Dilemma!!

[Constantine1234 1]

Hi! Im filing for a removal of condition in august and we're planning to move to an apartment.our problem is, my wife has bad credit and she won't be approved for a lease..so her name won't appear on the contract. Any insights?

[Dave&Roza 748]

One single item will not make or break your ROC. My wife was not on the loan due to her lack of credit history in the US. She was on my benefits I have with my employer. She was on our bank account. She was on our credit card. She was on several investment accounts. Her address is the same as mine. She was on my last three tax returns as spouse filing jointly. Do you have information like that? If so, I would not worry. The USCIS is looking for evidence that your lives are being combined like most normal couples. Most people who are going for immigration fraud avoid the financial risks involved with putting the immigrant spouse on accounts with substantial amounts of money--I consider your entire life saving a substantial amount of money.

As long as you have other things to show you are sharing your lives together, you will be fine.

Good luck,

Dave

Edited May 31, 2013 by Dave&Roza

[Darnell 8,478]

wife is uscitizen or the greencard holder?

[Christi85 86]

I'd say having both names on the lease is pretty strong evidence. Can you even put in an application for a lease without disclosing that your wife would be living with you? All lease applications I've seen require you to put down the names of everyone who will be occupying the apartment regardless of income/credit score.

Now, because you're married, if you have good credit, it's likely that your landlord will disregard her bad credit and include her name on the lease anyway.

Even if the lease is not in both names, her name should be mentioned somewhere on the lease contract as living in the apartment, and that would be ok (though having a joint lease is ideal, because it shows not only common residence, but joint financial responsibility as well).

If all else fails and her name cannot be anywhere on the lease, ask your landlord to write a letter affirming that you two share the same apartment.

Good luck in your ROC!