buying a house as a conditional resident

[EasternDE 35]

My husband's conditional green card will be up in January 2014. We currently are in the market to buy a house. His parents have graciously offered to give us a large chuck of money towards the house but insist the house can only be in my husband's name. I'm not comfortable with this, especially so close to permanent residency eligibility. Would this be a red flag to immigration? We have joint bank accounts, investments, cars, and an apartment lease in our name.

I would ask other Japanese people.

For example, in France, it's common to marry under "separate assets" marriage contract.

When you get married at the city hall, you check the option you want. It doesn't require an attorney or a special marriage contract, it's just a simple choice.

It's very common for a french couple to NOT share any financial aspect of their life.

I know it sounds weird for american people, but this is really something that can be different in other countries.

So again, you really need to ask someone from Japan.

It also depends on the amount of the "large chuck"....

[del-2-5-2014 1,339]

My husband's conditional green card will be up in January 2014. We currently are in the market to buy a house. His parents have graciously offered to give us a large chuck of money towards the house but insist the house can only be in my husband's name. I'm not comfortable with this, especially so close to permanent residency eligibility. Would this be a red flag to immigration? We have joint bank accounts, investments, cars, and an apartment lease in our name.

Your Husband has astute Parents and I salute them.

I can see that they acquired their wealth by being reasonable and prudent. I wish I could shake their hands.

You can always tell them thanks but no thanks and that you and your Husband will buy a 1 bedroom studio to start out with on your own.

[fantonledzepp 159]

Are you worried that he'll want to divorce you after they he gets the permanent residency? If that's the case, he can do that now, and remove conditions on his own. And if his parents want to buy him a house, so that you both can live in it, what's the problem?

He can always say "No, thanks" to his parents.

[churawan 14]

Again!!! without her, theres no him to get money from them to get a house to begin with.He should tell his parents " No, we are a family , its our house" instead he prefers it in his name. Its ok, anything accrued in a marriage singularly or plurally, IS JOINT PROPERTY AND THAT SALL I HAVE TO SAY ON THAT.

My thoughts exactly, his parents may wish to protect there investment, however it would be a 50-50 split if acquired during there marriage... Red flag possible, easy to speak about at an interview with cultural differences and such... I did the exact opposite, owned my home outright and added Pla to my deed to ensure no issues for us with joint everything.... Be ready for some explaining if they wonder about it....

[ppihtr123 68]

My husband's conditional green card will be up in January 2014. We currently are in the market to buy a house. His parents have graciously offered to give us a large chuck of money towards the house but insist the house can only be in my husband's name. I'm not comfortable with this, especially so close to permanent residency eligibility. Would this be a red flag to immigration? We have joint bank accounts, investments, cars, and an apartment lease in our name.

Do you work? Does he work? Are you using your income to help qualify for the house loan? If you are joint applicant on the loan, you will be on the deed. End of story.

[merc0230 28]

My husband's conditional green card will be up in January 2014. We currently are in the market to buy a house. His parents have graciously offered to give us a large chuck of money towards the house but insist the house can only be in my husband's name. I'm not comfortable with this, especially so close to permanent residency eligibility. Would this be a red flag to immigration? We have joint bank accounts, investments, cars, and an apartment lease in our name.

Something else to consider, depending on where you live. For example, here in Florida I'm (USC) going to be on the loan (aka mortgage), since I make the money but my wife will be on the title (Florida law as we are married).

[Mr&Mrs.Boo 5]

If the house is mostly paid by his parents, then I find it normal for it to be in his name. In case of a divorce, why should someone who has not contributed much to a very large purchase walk away with half of it?

No ,i m in the same situation here and my parents are giving me some money for a house ,but i will never buy a house in my name when you are married everything should be in both names,She loved him to bring him here,get him a new life is time for him to give back.I m sorry but some ppl are still thinking old fashion ...And is a hugeeeee red flag.

[del-2-5-2014 1,339]

My thoughts exactly, his parents may wish to protect there investment, however it would be a 50-50 split if acquired during there marriage... Red flag possible, easy to speak about at an interview with cultural differences and such... I did the exact opposite, owned my home outright and added Pla to my deed to ensure no issues for us with joint everything.... Be ready for some explaining if they wonder about it....

A split and not always 50/50 but in any case would be after any "loan" is satisfied.

[bigdog 376]

Maybe talk to your relator or a attorney on how to protect the parents assets and satisfy everyone. My wife and I both own our separate homes, but have lots of other commingled assets etc. i did make a not of it in our cover letter and Index.

[VanessaTony 3,567]

Joint bank accounts won't stand alone, it needs a mortgage/lease or major purchases (like car) as a support evidence showing both husband and wife's names. Utility bills and like you've said "a bunch of other stuff" are just secondary evidences.

