Problems renting an apartment

[frombrazil 6]

Ok, I'll set my frustration aside and go straight to the point. Here in Texas, leasing companies and apartment complexes use this form called "Supplemental Rental Application for Non U.S. Citizens." this form provides you the chance of explaining your status and attaching a document as evidence of such status. Here is an example:

http://www.elektrainvestments.com/resources/Application/Supplemental%20Rental%20Application%20for%20Non-U.S.%20Citizens.pdf

I have sent my I-485 and have already gotten the electronic confirmation therefore have my case number. As you can see, the form has space for me to fill out as an AOS applicant.

I came here on a K1 visa and me and my wife are looking forward to rent our own place Edith bote our names on the lease. The thing is, this apartment complex we chose has decided to use that application above on me (I am not sure if that's lawful). They don't understand a single thing and said that unless I present my green card I can't rent an apartment. It's plain dumb because the form they asked for me to fill out itself provides a space for me to rent an apartment as an applicant of AOS. I have sent them everything including the memorandum from 2009 saying that I am lawfully present in America (I am waiting for the noa1 letter for the AOS from k1 visa) and pointing out section (b)(3)(A) that says I am lawfully present. They, on the other hand, decided to say that:

"After careful review of the packets you e-mailed me, we will

still need the visa updated or your green card. We are not allowed to have

the visa expire within your lease term, so as soon as you get the green card please send me a clear copy."

"Unfortunately we are not allowed to take the paperwork stating that you have

applied. On the paperwork you sent over to me if you look at the News letter

I485 second page first paragraph it states applying for AOS doesn't make the

applicant stay any more "legal " than would be the case if the applicant

simply allowed his or her I-94 to expire."9

Me and my wife are done with this apartment complex but we don't wanna run into the same problem again. Any suggestion on my rights?! Anything USCIS can do for me?

We really need to rent an apartment and I wouldn't like to show up at an AOS interview and being questioned about why my name is not on the lease when both me and my wife have the same address.

Please, any help is highly appreciated. Thank you very much for your patience and time. Have a safe and smooth journey everyone!

Edited July 26, 2012 by Matt and Jess

[Xanax 349]

I would have your wife rent it in her name firstly and carry these rejection letters with you to your interview. Try to get other things in your joint names, we have our cable, medical, our puppy, I am a beneficiary of his life insurance, his emergency contact, a secondary person on the car loan.

Sometimes it just is not possible to get things without a GC due to companies internal policies, their ignorance or both.

[frombrazil 6]

It's a good idea to carry these rejections around! Thank you. It does not solve the problem though.

On one the emails she told me that it's simple and I'd only to present the green card I said I'd have by the end of the week (I never said that). This is how clueless they are, imagine AOS taking just one week...

[VanessaTony 3,567]

It's a good idea to carry these rejections around! Thank you. It does not solve the problem though.

On one the emails she told me that it's simple and I'd only to present the green card I said I'd have by the end of the week (I never said that). This is how clueless they are, imagine AOS taking just one week...

It's not a problem to not have a lease in joint names. Sure it'd be great but it's not a problem. They are right that you are not "legal" simply by filing AOS, but neither are you "illegal". You are "in a period of authorized stay". You could be denied AOS and that is what they're concerned about so I would just not rent there.

Again, having a lease only in one name isn't a problem. When you get your EAD you can apply for state ID or a licence and that will show your address.

My husband and I purchased a house after marriage and I am not on the title due to my lack of credit history. It is not the end of the world when you have other evidence.

[JohnR! 5,495]

It's a good idea to carry these rejections around! Thank you. It does not solve the problem though.

On one the emails she told me that it's simple and I'd only to present the green card I said I'd have by the end of the week (I never said that). This is how clueless they are, imagine AOS taking just one week...

V&T is right. Not being on the rent agreement is not only not an issue and keeping the rejection letters will show evidence of the laws in your State.

What is important is that you show joint bank accounts, utility bills, car insurance, etc.

Good luck!

[frombrazil 6]

For now we are going to try to list me as an occupant. I hope that doesn't create problems as well. Does anyone know how legal this is? I don't believe they have the right of requesting visas. I thought only special personnel was authorized to do so.

[Dave&Roza 748]

It's a good idea to carry these rejections around! Thank you. It does not solve the problem though.

On one the emails she told me that it's simple and I'd only to present the green card I said I'd have by the end of the week (I never said that). This is how clueless they are, imagine AOS taking just one week...

