Joint US lease while awaiting IR1/CR1 (Final Interview-phase)

[Marie&Chris 0]

Hi everyone,

First off, I'd like to thank everyone in here for being so supportive - I know we all thank our maker for this forum in these trying times, and I personally don't know what I would have done without visajourney and all you nice people out there.

I have a quick question: I am in currently awaiting my final interview, but I have been lucky enough to spend most of the waiting time in the US (although I suspect I've been very lucky to be able to do that - I'll write another thread about that later), so I am planning to stay in the US until I have to go home for the final interviews & medical exam.

Anyway - we're currently apartment-hunting, and we were wondering if it would be a good idea to get my name on our upcoming US lease (before the final interview), or if that could be a "red flag" that I intend to bypass the system and stay here? (Which is why I've heard they deny many unlucky IR1/CR1 at the POE). I have no intentions of bypassing the process I'm currently in (that would be rather stupid after waiting this long), but I am dead scared that if the apartment complex runs a backgound check on me, the immigration authorities might catch that and assume I'm a flight risk? Or would they simply view it as a preparation for our life together (and it would then be a plus in the form of bonafide-proof of marriage?).

I really don't want to jinx the interview at such a late time, but I also don't want to run the risk of staying in our new apartment without being on the lease (it's pretty unfortunate to lock yourself out or need maintenance without your name officially on the lease). I don't intend to go back to Copenhagen before I have my interview date/medical visit.

I hope some of you might have an answer!

Thanks for the help,

M.

Edited April 27, 2011 by Marie&Chris

[Darnell 8,478]

IMO, it's evidence of financial co-mingling, one of the THINGS asked for on the I-130 instructions.

[Penguin_ie 5,993]

Agree with Darnell, if anything it's a good thing from immigration point of view. That being said, some places won't let a non-legal resident be put on a lease.

[felo391971 4]

I enter my wife name on the Lease and send it to Colombia for her to enter her signature and she mail the Ds package to the NVC w. the lease as part of proff on our relationship . Biger place than before .

Good Luck

[Marie&Chris 0]

-SOLVED-

Just wanted to update this post, in case anyone else comes accross it.

I have spoken to an immigration attorney who said that I should not present the lease at the interview, as it could show "intent on living the US prior to the issuance of my visa", and could ultimately lead to the denial of my application. I am in the U.S. on a tourist visa, and as such, should not engage in a long-term lease.

Just an FYI for ppl in similar situations.

[Darnell 8,478]

IMO, the attorney is wrong.

[Done--Really 331]

I think dead wrong--

[ceciliaottawa 0]

I have no knowledge on this so I cannot say whether the attorney is wrong or not. But based on common sense, I would think the safest bet is to not present the lease just in case the attorney is right... It is assumed that the foreign spouse is not in the US yet so a lease at this point is not expected... So, if you have other substancial evidence of bonafide marriage I would leave this one out just to play it safe. You can still do the lease but just don't show it. Or if you are afraid of a background can you just have your name added on to it later?

[jkminney 30]

Completely wrong information. My husband was here when it came time to renew my lease. He showed his passport, they took his information regarding work number and whatnot....that was it. We then had one more thing to show that we were co-mingling our finances. You are supposed to be able to show these things so why a lawyer would advise you against getting as much proof that you are paying for things jointly I have NO idea. He's also been on my checking account here LONG before we were married. Sounds like your lawyer would say that's not a good idea either

[Done--Really 331]

Just like in any profession, some immigration lawyers are great, and some are horrible. We don't know all the details here, but I don't think this one is towards the "great" end of the scale.