Does receiving welfare in the past for either of us affect K-1 Visa eligibility?

[KDXD 0]

I am a divorced mother of two, so there's 3 of us currently in the house(rented). My sons are 13 and 8. I have not worked recently, and have been on welfare for 3 years since I've been divorced. I receive $88 in child support.

The welfare we receive: 

• Section 8 Rental Assistance
• Medicaid for the whole family
• my two boys receive SNAP (I don't qualify as an able bodied adult) 

 

My SO is a 25 year old working man from New Zealand. He just got laid off from a job he's had for 3 years, and was considering unemployment for  the time being until he can find a new job. 

 

 

The basic question I'd like more info about: Since I've been on welfare for 3 years, would this have any negative impact on our K-1 application? And what about him, if he had ever received welfare? 

 

More details: I'll be getting a job here in a few months, as a pharmacy technician and plan to work for at least 3 years before we ever start this K-1 process. They do want 3 years of this income, right? Please correct me if I am wrong. This is a long journey for us, I know. 

So basically, 3 years of welfare and then 3 years of working (at hopefully above the level needed to sponsor and will be off welfare entirely) And just a note: I don't have any friends or family to co-sponsor or whatever that is about. My birth parents are dead and I dont know my biological family, etc. And I'm not really a social butterfly :-) 

 

Thoughts? Comments? 

 

We are currently at the stage of gathering all the information we'll need to start this process in 3 years and getting all our questions answered to be well prepared. 

[bakphx1 785]

The beneficiary can't receive any benefits, but nothing says you or your sons can't.  Section 8 might be a problem since he'd benefit from it. 

 

The problem you may face is qualifying to sponsor him.  If your job raises your income, you will be okay.  But if it's low enough to qualify for assistance, it may not be high enough to be a sponsor. 

[KDXD 0]

Just now, bakphx1 said:

The beneficiary can't receive any benefits, but nothing says you or your sons can't.  Section 8 might be a problem since he'd benefit from it. 

 

The problem you may face is qualifying to sponsor him.  If your job raises your income, you will be okay.  But if it's low enough to qualify for assistance, it may not be high enough to be a sponsor. 

Oh no, the plan is to get off welfare entirely for 3 years before we even apply for the K-1. The new job should raise my income enough to where I won't even qualify for assistance. I was just wondering if the fact I received it for SO LONG will reduce our chances of getting approved

[bakphx1 785]

2 minutes ago, KDXD said:

Oh no, the plan is to get off welfare entirely for 3 years before we even apply for the K-1. The new job should raise my income enough to where I won't even qualify for assistance. I was just wondering if the fact I received it for SO LONG will reduce our chances of getting approved

You are right! I miss that point before!  The rules only discuss the immigrating beneficiary receiving welfare benefits. The petitioner having received benefits in the past isn't really anything they care about. I have read posts from people who are sponsoring a spouse and they are living entirely on disability income.

[Sunnyland 639]

OP, my now husband was on unemployment benefits (due to medical reasons) for less than 1 year and then later that year he was better and was able to start working and just about 3 months into the new job he filed the papers for my K1 and was approved. So I think if you are planning to petition him in 3 years or so I don't think you should have any trouble as long as you make enough to sponsor him, if not you can start getting an co-sponsor. Your situation should improve in 3 years with the new job and everything.

[KDXD 0]

Thanks for the replies 

[Lemonslice 4,544]

If you're planning for guys immigration to happen in 3 years for now, why not get married and file for a spousal Visa?  The benefits might outweigh the little extra wait since you're in no rush...

[KDXD 0]

Just now, Lemonslice said:

If you're planning for guys immigration to happen in 3 years for now, why not get married and file for a spousal Visa?  The benefits might outweigh the little extra wait since you're in no rush...

I do not believe I will be able to make the income requirements for sponsoring with a spousal visa. If I'm understanding correctly the K-1 requires 100% poverty (or above) and the spousal visa requires 125% (or above) 

 

It would make us a household of 4. 100% is $24,300 where as 125% is $30,375 and I would fall short.  My salary will be about $28,000.  

I have nobody in my life to offer co-sponsorship 

 

Why is there an income difference for the two different visas anyway?

 

 

[geowrian 22,335]

11 minutes ago, KDXD said:

I do not believe I will be able to make the income requirements for sponsoring with a spousal visa. If I'm understanding correctly the K-1 requires 100% poverty (or above) and the spousal visa requires 125% (or above) 

 

It would make us a household of 4. 100% is $24,300 where as 125% is $30,375 and I would fall short.  My salary will be about $28,000.  

I have nobody in my life to offer co-sponsorship 

 

Why is there an income difference for the two different visas anyway?

Keep in mind 2 important things:

1) Those are the minimums. The CO looks at the totality of the circumstances to determine the public charge concern.

2) What's the plan for AOS after entering on the K-1? You would still need to meet the 125% minimum level at that time (a few months later).

 

The difference is because one (K-1) is a non-immigrant visa and uses the unenforceable I-134. The other is an immigrant visa and therefore uses the enforceable I-864.

Edited April 30, 2018 by geowrian

[NigeriaorBust 4,087]

  To adjust status after the K1 you still need 125% and many embassies look for that amount knowing AOS is around the corner.   I know of one case years ago where the woman was basically a life long welfare collector and they denied based on the fact they thought the intending immigrant , who was unskilled , was more than likely going to seek to gain from means tested benefits.   Unemployment is an insurance that you pay while you are working and if laid off you get to collect.  If you aren't covered you don't collect but collecting has no affect on immigration

 

[KDXD 0]

Just now, geowrian said:

 

2) What's the plan for AOS after entering on the K-1? You would still need to meet the 125% minimum level at that time (a few months later).

 

Oh I see. I misunderstood that then and makes more sense! 

[Lemonslice 4,544]

17 minutes ago, KDXD said:

I do not believe I will be able to make the income requirements for sponsoring with a spousal visa. If I'm understanding correctly the K-1 requires 100% poverty (or above) and the spousal visa requires 125% (or above) 

 

It would make us a household of 4. 100% is $24,300 where as 125% is $30,375 and I would fall short.  My salary will be about $28,000.  

I have nobody in my life to offer co-sponsorship 

 

Why is there an income difference for the two different visas anyway?

 

 

As others explained, there's only a difference at the Embassy interview - to get the Green card you'll still need 125%

 

The spousal visa cost is cheaper and your spouse could work right away - it seems like the savings/extra income would be useful to your household

[Russ&Caro 1,548]

10 hours ago, KDXD said:

I'll be getting a job here in a few months, as a pharmacy technician and plan to work for at least 3 years before we ever start this K-1 process.

This is a very wise plan. Immigration is an expensive process. Building wealth and career is an excellent first step. Most people want to shortcut the process to be with their love as soon as possible. If you stick to this plan and still love this man after 3 years, I believe you will be successful.

[Highmystic 234]

10 hours ago, KDXD said:

Oh no, the plan is to get off welfare entirely for 3 years before we even apply for the K-1. The new job should raise my income enough to where I won't even qualify for assistance. I was just wondering if the fact I received it for SO LONG will reduce our chances of getting approved

Actually, I read somewhere, where it is being considered,  that filing for an Earned Income Credit on taxes "could" be considered as a "benefit".  Something to keep an eye on! 

[CEE53147 559]

How can you afford to travel to meet or marry him?