Mortgage/Rental questions (and Jag for sale!)

Mortgage/Rental questions (and Jag for sale!)

Author
Discussion

david968s

Original Poster:

415 posts

237 months

Friday 7th December 2012
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You guys are knowledgeable about all things visa and residency related, so I would like your thoughts on the following please:

Can I maintain a mortgage on my house in the US if I have left the country and do not have a US visa or Green Card? If I rent the house out, do I have to inform the mortgage lender of that fact, as we do in the UK? I am part way to getting a GC (I140 granted) but am transferring to Perth WA for a few years. I fully intend to return and get a Green Card, so want to keep the house, which we only bought 4 months ago.

I am also selling a 16 month old Jag XFR (16k miles) if anyone is interested? I am in Houston TX.

Matt Harper

6,770 posts

208 months

Friday 7th December 2012
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I'm pretty sure it is possible to maintain your mortgage from overseas (lots of non-US snowbirds do it), but I think you would need to read the conditions of the mortgage contract to properly understand the lenders position on occupancy and particularly on sub-letting, which some lenders get pissy about (I am not permitted to sub-let my home without their permission - which I suspect would precipitate a rate hike).

Perhaps they would never find out, unless your tenant stopped paying, leading to a default.
You may be running into some dodgy territory by leaving the country without telling them - so although it may well complicate matters, it's probably best to run the idea by them. At worst, if you breach your mortgage terms, they could foreclose on you, which would of course bugger your credit.

Re the permanent residency petition, who sponsored your I-140, you, a family member or an employer? If by employment, what is your preference category? I ask because unless you have a long wait (EB3), leaving the country for more than 6 months constitutes abandonment, meaning you would have to start from scratch with your PERM, DoL certification, the whole nine yards when you return.

Can't help re the car, but PH'r Unrepentent is a Jag dealer up in Indiana, he may be able to suggest something....

GavinPearson

5,715 posts

258 months

Saturday 8th December 2012
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I see no reason as to why you cannot let your property indefinitely. You would no longer be eligible for Homestead taxes. That said, I think you need to work out a way to come back - no point having a house if you cannot live there.

Captain Cadillac

2,974 posts

194 months

Saturday 8th December 2012
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There's two things to consider:

Does your mortgage allow any use other than owner-occupied? Ditto your homeowners insurance.

david968s

Original Poster:

415 posts

237 months

Monday 10th December 2012
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Thanks chaps. I hadn't thought about holiday home owners, so clearly it must be possible. I am sure a rate hike will happen if sub letting permission is given (same with my house in the UK) and I realise that homestead tax relief will go. To be honest, I would rather not keep the house, but we could make a small profit if we keep it, and selling now would incur a loss anyway, so it is worth a try. The market for renting is incredibly strong here at the moment anyway.

My I140 is sponsored by my employer, but I am led to understand that we can apply for an IA-24 which allows completion of the process outside of the US (i.e. in Oz) and never expires, so I can pick up the process some years down the line.

As far as returning to the US goes - of course I have a plan!

Matt Harper

6,770 posts

208 months

Monday 10th December 2012
quotequote all
david968s said:
My I140 is sponsored by my employer, but I am led to understand that we can apply for an IA-24 which allows completion of the process outside of the US (i.e. in Oz) and never expires, so I can pick up the process some years down the line.
Wow, cool. Never heard of IA-24 - nor seemingly has Google, or USCIS, or DoL search resources. What is it? I'm certain there are many, many people who would potentially benefit from this dispensation, who are currently land-locked and unable to take advantage of overseas opportunities while they wait for EB-3 category petitions to become current. Can you share?

david968s

Original Poster:

415 posts

237 months

Monday 10th December 2012
quotequote all
I-824 - my mistake! I'm not an immigration lawyer, so I can't explain. I am probably misrepresenting the purpose of the form, but the end result is how the immigration attorney explained it to me. Anyway, I am not massively concerned, hence it wasn't really the point of this thread - even if I abandon the GC process for now, it doesn't seem to prejudice a future application.

unrepentant

21,671 posts

263 months

Tuesday 11th December 2012
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AFAIK green cards are not issued to people who live outside the US and are not intended to be held by anyone who intends to live outside the US for any length of time. When I arrived on my K-1 in 2010 there was a guy in front of me in the immigration office who was re-entering on his green card after a period of months in Europe and was being pretty seriously questioned before being allowed to enter.

The I-824 seems to be for use only after a petition has been approved?

david968s

Original Poster:

415 posts

237 months

Tuesday 11th December 2012
quotequote all
unrepentant said:
The I-824 seems to be for use only after a petition has been approved?
Correct