Do I need to disclose this?

[Elena 0]

1) I want to buy a house and use it as a rental property. I’m just wondering if legally, my husband needs to get involved with this process. First of all, he has no credit history yet. He trusts me to make the decisions and we’re not interested in putting his name on the mortgage or deed. It’s purely a business investment since we already have our own home. Although I’m married, can I take out a loan in just my name? Are they going to require my husband to sign anything?

2) I’m also concerned about how this will affect the AOS process. Will they know that we have purchased a home without both names on it? Will that look suspicious? Do I have to disclose the purchase of this home? We’ve collected enough evidence so I’m not concerned about using this as further proof. I don’t want to disclose it and I’m wondering if that would be okay.

I’d appreciate any advice.

[pnd629 0]

Your real estate agent should be able to answer questions about whose name needs to be on the title/deed of the property.

It is probably fine for you to buy the property on your own, but when it is time to sell it, you may need your husband's signature--depends on what the laws are in your state. I was told by a broker that I could keep my house in my name (I bought it years before I met my husband), but if I ever wanted to sell or refinance, I would need my husband's signature because California is a community property state. I'm sure a real estate agent would know the laws of your state.

As for the property affecting AOS--I don't see how the subject would even come up. Our interviewer did not ask if we owned or rented our home, nor did he ask about any other assets.

[Yodrak 7]

Elena,

Regarding #2, read what you wrote in #1. You will not be purchasing a home, you will be purchasing a rental property as a business investment.

The USCIS does not require that one's alien spouse be their business partner. Nor does it require that one's alien spouse be a joint owner or leasor of the marital home.

Yodrak

1) I want to buy a house and use it as a rental property. ..... It’s purely a business investment since we already have our own home. .....

2) I'm also concerned about how this will affect the AOS process. Will they know that we have purchased a home without both names on it? Will that look suspicious? .....

[elyjack 0]

In answer to #1 I think it depends on what state you are doing this in. When we bought our home in Florida it was required that my wife be on the deed to the property because it's a community property state, meaning we mutually own everything 50-50 if it should ever come to divorce. I think other states have different requirements.

However, my wife's name was not put on the mortgage. That's the way the lender insisted on it.

So at closing my wife signed half the papers - all the official government documents having to do with ownership of the property but none of the ones having to do with the mortgage.

I'm sure your lender will be glad to tell you how it will work in your case.