Property Disclosure Dilemma

[lsrbigfoot 1]

Here is a brief summary on a dilemma we are facing with regards to a particular aspect of our case (property ownership).

- My spouse (petitioner) owned a house a few years before our marriage. So, technically the title and mortgage of previous house is in the spouse's name.

- We are now living in a new house which we have owned for past 2-3 years.

We've already submitted joint-title copy during the i-130/i-1485 stage. The mortgage is in my name for credit reasons.

- We have been using a joint checking/savings account for pretty much everything in our marriage relationship (2-3 years history),

- Previous residence was rented out to 3rd party tenants for past 2-3 years (we did a rental agreement as joint landlords), however

- The rental income basically goes through a separate individual checking/savings account used primarily for rental/mortgage purposes.

I don't think we'll have a problem gathering evidence for other joint activities, but we are not sure how delicate the last item will be in our case (whether or not it will raise a flag) because the rental activity on the previous property is currently not being traced to a joint checking account. We do have joint tax returns that disclose the rental activity, and we have used or joint account to do some of the maintenance work on the previous property.

Any suggestions? Thanks for your help.

[novedsac 355]

So, you've been married approximately 3yrs, have joint accounts and expenses, yet petitioner has a pre-marital property which is rented out and rent payments go into petitioner's separate bank account, yet rental profit/loss is captured on a joint tax return.

Correct?

I fail to see a dilema.

There is no rule, law, etc anywhere that requires co-mingling of assets upon marriage. USCIS wants to see evidence of a bonafide marriage, evidence for which can include joint accounts, liabilities, etc. Spouses can still maintain separate assets and financial transactions. If you have active joint accounts, joint bills and joint tax returns throughout the marriage, you're fine. Don't worry if some of the money is transiting a separate account, especially if it's obvious that you're both aware of it.

[novedsac 355]

Not related to immigration - but from an accounting point of view, you'll have less scrutiny from IRS if you keep ALL rent payments and expenses associated with the rental activity flowing in/out of a single account which is used for no other purpose (doesn't really matter if account is joint or separate).

[lsrbigfoot 1]

Yes. We will be married 2 1/2 years when we file the i-751.

Thanks, for feedback. I guess this means that we don't have to include copies of current rental agreements on previous property. Correct?

[novedsac 355]

Correct.