posted (edited)
2 hours ago, Abcd1234 said:

Oo so has to be present. Thanks 

I just went through this same process, buying a house with a pending CR-1 visa, my husband still living in Brazil (he's arriving in three weeks with visa in hand now).  The rules about spouses and mortgages depend on the state where the property is purchased, some states like California require any spouse to be part of the mortgage papers at least to sign off with a form stating that he waives his interest in the property, that's what we did to satisfy the laws of California.  He signed the papers in Brazil and sent them via FedEx to me and I sent them to the mortgage company.  I couldn't get the mortgage on my own in California without these papers signed by my husband.  So ask your lender and title company what the laws are for your state and how you can do this.  Most likely there is a way to sign papers waiving the foreign spouse's interest in the property if the law of your state requires this so he does not have to be there to sign all the papers at closing.  Some states may not even require the spousal waiver form, so check it out.  Good luck!

Edited by carmel34

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