Spouse added to lease agreement?

[Ready to do it 101]

I am the US Citizen. I sponsored my fiance to come to US on K1 Visa in Nov 2011. We were married in Feb 2012 (before the 90 day deadline). We have not filed AOS yet (We're just always so busy). I do plan to do it soon. Is the government shutdown going to affect processing of visas?

We are moving on Saturday. The apartment management company does not want to put her on the lease. When the apartment management company asked me if she was a permanent resident, I tried to explain that she came on a K1 Fiance Visa and we met the requirement of getting married within the 90 day period. However, she really doesn't have a status in the US since we have not yet followed through with AOS... she's not illegal, she just doesn't have a status. I think they just thought in their minds, "she's illegal." Ultimately they wouldn't let me put her on the lease. They didn't ask to see her passport or visa though. Is there something I should be telling them so they would be able to put her on the lease? They asked me if she has a visa and my response was "Yes, but it expired a few years ago. The only requirement was that we marry, which we did." Thoughts? I didn't have this problem when we rented a place last year... and that was a good 6 months after her K1 visa had expired so??? What do I say? I've read where Immigration likes to see that spouse is on the lease. Unfortunately, we waited too long to try to get SS# (missed it by a day), so I assume having her on the lease is pretty important given that other than our marriage certificate there's no other legal documents that show she's here, etc. Any thoughts on how to explain her legal presence in the US to get them to put her on the lease? Do others have this same problem?

Thanks

[fantonledzepp 159]

You, me and others here, understand that she entered legally, but is now out of status. Trying to get people to understand that, without a green card, is just going to be an uphill battle. And, for AOS, they're not looking for her name on a lease or utilities, or bank accounts; that's for Removing Conditions.

Move in, file AOS ASAP, and when approved, get the SS#.

[Ryan H 3,812]

There is not much you can do, if the management company does not want to put her on the lease, that is their prerogative.

[aamirpearl 47]

SAme thing with us too, our landlord wouldnt put my husband on the lease until he gets a job and so they can do background checks on him.

[vbtwo 54]

Is the government shutdown going to affect processing of visas?

No, that is the good side of them charging so much for every step of the way. They are funded by these fees, so they continue working.

[Ready to do it 101]

Thank you all for the replies.

[aaron2020 11,651]

There is nothing you can do to add your wife to the lease. There is no law that requires the landlord to add her to the lease.

Only California has made it illegal to ask about immigration status in renting as far as I know. It's legal to ask in other states.

Edited October 4, 2013 by aaron2020

[Harpa Timsah 13,258]

Your wife is here illegally, just so you know. She is subject to deportation at any time. Because you are married if she were to get caught she probably wouldn't be deported, but after being locked up in deportation jail for a while, she could be ordered to file for AOS.

A K-1 is a non-immigrant visa and your wife is just the same as anyone who overstayed a tourist visa or a student visa or whatever.

You can still file for AOS right now, with the gov situation. I would do it ASAP.

She does not have legal presence right now.

[Darnell 8,478]

if i were in yer shoes,

i'd find a house to lease, with a landlord that did not care about running a background check/credit check on your spouse.

[Umka36 781]

No matter how busy you both were, AOS should have been the first thing to do after your marriage. As you can see now, it's complicates life not having the GC for your spouse. Just file the AOS ASAP. Then add her to the lease after she gets her GC, or you could move to another complex that does not require the GC.