Removing Conditions

[Spiffdandy 0]

Since we have recently been approved for my wifes 10 year green card, I just wanted to share some information that might help someone. On submitting proof of relationship, we basically had everything asked for EXCEPT joint ownership of my house. That is because after my divorce I had a dispute with my lawyer and refused to pay a portion of the charges, resulting in a change in my credit rating. In talking to the bank I would have had to reapply for a loan on the house in both our names with a new loan. My banker advised I would most likely not be approved. I did inform my bank manager of our situation and asked he be available with an explanation if needed. On our 2 year green card we were interviewed and didnt have alot of things as joint, so that along with the fact that my wife was not on the house deed, I was sure that was going to get us an RFE or interview. We were approved without an interview, much to our joy. All of the other forms of evidence were provided, including lots of pictures of us comingling with each others family and the many vacations we have taken since she was here. A nice letter from my boss and also one from my sister, and 3 more from friends. I just wanted people to know that we did get approved even without that huge piece of evidence, however we did have plenty of evidence in other areas.

Good luck to all

[Tintin and Mike 127]

Awesome, congrats!! :thumbs:

[Audy_Rob 26]

That is good to hear. I am also wondering about that because I did submit a very full and complete package I have not added my wife to the title. I just never got around to it. I understand I can file some kind of "quit deed" to add her or I can refinance with her name.

The other thing I am worried about is I only had tax transcripts for 2010 (the year we married) and 2011. My 2012 taxes still aren't finished so I can't get a tax transcript. I am planning to order a tax transcript after I file them to have on hand in case of an RFE.

Good luck.

[Dave&Roza 748]

That is good to hear. I am also wondering about that because I did submit a very full and complete package I have not added my wife to the title. I just never got around to it. I understand I can file some kind of "quit deed" to add her or I can refinance with her name.

The other thing I am worried about is I only had tax transcripts for 2010 (the year we married) and 2011. My 2012 taxes still aren't finished so I can't get a tax transcript. I am planning to order a tax transcript after I file them to have on hand in case of an RFE.

Good luck.

As an FYI a Quit Claim Deed means you give up your claim to the property and pass it along to someone else--i.e. Trust, relative, complete stranger. A Warranty Deed is a deed that you use to change ownership of said property--i.e. you give 50% of your claim to your spouse for the consideration of $10 and now she owns it in joiint tennancy (I would not recomment that) or Tennents in Common (a better choice as it does not have to go thru probate like joint tennancy does). Then you both complete a Quit Claim Deed to transfer your share of the property to the other and that is filed upon the death of the other spouse. that way the other spouse now owns 100% of the property and no court judjement is needed. I am not a lawyer, but I have dealt with my parent's estates where they set up Trusts to pass the assets to us kids.

I do not belive the USCIS can deny your claim just because the house is not in both names as there are good reasons for it to remain in the USC's name or it will cost you a lot of money in interest just to make them happy. Our house is not yet in my wife's name, but it will be soon. I am not rushing to do this just to satisfy the USCIS for ROC. If asked why the house is not in her name, I will tell them that I do not like to give banks any more money than I have to.

Good luck,

Dave

Edited March 24, 2013 by Dave&Roza

[Nich-Nick 3,354]

As an FYI a Quit Claim Deed means you give up your claim to the property and pass it along to someone else--i.e. Trust, relative, complete stranger. A Warranty Deed is a deed that you use to change ownership of said property--i.e. you give 50% of your claim to your spouse for the consideration of $10 and now she owns it in joiint tennancy (I would not recomment that) or Tennents in Common (a better choice as it does not have to go thru probate like joint tennancy does). Then you both complete a Quit Claim Deed to transfer your share of the property to the other and that is filed upon the death of the other spouse. that way the other spouse now owns 100% of the property and no court judjement is needed. I am not a lawyer, but I have dealt with my parent's estates where they set up Trusts to pass the assets to us kids.

I do not belive the USCIS can deny your claim just because the house is not in both names as there are good reasons for it to remain in the USC's name or it will cost you a lot of money in interest just to make them happy. Our house is not yet in my wife's name, but it will be soon. I am not rushing to do this just to satisfy the USCIS for ROC. If asked why the house is not in her name, I will tell them that I do not like to give banks any more money than I have to.

Good luck,

Dave

Thanks for the legal explanation. I never added my husband to the deed and we had no RFE or interview for ROC. I would still like to add him and have made inquiries via email to several lawyers who never responded. I asked at the courthouse and went to the law library to look for forms, but ran out of time on my jury duty lunch break. This reminds me to try again.

I got a little lost on the Quit Claim deeds. Are you saying both complete one....sign/date/witness...but hold it unfiled? And it's still valid to be filed after death?

[VanessaTony 3,567]

House title is not a big deal.

What other evidence did you have? You said "plenty of evidence in other areas" so it would be helpful for you to list what.