I've been there done that.

bullsh*t. Utter bullsh*t. I've "been there done that" AND "our" house is solely in my husbands name, purchased while we were married and during AOS. It has NEVER EVER been a problem. We also DID NOT buy a car and no other "major purchases". We were approved without RFE or interview for both AOS and ROC. My K1 didn't need evidence either. My N-400 has been sent and I am now in-line for interview.

Utility bills etc are NOT secondary evidence. They are evidence of joint liability.

Please stop spreading lies and unnecessarily freaking people out!

No ,i m in the same situation here and my parents are giving me some money for a house ,but i will never buy a house in my name when you are married everything should be in both names,She loved him to bring him here,get him a new life is time for him to give back.I m sorry but some ppl are still thinking old fashion ...And is a hugeeeee red flag.

In terms of immigration, wrong.

Edited June 3, 2013 by Vanessa&Tony

[JohnR! 5,495]

My husband's conditional green card will be up in January 2014. We currently are in the market to buy a house. His parents have graciously offered to give us a large chuck of money towards the house but insist the house can only be in my husband's name. I'm not comfortable with this, especially so close to permanent residency eligibility. Would this be a red flag to immigration? We have joint bank accounts, investments, cars, and an apartment lease in our name.

So long as you can explain to the USCIS, rationally, why the house is in his name only it will not be a red flag. Each case is unique and there are many other factors to be considered.

What in my opinion, is a bigger red flag, albeit unrelated to his immigration status, is the fact that your in-laws should desire to control your marriage. That your husband would entertain that notion counts as a red flag in my book. It is my personal opinion that one should never give money with strings attached, except in business transactions. You should either trust the recipient to put the money to good use or not give out the money at all in the first place. Again, IMHO, you would be better off saving the money for a down payment yourselves and entering a mortgage together.

Good luck!

Edited June 3, 2013 by Gegel

[VanessaTony 3,567]

THATS A HUGEEEEEEEE RED FLAG.Can you believe the audacity of these people???????? GIRLFRIEND!!! house on your name as well or a BIGGGGGGG, " IM SORRY BOO, NO CAN DO" Dont let your heart rule your head.The nerve

In terms of immigration, wrong. In terms of relationship, maybe. It could be his parents protecting his inheritance money. However buying in solely his name doesn't necessarily protect the asset anyway.

[Peter_Pan 661]

No ,i m in the same situation here and my parents are giving me some money for a house ,but i will never buy a house in my name when you are married everything should be in both names,She loved him to bring him here,get him a new life is time for him to give back.I m sorry but some ppl are still thinking old fashion ...And is a hugeeeee red flag.

Everythink you both work for, yes. Something that someone else paid for, no. That's why inherited money belong only to the person that inherits them, not to the spouse as well.

[JohnR! 5,495]

Everythink you both work for, yes. Something that someone else paid for, no. That's why inherited money belong only to the person that inherits them, not to the spouse as well.

However, the issue at hand is not to whom the money belongs, so much as the house being in the name of both. Isn't that what the 'for richer or poorer' part of the vows are meant to convey?

IMHO it is one of those situations in that it is not for the spouse to take, so much as the recipient's to give.

Edited June 3, 2013 by Gegel

[VanessaTony 3,567]

So long as you can explain to the USCIS, rationally, why the house is in his name only it will not be a red flag. Each case is unique and there are many other factors to be considered.

What in my opinion, is a bigger red flag, albeit unrelated to his immigration status, is the fact that your in-laws should desire to control your marriage. That your husband would entertain that notion counts as a red flag in my book. It is my personal opinion that one should never give money with strings attached, except in business transactions. You should either trust the recipient to put the money to good use or not give out the money at all in the first place. Again, IMHO, you would be better off saving the money for a down payment yourselves and entering a mortgage together.

Good luck!

Agree and disagree.

The parents aren't necessarily controlling the marriage, but it does sound like they have no regard or respect for the relationships survival. They also don't sound very well versed in law either, because most often, as stated by others, assets acquired during the marriage are joint property, and if they're only paying part, not all of the loan, then if she assists in paying it, or joint funds are used it can be considered she contributed to it, therefore it is hers as well. The parents would be better off buying the house and putting it in their name. Solves the problem.

My husband and I bought a house while going through AOS. Because I had no credit score I could not be on the mortgage. Because we purchased through the VA they told us unless I was on the mortgage I couldn't be on the deed. So I'm on neither mortgage or the deed.

It was never ever a problem for us and I doubt it will be. The only issue I have is if Tony passes before me I need to ensure I have survivorship rights. We're working on that "problem" and it's an easy fix.