Is the petitioner allowed food stamps?

[amishbaby 407]

I have a question. Are petitioners allowed to get food stamps and medical assistance? Would it effect the application process if someone

is receiving these benefits? I know that the beneficiary isn't allowed to get any kind of means-tested benefits, but what about the petitioner and co-sponsor? I had this pop into my head and couldn't find anything to answer my question so I apologize if it was already posted. Thanks.

[aleful 1,905]

hi

yes, USC are allowed to receive benefits if they qualify

[NuZayetsPogodi 117]

How could the petitioner and co-sponsor qualify for means-tested benefits yet still qualify to bring someone over to the U.S.? That makes no sense.

[aleful 1,905]

hi

petitioner yes, co sponsor, it depends

the petitioner is allowed to have food stamps, or any type of benefits, there are people who have filed for someone having $0 income, that's why you can have joint sponsors or co sponsors that would cover for the beneficiary

the co sponsor on the other hand, we'd have to know the situation, and if the person has enough income to be a co sponsor, I wouldn't know if the person would even qualify for food stamps

but sponsor, it is possible

[amishbaby 407]

hi

petitioner yes, co sponsor, it depends

the petitioner is allowed to have food stamps, or any type of benefits, there are people who have filed for someone having $0 income, that's why you can have joint sponsors or co sponsors that would cover for the beneficiary

the co sponsor on the other hand, we'd have to know the situation, and if the person has enough income to be a co sponsor, I wouldn't know if the person would even qualify for food stamps

but sponsor, it is possible

This is the situation. I live with my mother, who makes 16k a year. I'm getting a job, might start in a next couple of weeks. Since I live with my mother and she has agreed to supporting him as well, she is going to fill out an I-134 affidavit of support as well as me. She is on food stamps right now, and my name is also on it. I also receive medical assistance. Now I'll be starting a job, so were probably getting rid of the food stamps anyways, but I was still wondering if she is allowed to receive benefits and I am....? I would just like to know so that I can be as well-informed about this as I can...

Edited August 26, 2016 by amishbaby

[KayDeeCee 4,891]

This is the situation. I live with my mother, who makes 16k a year. I'm getting a job, might start in a next couple of weeks. Since I live with my mother and she has agreed to supporting him as well, she is going to fill out an I-134 affidavit of support as well as me. She is on food stamps right now, and my name is also on it. I also receive medical assistance. Now I'll be starting a job, so were probably getting rid of the food stamps anyways, but I was still wondering if she is allowed to receive benefits and I am....? I would just like to know so that I can be as well-informed about this as I can...

Your co-sponsor must qualify on their own and meet the requirement for their own household size plus the foreign fiance(e). They will not combine their income with yours. Her $16k a year does not meet the requirement. I believe you stated before that she claims you as a dependent on her taxes. She would need enough for a household size of 3 > https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

[amishbaby 407]

Your co-sponsor must qualify on their own and meet the requirement for their own household size plus the foreign fiance(e). They will not combine their income with yours. Her $16k a year does not meet the requirement. I believe you stated before that she claims you as a dependent on her taxes. She would need enough for a household size of 3 > https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

What if she no longer claims me on her taxes but I'm working and making my own income? If I am not being claimed and I claim myself, can it be a household of two?

[amishbaby 407]

Your co-sponsor must qualify on their own and meet the requirement for their own household size plus the foreign fiance(e). They will not combine their income with yours. Her $16k a year does not meet the requirement. I believe you stated before that she claims you as a dependent on her taxes. She would need enough for a household size of 3 > https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

What if she no longer claims me on her taxes but I'm working and making my own income? If I am not being claimed and I claim myself, can it be a household of two?

[KayDeeCee 4,891]

What if she no longer claims me on her taxes but I'm working and making my own income? If I am not being claimed and I claim myself, can it be a household of two?

It would go by whatever is on the most recent taxes at the time of submitting the I-134. If she does not claim you in 2016 and you interview after those taxes are filed, then you would not be counted in her household size.

[amishbaby 407]

It would go by whatever is on the most recent taxes at the time of submitting the I-134. If she does not claim you in 2016 and you interview after those taxes are filed, then you would not be counted in her household size.

Would that mean that for the initial i-134 petition, she would only have to make 100% of the income guidelines? If they go by the 100% guidelines, she would have earned enough for the petition, but if they go by the 125% guidelines she is under. However, if she qualifies for the 100% guidelines but they see that I have income that could be combined with hers for the 1864 and I864A, would the chances of them approving it be good? Because my earnings would be over the 125% guideline. Thanks for the help.

Edited August 26, 2016 by amishbaby

[NuZayetsPogodi 117]

Would that mean that for the initial i-134 petition, she would only have to make 100% of the income guidelines? If they go by the 100% guidelines, she would have earned enough for the petition, but if they go by the 125% guidelines she is under. However, if she qualifies for the 100% guidelines but they see that I have income that could be combined with hers for the 1864 and I864A, would the chances of them approving it be good? Because my earnings would be over the 125% guideline. Thanks for the help.

No. No matter what, for your mom to be a sponsor or cosponsor, she has to make 125% of the federal poverty guidelines.

If you are not claimed as a dependent, her household size would be counted as two (herself and your fiance, because he's the one being sponsored, whether or not he lives in her household). That means she needs to make over $19,660 a year.

If you ARE claimed as a dependent and she is a co-sponsor, your household income must be $24,737.

If your mom makes $16k and you don't have a job yet, I think your fiance will have a hard time convincing the CO that he won't need government assistance.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

[Eric & Idalia 56]

How could the petitioner and co-sponsor qualify for means-tested benefits yet still qualify to bring someone over to the U.S.? That makes no sense.

Life changes. You may qualify to be a co-sponsor, but then something happened.

Also remember that sponsors of CR1 beneficiaries may live out of USA with their partners and could have no income yet they qualify to be a sponsor because they are US citizens married to someone from other country.

[EM_Vandaveer 2,369]

No. No matter what, for your mom to be a sponsor or cosponsor, she has to make 125% of the federal poverty guidelines.

If you are not claimed as a dependent, her household size would be counted as two (herself and your fiance, because he's the one being sponsored, whether or not he lives in her household). That means she needs to make over $19,660 a year.

If you ARE claimed as a dependent and she is a co-sponsor, your household income must be $24,737.

If your mom makes $16k and you don't have a job yet, I think your fiance will have a hard time convincing the CO that he won't need government assistance.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

Joint sponsor and co-sponsor are different.

A joint sponsor has to have enough income on their own for their household count plus the intending immigrant.

A co-sponsor is a household member of another sponsor. A co-sponsor's income can be added to their household member (sponsor)'s income and the two incomes together have to be enough for the household members plus the intending immigrant.

[SunflowerSweet 1,321]

I petitioned my husband (k-1 and now AOS) and receive medical insurance through my state's Medicaid program.

As long as you have a co-sponsor that makes enough like we did it should not be an issue.

[KayDeeCee 4,891]

Joint sponsor and co-sponsor are different.

A joint sponsor has to have enough income on their own for their household count plus the intending immigrant.

A co-sponsor is a household member of another sponsor. A co-sponsor's income can be added to their household member (sponsor)'s income and the two incomes together have to be enough for the household members plus the intending immigrant.

Not quite. Co-sponsor is just a term used around here for someone submitting an I-134 to sponsor someone for a K-1 visa. Joint sponsor is the actual term used by the USCIS for someone providing a separate I-864. A qualifying household member is someone that would fill out an I-864A(Contract Between Sponsor and Household Member) to go along with an I-864. They are not called co-sponsors anywhere in the USCIS documentation.