751 and Houses

[Minister]

Hello everyone. I hope someone has some insight about this topic.

 

This year, my girl and I will file for her "Removal of Conditions". We have plenty of communal assets, including a business that we have started together (Boy! We sure do suck at business! It's been a hell of a ride, though). As it stands now, my name is the only one on our biggest asset, the house, but the house was here before we met.

 

Anyway, that brings us to the big topic here.

 

I have been asked to move to our company's Cincinnati office again. If I do that, there will be little or no chance of selling the house for anything near what I owe on it. The Detroit real estate market is brutal. At one time, I had about $70k in equity on this house. Now I am about $60k "upside down" on my mortgage. The house prices have dropped that much.

 

Anyway, I don't have the money to just "suck it up" and lose $60k on this house. Likewise, I am certainly in no position to quit my job rather than move. So, the result will be that I may have to "short sell" or "return in lieu of foreclosure" at some point on this house. Of course, I think I can get a lawyer and maybe limp away with some of my credit intact...

 

But, what (if any) impact do you think that would have on the ROC process? I know that, to a certain extent, marriage-based immigration is dependent on the financial ability of the petitioner and the immigrant to support the immigrant. That makes sense and I'm not debating that point at all. But I'm wondering if something damaging to the financial confidence score like a "short sale" would affect the review for ROC, even if the petitioner's income was still well above the "line" for supporting the immigrant?

 

It may not matter, but I'm not the type who likes to "rock the boat" with matters as important to us as our marriage.

 

Any ideas, opinions, or experiences would be appreciated.

[Guest Pommey]

I dont think it will have any negative impact.

 

Good luck.

[warpedbored]

What they are most interested in at this point is ongoing relationship. As long as you are still working and making 125% of the poverty guidelines then whether or not you are upside down on your mortgage is of no consequence. Since your wife isn't on the deed anyway that is one piece of evidence you can't use to show ongoing relationship. Concentrate instead on what you do have. Joint bank accounts, joint credit cards etc. You can also use statements from friends that know both of you.

 

Moving can throw a wrench in the cogs of any change of status. If you have time and are sure you're moving then you might want to wait and file from your new address. As a green card holder your wife is required to notify the USCIS of any change of address.

 

You may also want to consider renting your house out instead of selling it for a loss or taking a hit on your credit.

[sweattrl1]

carl that is very good advise and i agree wit you on this one, good call

[dnoblett]

One note you are required to file an AR-11 and I-865 to show your new adress just after moving. Within 10 days for the AR-11 and a month for I-865.