This is a Real Estate Question not an Immigration Question, though my status has to be taken into consideration.
My husband and I are looking into buying a house, I am in my third trimester of pregnancy and we are trying to close before the baby arrives.
Our concern however is, my immigration status is pending, we have mailed in our I-130 and I-485 to USCIS and we are pending response. We are not asking for advice about my status as that is currently being adjusted we are just pending interview dates.
He has already been approved for a mortgage in only his name but he wants us both to be on the deed for the house and our real estate agent advised us that in Florida once married both spouses need to be on deed.
I guess the bottom line of the question is will my pending immigration status affect us
closing the house if I am put on the contract and title at closing? Should we hold off on getting the house until after the interview? We are trying to find out as our daughter is due in 13 weeks and we didnt want to be in the middle of moving when she comes, we wanted to have already closed and moved in by the time she is born.
Any advice is appreciated!
To the best of my knowledge your pending status with immigration is irrelevant to your home purchase, and likewise.
Enjoy the two new events on the horizon!
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It's not a real estate law question; if there is any limitation or prohibition to your being put on tile or mortgage, i would arise in immigration law. That said, I have to agree with my colleague, I know of no such legal restriction (although the mortgagee bank may have its own requirements); and i would certainly run it by your immigration counsel.
Hope this helps.
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Sorry but this is still an immigration question. There is no "law" you have to be a citizen or anything to do with the US or even living here to buy property at all; many foreign investors aren't. A real estate attorney generally has no idea what those forms are or anything about immigration law. An immigration attorney could tell you how your status could be (if at all) affected by purchasing real estate or how the real estate purchase could be affected by your current immigration status.
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There is no Florida law that says both spouses must be on the title to the house. Conversely, your immigration status, whatever it is, will not prevent you from taking title to the property with your husband. With a new baby and a new house, you have a lot to worry about but you can cross the manner of taking title off you list of worries. If you would like further information, you should consult an experienced real estate lawyer in your area. (You should not rely on legal advice you receive from real estate brokers.)
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