[david'sgirl 134]

Congratulations.

We tried to add my husband when we refinanced but as he had no credit history back then we were denied. I added him to the deed by filing a quit claim. We also filed a Homestead as well to protect the property.

[Tahoma 2,292]

I didn't transfer any ownership in my house to my wife, Chinook. We didn't have any problems with AOS or ROC.

[VanessaTony 3,567]

We bought "our" house while married. I am not on the mortgage or the deed (due to VA restrictions apparently). It was never a problem at any stage of any of my processes. We also don't have a Will or POA, or Quit Claim or anything about the house in my name. The only thing with my name on it is on the extract there's a copy of the POA letting Tony sign something (still have no idea what) for me because I was in Australia at the time we closed (my dad wasn't well).

[Dave&Roza 748]

Thanks for the legal explanation. I never added my husband to the deed and we had no RFE or interview for ROC. I would still like to add him and have made inquiries via email to several lawyers who never responded. I asked at the courthouse and went to the law library to look for forms, but ran out of time on my jury duty lunch break. This reminds me to try again.

I got a little lost on the Quit Claim deeds. Are you saying both complete one....sign/date/witness...but hold it unfiled? And it's still valid to be filed after death?

Yes, both complete the Quit Claim Deeds and store them away after having them signed and notorized. Upon death the surviving spouse files the Quit Claim Deed in the county where the property is located. My Mother and Father's Quit Claim Deeds were dated in 1992 and I filed my Dad's in 2006 for my Mother and I filed hers in 2011. Both Quit Claim Deeds transfered ownership of the property from the individual to their Trusts and then the trustee, me, could then place them into an LLC as they are now rental properties for us kids. To move them from the Trust to the LLC required something that the lawyer completed and I signed. I do not belive it was a Warranty Deed, but something else. This whole process avoided having to go thru probate which is costly and time consuming. You also find that people do not know what they are talking about just like when dealing with the USCIS .

Dave

[Spiffdandy 0]

House title is not a big deal.

What other evidence did you have? You said "plenty of evidence in other areas" so it would be helpful for you to list what.

In addition to what I mentioned previously, we had joint tax returns for the past 3 years. We had a letter from the credit union we belong to stating that my wife was on the joint account (the billing only goes in the primary's name per their rules). Same thing with credit cards, letter from credit union stating she is an authorized card user on my cards. We had insurance billing statements originals in both our names showing she is also a responsible party on the policy. Utility statements in both our names. Truck title in both our names. We did not submit the will that we had done, but we were prepared to if interviewed, stating basically upon my death she receives all assets and is the executor of my estate.

[VanessaTony 3,567]

In addition to what I mentioned previously, we had joint tax returns for the past 3 years. We had a letter from the credit union we belong to stating that my wife was on the joint account (the billing only goes in the primary's name per their rules). Same thing with credit cards, letter from credit union stating she is an authorized card user on my cards. We had insurance billing statements originals in both our names showing she is also a responsible party on the policy. Utility statements in both our names. Truck title in both our names. We did not submit the will that we had done, but we were prepared to if interviewed, stating basically upon my death she receives all assets and is the executor of my estate.

Yep all that banking stuff was the best stuff. As well as... well all of it! You did good!

[bairesgirl 2]

My hubby and I have an appointment with our lawyer tomorrow because my conditional green card expires on July 27th so we have to file for the conditions to be removed before then.

I printed the forms and examples of the affidavit letters from friends or family saying they know about our relationship etc etc ( let s say I did my homework to be more prepared for what the lawyer is gonna tell us what the steps to follow are.

Wish me luck everyone!! I really hope everything goes well, I don t wanna leave this beautiful country

PS: A friend is going through the same process and she says she received the letter saying they were extending her legal status for one more year but I don t think she has received the new green card yet, does it take so long usually??

I was surprised when she told me because I remember I got a text notification saying my interview went well that same day and got my first green card on the mail like a week later..

Guess it takes much longer for the final green card.. I just wanna get over with it, papers and interviews stress me! lol

[Audy_Rob 26]

Wow, what a mess that post of mine started. In California we just call the whole process as it varies from state to state, filing a Quit Claim Deed.

I am not saying they will deny because of that but I am thinking it could be a red flag for an RFE especially with only the two years of tax transcripts. Since I eFiled last night I will wait one or two months and get the 2012 tax transcript to have in case of an RFE for that. I have seen postings about this.

Good Luck.

[Audy_Rob 26]

Here is an outline of the complete process in California.

"Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. The quitclaim deed is a new deed that legally overrides the deed currently in effect. By filing the quitclaim deed, you can add someone to the title of your deed, in effect transferring a share of ownership over the property with the added individual."

In California the legal documents have different application. It seems a quitclaim deed is all that is required and the quitclaim deed needs to be filed after being notarized.