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I've added my husband (came from England on K-1) to my power, gas, and city bill. As I bought my house, I am unable to add him to the loan so the only thing I can do is add him to the deed. We may be possibly moving in the spring. Will showing that his mail is coming to my house and having him on all the utilities be enough to show we live together or do I have to add him to the deed of the house? 

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20 minutes ago, Pooley said:

I've added my husband (came from England on K-1) to my power, gas, and city bill. As I bought my house, I am unable to add him to the loan so the only thing I can do is add him to the deed. We may be possibly moving in the spring. Will showing that his mail is coming to my house and having him on all the utilities be enough to show we live together or do I have to add him to the deed of the house? 

I would say if you can add him to the deed, then do it.  For my wife I added her to my lease, and all associated utility bills.  The more evidence, the better!  

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18 minutes ago, Pooley said:

Will showing that his mail is coming to my house and having him on all the utilities be enough to show we live together or do I have to add him to the deed of the house? 

It’s enough evidence for cohabitation but adding him to the deed will be one of the strongest evidence of financial commingling. However I understand it’s a sensitive issue and if you’re not willing I’d understand. 

 

Also, technically I don’t think you “add” him to the deed. You have to do a quit claim from you to both you and him.

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1 minute ago, USS_Voyager said:

It’s enough evidence for cohabitation but adding him to the deed will be one of the strongest evidence of financial commingling. However I understand it’s a sensitive issue and if you’re not willing I’d understand. 

 

Also, technically I don’t think you “add” him to the deed. You have to do a quit claim from you to both you and him.

That's what I figured. I also added him to my bank account so we have joint accounts plus all the utilities. Just wondering if anyone else has not added their spouse and been okay. 

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18 minutes ago, Pooley said:

That's what I figured. I also added him to my bank account so we have joint accounts plus all the utilities. Just wondering if anyone else has not added their spouse and been okay. 

other options include, wills, life insurance... that are pretty easy and cheap to do...

 

my hubby tried adding me to the deed, but deed wasnt in his name yet given he’s still paying the house off, so we refinanced with a different bank, got a better deal on interest and added me to the loan during my last visit. 


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You should understand the tax consequences of adding your non-citizen spouse to the deed.  From my research and reading of tax rules, gifting partial title to a spouse is non-taxable ONLY when the spouse is a US Citizen. For your non-citizen spouse, the deed that you quitclaim (50%) will be considered taxable income in the eyes of the IRS. 

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52 minutes ago, TandSarahJane said:

For your non-citizen spouse, the deed that you quitclaim (50%) will be considered taxable income in the eyes of the IRS. 

That is true if the spouse is a nonresident alien for tax purposes: https://www.law.cornell.edu/uscode/text/26/1041 Determine if your spouse is a resident alien for tax purposes: https://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status

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2 hours ago, Pooley said:

That's what I figured. I also added him to my bank account so we have joint accounts plus all the utilities. Just wondering if anyone else has not added their spouse and been okay. 

 

My wife did not add me to the deed of our initial residence which she owned with no mortgage. We bought a new house after one year and the deed and the mortgage were only in her name. I got through Removing Conditions and Naturalisation without being listed as a joint home owner or on the utility bills. 

 

I wouldn't bother for AOS. You'll have enough evidence of other joint things by the time you interview. 

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11 hours ago, Wuozopo said:

 

My wife did not add me to the deed of our initial residence which she owned with no mortgage. We bought a new house after one year and the deed and the mortgage were only in her name. I got through Removing Conditions and Naturalisation without being listed as a joint home owner or on the utility bills. 

 

I wouldn't bother for AOS. You'll have enough evidence of other joint things by the time you interview. 

Agreed, we made it all the way through without joint home ownership.


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12 hours ago, HRQX said:

That is true if the spouse is a nonresident alien for tax purposes: https://www.law.cornell.edu/uscode/text/26/1041 Determine if your spouse is a resident alien for tax purposes: https://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status

Actually there is an indexed exclusion amount for taxation of spousal gifts when the spouse is not a US Citizen.  In 2019, that exclusion amount is $155,000.  If the spouse is a US Citizen then the exclusion is unlimited.

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adding to deed is enough

u would have to refinance the mortgage to add him and that means paying new closing costs which no one wants to do unless really beneficial for a lower interest rate or payment

but you plan to move and doing this would really hurt as the refinance costs can not be recovered with the sale

 

I did not add Adil to the mortgage

i added him to the deed 

that put him on the property tax bill and was enough for his visa here and his interview for citizenship

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In our state it is a hassle to add a spouse to the deed as well. Takes about $500 and lot of paperwork. If you can, do a Home equity Loan and add him that way. If that is not possible, then Checking accounts, Wills, Codiciles, HealthCare proxies, 401K, health Insurance, Life, etc...

 

We did not even have an interview for either the AOS or the ROC. They just sent the green card in the mail (after 15 months and with no informing us either)....

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I concur with the advice that adding a spouse to the deed is a good idea and sufficient.  My husband and I are going through this now, adding his name to the deed.  In most states, spouses are, by default, equal owners of marital real estate anyway, so the revised deed is the piece of paper that formalizes this and is viewed favorably by USCIS for immigration purposes to show co-mingling of finances.  Our attorney did not charge too much to file the paperwork.  The mortgage will stay in my name only so we don't have to go through re-financing.  Good luck!

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I also went through AOS without being on the deed and we were fine. We did add my name to it for ROC. Fortunately, my husband's work offers "legal insurance" so we were able to do all the paperwork with the help of a lawyer for free.

 

If you're moving, my advice is don't bother with the deed. At our AOS interview we were asked why we didn't have this type of proof (lease/deed) and we simply answered that my husband bought the house before we met.


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