AOS - Adding Spouse to Rental Lease

[tuandanh 3]

Hi all,

Just anticipating AoS and when So comes to the USA. I have an apartment rental lease where it's only my name on it and it does not expire for another 6 months. I would obviously like to add the So to the lease as part of the Aos process and because they will be my spouse. The So is from another country so they won't have credit history, a job, etc.. It wouldn't be likely they would pass a credit check and be a likely candidate.

From what I can tell, the property management can deny us because it's an adjustment of the original lease. I'm afraid if I go to them, it will alert them I am having a resident reside here that is not on the lease, ie breaking the terms of my lease. My place is also a small studio so they may say it's only meant for one person (although more than fine to have 2 people here, more than enough room, excellent location, etc). What should I do, look for a new place?)

Has anyone been through this? I know I am not the only one who rents...

Any info will be greatly appreciated.

Thanks!

[VanessaTony 3,567]

I wouldn't change the lease BUT I would ask whether or not having your wife move in would be an issue then you can decide whether you want to stay there, or move out. They can't penalise you for asking a question.

My husband and I rented when I first moved here and there was no issue, we added my name to the mailbox without a problem and they knew all about me. He rented an apartment and paid the water and electricity on top of rent. I assume that if it was one where utilities were included it might have been a problem seeing obviously adding another person = more utilities.

Only by asking will you know for sure.

[la2011 5]

I moved into my now husband's place and we plan on moving out in December, the property management company wanted to charge us 50 dollars for adding my name, so I told them to shove it...lol Seriously, it doesnt matter. As long as you have evidence, we sent our joint bank accounts, joint gym memberships, phone bills and some other things. But we've been married for 4 months, we dont have that much to show yet and I'm pretty sure USCIS is aware that that is the case for newlyweds. You can present evidence of mail received at your shared place of residence in both of your names. That somewhat proves you live there as a couple.

Anyway, like a lawyer so eloquently said once, "that's what interviews are for". It's necessary to send some evidence of bona fide marriage when you AOS, but ultimately the interview will show them that you are a real couple as well as the ROC part when you'll have been married for 2 years and will have a lot of comingling by then.

My 2 cents on the matter

Edited July 17, 2011 by la2011

[missicy 87]

You can ask them if it's possible to add your spouse to the lease. People marry and move in together all the time so it shouldn't be a problem. When I moved in with my husband, we signed a lease amendment with both of our names on it. I didn't have no credit history either so we had to pay a security deposit. I'm sure your situation is not new to them, they've probably dealt with lease adjustments before.

[tuandanh 3]

Thanks for all the great replies. I will definitely ask them but wanted to make sure I had all the facts first before I tell them what my plans are.

Do you think it's even necessary to put the So's name on the lease if I have other joint proof as mentioned above?

For missicy, was it a new security deposit on top of the one your So had to pay in the beginning? Was it a lot, such 1.5x rent?

I also pay my own utilities so that shouldn't be an issue, we'll add the So's name to that for sure.

Thanks!

[JimVaPhuong 4,863]

Thanks for all the great replies. I will definitely ask them but wanted to make sure I had all the facts first before I tell them what my plans are.

Do you think it's even necessary to put the So's name on the lease if I have other joint proof as mentioned above?

For missicy, was it a new security deposit on top of the one your So had to pay in the beginning? Was it a lot, such 1.5x rent?

I also pay my own utilities so that shouldn't be an issue, we'll add the So's name to that for sure.

Thanks!

Hi Tu,

Not everyone who adjusts from a K1 will have an AOS interview, so it might not even be an issue for you. Phuong and I did get selected for an interview, as well as her kids, but it was pretty smooth. We didn't have any joint bills. The home is in my name, but since the mortgage is under water there was no way I was adding my wife to it. I did add her to my medical insurance, made her beneficiary of my life insurance, and opened a joint bank account with her. I brought letters she'd received at our address, bank statements from the joint account, a life insurance statement, and medical insurance EOB's. They didn't actually ask for any of this stuff at the interview. They wanted to see their birth certificates and passports, asked them the checklist questions from the I-485, asked them about work and school, etc. At the end of the interview the IO said "Do you have anything else you want to give me?" I handed her all of the other papers I'd brought. She asked if she could keep them - I said yes - and she put them in the file. She didn't even look at any of it.

Most K1 interviewees are not scrutinized very closely at the AOS interview.

[missicy 87]

Do you think it's even necessary to put the So's name on the lease if I have other joint proof as mentioned above?

For missicy, was it a new security deposit on top of the one your So had to pay in the beginning? Was it a lot, such 1.5x rent?

I think that if you have enough other proof then it won't be an issue if they are not on your lease. But you never know what the IO might ask to see (if you get an interview). Some have been asked for a lot of proof while others didn't have to show any. We didn't put my name on the lease just to have proof of joint residency for AOS, but also for our own peace of mind, to make sure that the property manager knew I lived in the apartment and we didn't break the terms of the lease. It wasn't too much trouble for us (apart from another deposit and adding my name to renter's insurance) so we figured why not.

Yes, it was a new security deposit, on top of the one my husband paid when he moved it. It was $577 which was a little less than half of a rent but I think different properties might have different rules so it's best you ask them.