Name not on house deed

[markc4444 0]

Hi everyone,

We just stated our removal of conditions and as all the other steps this is a bit never racking. I am curious as to if anyone has not gotten an RFE for not having there spouses name on the house deed. I own the house we live in and paid it off before Natasha moved here and we got married. At this point we are ok with not having her name on the house. We have other evidence that I think is fairly strong such as

tax transcripts from last year and will get this year as soon as the IRS put the refund in our account with both our names on them

both names on utility bills for about the last five months

credit card statements with both our names on it and active since she arrived and the application we submitted to put her on the account

credit card and and and debit cards with both our names on them

bank account that just shows my name on it but have requested a verification of deposit to show it is in both our names

a second bank account we had to open to get a swift code to receive and send cash from her family that shows no activity as of yet

insurance with her name on it separate from mine as it was to expensive through my company but credit card statements showing it is paid for out of our bank account

Aflac insurance that I have for her through my work as well

Life insurance policy in her name with the letter stating she has been added as beneficiary and a current credit card statement showing it is active

a state id to send in with my drivers license as she does not drive

Christmas, birthday and anniversary cards to us and to each other with envelopes even though some envelopes just say to Mr and Mrs. Mark Cash

Bush Gardens passes together

Concert tickets together

a confirmation for a hotel reservation with both our names, we don't travel much and did not know at the time to keep the receipts for our honeymoon hotel

pictures from various locations together, all with just us except this Christmas including my mother as well.

I am not really sure if it is enough to get get approval to remove her conditions with what we have and would love some feedback as to what has happened to others who maybe did not have there spouse on any home documents. We really don't want to add her at this time but will do it if it seems it is the only way to win approval. Thank ya'll for any help to make this process be as easy as possible, just can't wait till its over and make it all go away.

Mark and Natasha

[SAT 9,609]

I think that's plenty of documentation. We didn't even have that much.

[VanessaTony 3,567]

I'm not on the deed and we bought it AFTER I got here and were married. It's not a big deal.

[EL & LEE 0]

You have plenty, my husbands name is not on the deed either and we did not have a problem when we did his removal.

[immibie 23]

Try looking into "Quit Claim Deed" that you quit claim your home to your spouse in case something happens to you. I didn't send in mortgage either because her name is not on the loan, but I did that quit claim deed and send it with I751, so far no news yet, so I cannot really say for sure.

[markiweiss49 4]

don't forget front and back of greencard. get a copy of front and back of greencard.

[markc4444 0]

Thanks for all the reply's, they make us feel a bit better. You just see so many people that seem to have the same things that we have and then they get the RFE. So we will just go forward without putting her name on it and if they ask we will add her to it later. Immibie, I am curious. I understand that you use the quick claim deed to add someone to your deed, are you saying that you submitted one with your packet but did not really try to add her to the deed records. And thank you markiweiss, we do have the greencard, I just did not put that down as it was not evidence I was really submitting, just the general required stuff . Thanks all for the help

[aaron2020 11,651]

There is no requirement that you must gift half your separate property to your wife to get the ROC. We do not have legal dowery in the US.

You do not need to add your wife to the deed to your house to get the ROC.

If you put her on the deed, she will be entitled to half your house if you ever get a divorce.

Put your wife on the deed only if you want to permanently and irrevocably gift half your house to your wife.

[aaron2020 11,651]

Try looking into "Quit Claim Deed" that you quit claim your home to your spouse in case something happens to you. I didn't send in mortgage either because her name is not on the loan, but I did that quit claim deed and send it with I751, so far no news yet, so I cannot really say for sure.

You do not need to file a quit claim deed for it to be valid. It valid as soon as it is signed.

If you ever divorce, your wife will get your house. You have already given it to her by signing the quit claim deed.

Property transfers are not something one should do without consulting a lawyer. There are unintended consequences when you don't understand the full legal ramifications of signing a deed.

[immibie 23]

Thanks for all the reply's, they make us feel a bit better. You just see so many people that seem to have the same things that we have and then they get the RFE. So we will just go forward without putting her name on it and if they ask we will add her to it later. Immibie, I am curious. I understand that you use the quick claim deed to add someone to your deed, are you saying that you submitted one with your packet but did not really try to add her to the deed records. And thank you markiweiss, we do have the greencard, I just did not put that down as it was not evidence I was really submitting, just the general required stuff . Thanks all for the help

Your best bet is to call up your title company and inquire about "Quit Claim Deed" not quick, it's Quit. They should be able to explain to you more.

