Wife not on house deed or mortgage/proof of residence together

[ryna 132]

Hi everyone,

We're about to file my wife's ROC and our house is only in my name (since I bought it long before we met). We had originally intended to refinance it and change it into both of our names but the housing market crash said otherwise and, with all the equity wiped out, we weren't really in the position to put down 20% for me to "sell" it to us. Anyhow, her name isn't on the mortgage, deed or any kind of lease and never has been. What else is sufficient proof that our house is our joint residence? We have some utility bills in both names (the ones that allow for 2 names), bank statements, and her drivers license, of course, which is Real-ID compliant and required proof that she lives at this address to be issued in the first place.

Also, sadly, we lost our baby earlier this year. He was stillborn and only has a death certificate. We are including the death certificate as part of our initial evidence, but I was wondering if he has to be listed on the I-751? I know he would have to be listed if he were with us, even as a natural-born USC. Obviously, he's not in need of any immigration benefit but the form says list all children and we're not sure what to do. The questions regarding children seem to be written to address living children but I don't want problems with USCIS because they think we "hid" our child from them. Will they hold it against us if we include him or if we don't?

Well, these are the last two doubts we have and as soon as the last documents arrive from a couple of our joint accounts, we're sending them off, either Monday or Tuesday, to start the USCIS suffering process again...

Also, just to verify, the fee is still $590 ($505, plus $85 biometrics fee) as of today, right?

Thanks

[VanessaTony 3,567]

We're about to file my wife's ROC and our house is only in my name (since I bought it long before we met). We had originally intended to refinance it and change it into both of our names but the housing market crash said otherwise and, with all the equity wiped out, we weren't really in the position to put down 20% for me to "sell" it to us. Anyhow, her name isn't on the mortgage, deed or any kind of lease and never has been. What else is sufficient proof that our house is our joint residence? We have some utility bills in both names (the ones that allow for 2 names), bank statements, and her drivers license, of course, which is Real-ID compliant and required proof that she lives at this address to be issued in the first place.

Everything you list is more than enough to prove joint residence. I'm not on the deed either and we bought it while I was here. You may way more to prove co-mingling though.

Also, sadly, we lost our baby earlier this year. He was stillborn and only has a death certificate. We are including the death certificate as part of our initial evidence, but I was wondering if he has to be listed on the I-751? I know he would have to be listed if he were with us, even as a natural-born USC. Obviously, he's not in need of any immigration benefit but the form says list all children and we're not sure what to do. The questions regarding children seem to be written to address living children but I don't want problems with USCIS because they think we "hid" our child from them. Will they hold it against us if we include him or if we don't?

I'm sorry for your loss. You do not list children if they are not living, and the reason for that is because the other answers would be misleading. "Is the child living with you?" for example...

My examples may seem a little heartless, so I'm sorry, but they help explain. If someone asked you if you have any pets, they're not asking about all the pets you've ever had in your life, they're asking about "right now". Same with "oh so are you renting?" if you own your house but you used to rent, you wouldn't say you're still renting.

The same would apply if you had adopted out your children. Legally, they aren't your children anymore. If you were asked if you had ever had a child, the answer would be yes, but asked if you still HAD children, the answer would be no.

I would include the death certificate though and make mention of it on the cover letter.

Also, just to verify, the fee is still $590 ($505, plus $85 biometrics fee) as of today, right?

Yes. Per the USCIS site.

Edited September 14, 2013 by VanessaTony

[ryna 132]

Thanks.. Good to see that they're not too hung up on home ownership, especiallly since the vast majority of our accounts are now joint.

As for the children question, that's what I was thinking but the "List all your children" had me wondering. And, for some reason, USCIS has a way of stressing me out so I wanted to be sure.

And, I had forgotten to create the cover sheet... I have some more typing to do!!

[VanessaTony 3,567]

Thanks.. Good to see that they're not too hung up on home ownership, especiallly since the vast majority of our accounts are now joint.

As for the children question, that's what I was thinking but the "List all your children" had me wondering. And, for some reason, USCIS has a way of stressing me out so I wanted to be sure.

And, I had forgotten to create the cover sheet... I have some more typing to do!!

Oh I know! It's easy for me, sitting at the tail end of the process, to forget how stressed I was during each process, until I do another filing and am freaking out again.

The cover sheet isn't a requirement, but I use mine as a checklist so I make sure I've got everything I need.

[ryna 132]

Same here. It serves as a good checklist.

Did you have an ROC interview? Just curious because during the AOS process, while it seemed everyone else on VJ was getting approved either w/o an interview or, at least, getting their interview scheduled within 2-3 months, USCIS dragged out my wife's AOS process for 8 months then they made us come in for an interview. And we had what we thought was a straightforward, simple case. We're just hoping this process goes a little more smoothly (and quickly) this time around.