Problem?! What Problem? You do not have one piece of evidence that your marriage is bonafide? So What? I know it is a royal PITA when dealing with companies that have a form but the people looking at it do not understand what is required in order to fill out the form. The K-1 visa expired when you used it to enter the US. Once you got married within the 90 days the I-94 expiration date is basically unimportant (yes, you are out of status once the I-94 expires, but you have no time limit to file the AOS). Once you file for AOS you are in a period of authorized stay, but you are not a LPR yet. Only when you receive the GC are you a LPR and by the sound of it if you lease an apartment from this company you could run into problems should your lease go beyond the expiration date of the 2 year GC. Rent the apartment in your wife's name only.

For our AOS we had the marriage certificate, a car title, my wife on my employer's benefits listed as beneficiary, and a jointly filed tax return. She was not on the apartment lease, nor was/is she on any utility bills. The IO was more concerned about the medical and affadavit of support and if her information was correct on the applicaton.

The USCIS realizes you are recently married and will have not been able to combine two seperate lives especially if you get married early in the 90 day period and file for AOS right after. We did not even have a joint bank account until after the interview for AOS. My feeling is that I am going to live my life the way I see fit, document what I can and hope the USCIS sees our marriage for what it is--two people struggling to make a life together with all the ups and downs associated with that with the added complication of the cultural differences.

Relax and find an apartment and put your wife on the lease. I would keep the rejection letters as documentation for the AOS file.

Good luck,

Dave

[JohnR! 5,495]

For now we are going to try to list me as an occupant. I hope that doesn't create problems as well. Does anyone know how legal this is? I don't believe they have the right of requesting visas. I thought only special personnel was authorized to do so.

You should be able to be listed as an occupant, although I don't think she has to disclose anything to that effect.

They do have the right to verify your immigration status if you are the renter and the only reason they do it is to guarantee they would have any sort of legal recourse if you were to default on your rent.

[frombrazil 6]

We'll D&R, the problem is that we need a place to live. I've already sent my AOS application as stated on my post. Thanks for the reply, if necessary I'll present the rejection letters at the AOS interview (if I have one).

I will look for more apartments today and check what they need for me, I hope I can find something and just be listed as an occupant and not have any problem with that. I have to tell the place that I'm not American and I guess different places would go differently about that.

[JohnR! 5,495]

We'll D&R, the problem is that we need a place to live. I've already sent my AOS application as stated on my post. Thanks for the reply, if necessary I'll present the rejection letters at the AOS interview (if I have one).

I will look for more apartments today and check what they need for me, I hope I can find something and just be listed as an occupant and not have any problem with that. I have to tell the place that I'm not American and I guess different places would go differently about that.

It varies from state to state, but in principle you should not need to disclose information about your nationality. As an occupant, your nationality is none of their business and discriminating against someone on that basis is illegal.

[frombrazil 6]

That makes sense. I talked to my father in law who works in the real state business and he told me that this varies from property to property. I will try to look more into that and see what I can get.

[JohnR! 5,495]

That makes sense. I talked to my father in law who works in the real state business and he told me that this varies from property to property. I will try to look more into that and see what I can get.

Just take it easy and don't panic. Keep in mind that these companies are desperate to get renters, so market forces are in your favor.

[cartaverde 12]

It's not the only rental company or rental place in Texas.

When my husband returned here from Ireland (the USC), we had both applied to rent a place. Due to USCIS misinformation I got stuck in Europe for nearly 3 years, in which time my husband was not actually allowed to move in the place we rented before they got my signatures in the rental contract each year. So not only did I not have a green card yet, but I was also unable to enter US without a visa (and even with that, they could have decided to not let me in). So by the time I was actually able to see the apartment, I had been renting it for nearly 3 years already.

But if you stay in the place you mentioned, definitely bring the refusal letters to your interview and get everything else in the names of both of you.

[DandT14 272]

I know a little bit about this subject, but I'm not in Texas.

I know for sure that any subsidized housing is required to check immigration status because non-legal residents are not allowed to receive that benefit. And AOS applicants are counted as non-legal for these purposes.

It would also be surprised if your wife is allowed to rent an apartment in her name only and have someone who's not on the lease move in. But, it is possible that the property management would allow it. And lots of people just let people move in and never tell the property manager, though it's a lease violation.

[JoannaV 174]

I had almost the opposite problem. I happened to be visiting with my husband when he rented an apartment and the company put me on the lease without our asking. So I was a little worried USCIS would think I'd been living in the US before I was supposed to.

You should be able to get into a place as an occupant easily enough. Just don't volunteer any information unless they ask for it.