My wife is still not on the deed because she's not on the loan when I bought it. The quit claim deed is like a "foot note" to the deed per say. It's basically read something like this, I,blah blah sole and separate owner of the house now forever quit claim to my wife blah blah as husband and wife...... you are not putting her on the deed, you just "quit claim" that to her and yourself (make sure it's you and her on that). When you sell the house, both parties signature are required.

If you live in a community property state, regardless you quit claim or not, she's automatically entitled to half of the house. But if you want to show USCIS something about your house, this quit claim deed only takes about 15 minutes and costs only 14$ in my case. It's always good to go extra miles to ensure your wife gets the house anyway for only that price to save her from some legal battles in case you are not around if you two are in good relationship. I trust my wife and tha'ts why I did it, and my state is community property state anyway.

In short, so if you are not living in community property state, and there's a chance divorce might happen (worse case), then don't do it because you might get a headache later on with legal battles. Again, call up the title company and ask them about this.

I don't know what happens to my I751 case yet. But that's what I send. a recorded quit claim deed in the packet.

Edited February 3, 2013 by immibie

[aaron2020 11,651]

Your best bet is to call up your title company and inquire about "Quit Claim Deed" not quick, it's Quit. They should be able to explain to you more.

My wife is still not on the deed because she's not on the loan when I bought it. The quit claim deed is like a "foot note" to the deed per say. It's basically read something like this, I,blah blah sole and separate owner of the house now forever quit claim to my wife blah blah as husband and wife...... you are not putting her on the deed, you just "quit claim" that to her and yourself (make sure it's you and her on that). When you sell the house, both parties signature are required.

If you live in a community property state, regardless you quit claim or not, she's automatically entitled to half of the house. But if you want to show USCIS something about your house, this quit claim deed only takes about 15 minutes and costs only 14$ in my case. It's always good to go extra miles to ensure your wife gets the house anyway for only that price to save her from some legal battles in case you are not around if you two are in good relationship. I trust my wife and tha'ts why I did it, and my state is community property state anyway.

In short, so if you are not living in community property state, and there's a chance divorce might happen (worse case), then don't do it because you might get a headache later on with legal battles. Again, call up the title company and ask them about this.

I don't know what happens to my I751 case yet. But that's what I send. a recorded quit claim deed in the packet.

You may want to consult an attorney.

A quit claim deed is not what you think. I have clients used quit claim deeds to transfer property all the time. One uses a quit claim deed to . . . Quit one's claim of property to another. That's a transfer of property rights.

http://en.m.wikipedia.org/wiki/Quitclaim_deed

Furthermore separate property does not become community property as you stated. Marriage in a CP states does not alter the spouses' respective separate property. Separete property obtained before marriage remains separate property in CP states.

I am not trying to start any fight with you. I am warning you that you really have given your house to your spouse with the quit claim deed.

The $14 quit claim deed will cause you to lose half your house if your wife presses the issue. If you ever get a divorce, your wife's lawyer will assert her claim to your house as half hers because you quit your claim to the property to her and yourself.

You did indeed transfer half your separate property to your wife with the quit claim deed.

A quit claim deed is not a "footnote." It's a deed to transfer property rights.

Edited February 3, 2013 by aaron2020

[markc4444 0]

Thanks for taking the time to answer me. I am beginning to think we might have enough evidence with what we have now and appreciate ya'lls input on that. We will go ahead and file with what we have now when it is time. Just trying to get all our ducks in a row so we are ready when the date comes this month.

[And_Sam 44]

You may want to consult an attorney.

A quit claim deed is not what you think. I have clients used quit claim deeds to transfer property all the time. One uses a quit claim deed to . . . Quit one's claim of property to another. That's a transfer of property rights.

http://en.m.wikipedi.../Quitclaim_deed

Furthermore separate property does not become community property as you stated. Marriage in a CP states does not alter the spouses' respective separate property. Separete property obtained before marriage remains separate property in CP states.

I am not trying to start any fight with you. I am warning you that you really have given your house to your spouse with the quit claim deed.

