I have a check made out to my husband and me. My husband is not a legal US resident and is currently not in the US. He does not have a bank account in the US. Can I deposit the check into my personal checking account?
Some banks will not do this. The idea here is that if the check is payable to you jointly, when it is deposited to the individual account he is deprived of any benefit. He could later make a claim and the bank could be forced to reimburse him his share of the money, presumably fifty percent of the face amount.
If you can have the check issued to just you or payable to either of you, "John or Jane Doe" you shouldn't have any problems. The issue isn't his residency, but the individual ownership of your account and his inability to open an account or endorse the item to your bank's satisfaction.
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