The $14 quit claim deed will cause you to lose half your house if your wife presses the issue. If you ever get a divorce, your wife's lawyer will assert her claim to your house as half hers because you quit your claim to the property to her and yourself.

You did indeed transfer half your separate property to your wife with the quit claim deed.

A quit claim deed is not a "footnote." It's a deed to transfer property rights.

Thanks for the information. One more question though, even if the quitclaim deed has been signed but not recorded at the clerk of courts, it is still considered valid? Only because of me trying to get my husband on the deed of my house, the person at the clerk of courts told me that it would cost over $300 to get it recorded because of having a mortgage on the house. I told the person that there wasn't any money exchanged, and he wouldn't be liable for the mortgage, that was still in my name. The clerk said that we had to pay something like a mortgage stamp(?). I'm not sure what it was called.

After filing 1 year ago for ROC and a RFE answered in Nov'12, we now have an interview at our local USCIS office. I'm trying to get all of our stuff together and since my house and all utilities have been established, I'm trying to help prove we have the same residency. Even though we have all our mail, account, insurances, you name it with the same address, it didn't seem to satisfy VSC.

[aaron2020 11,651]

Thanks for the information. One more question though, even if the quitclaim deed has been signed but not recorded at the clerk of courts, it is still considered valid? Only because of me trying to get my husband on the deed of my house, the person at the clerk of courts told me that it would cost over $300 to get it recorded because of having a mortgage on the house. I told the person that there wasn't any money exchanged, and he wouldn't be liable for the mortgage, that was still in my name. The clerk said that we had to pay something like a mortgage stamp(?). I'm not sure what it was called.

After filing 1 year ago for ROC and a RFE answered in Nov'12, we now have an interview at our local USCIS office. I'm trying to get all of our stuff together and since my house and all utilities have been established, I'm trying to help prove we have the same residency. Even though we have all our mail, account, insurances, you name it with the same address, it didn't seem to satisfy VSC.

An unrecorded deed is valid between the parties but not against others.

For examples; John executes a deed giving the house to Mary. As between the parties, the transfer to Mary is valid. Mary should record the deed to protect herself. If she does not record the deed and John's creditor sues him, they can come after the house because recorded records shows John own the house. Since Mary failed to record the deed, she did not put the world on notice that she owns the house, so too bad too sad when John's creditors gets the house based on the recorded deed showin John is the owner.

Recording laws are different across the US. You need to follow local procedures.

[Navyk 78]

Hi everyone,

We just stated our removal of conditions and as all the other steps this is a bit never racking. I am curious as to if anyone has not gotten an RFE for not having there spouses name on the house deed. I own the house we live in and paid it off before Natasha moved here and we got married. At this point we are ok with not having her name on the house. We have other evidence that I think is fairly strong such as

tax transcripts from last year and will get this year as soon as the IRS put the refund in our account with both our names on them

both names on utility bills for about the last five months

credit card statements with both our names on it and active since she arrived and the application we submitted to put her on the account

credit card and and and debit cards with both our names on them

bank account that just shows my name on it but have requested a verification of deposit to show it is in both our names

a second bank account we had to open to get a swift code to receive and send cash from her family that shows no activity as of yet

insurance with her name on it separate from mine as it was to expensive through my company but credit card statements showing it is paid for out of our bank account

Aflac insurance that I have for her through my work as well

Life insurance policy in her name with the letter stating she has been added as beneficiary and a current credit card statement showing it is active

a state id to send in with my drivers license as she does not drive

Christmas, birthday and anniversary cards to us and to each other with envelopes even though some envelopes just say to Mr and Mrs. Mark Cash

Bush Gardens passes together

Concert tickets together

a confirmation for a hotel reservation with both our names, we don't travel much and did not know at the time to keep the receipts for our honeymoon hotel

pictures from various locations together, all with just us except this Christmas including my mother as well.

I am not really sure if it is enough to get get approval to remove her conditions with what we have and would love some feedback as to what has happened to others who maybe did not have there spouse on any home documents. We really don't want to add her at this time but will do it if it seems it is the only way to win approval. Thank ya'll for any help to make this process be as easy as possible, just can't wait till its over and make it all go away.

Mark and Natasha

If you have other evidences, this is no big deal.