Benefits

[NatalieLucy 6]

My husband just lost his job, and I still haven't been able to find work. Husband is applying for unemployment, and we were just looking at food stamps. When we were applying it mentioned "I or someone in my household is a sponsored alien" I am a 10yr Green Card holder and when I came here on the K-1 visa I did have a sponsor. Does the sponsor continue to hold throughout my life as a Green Card holder? Does this mean my husband can't apply for food stamps for the household?

[JimVaPhuong 4,863]

My husband just lost his job, and I still haven't been able to find work. Husband is applying for unemployment, and we were just looking at food stamps. When we were applying it mentioned "I or someone in my household is a sponsored alien" I am a 10yr Green Card holder and when I came here on the K-1 visa I did have a sponsor. Does the sponsor continue to hold throughout my life as a Green Card holder? Does this mean my husband can't apply for food stamps for the household?

The sponsorship is binding until you either become a US citizen, or you've held a job for 40 quarters (a quarter is 1/4 of a year, or 3 months). A little quick math will tell you that 40 quarters is 10 years. The quarters don't have to be consecutive (there can be gaps), but they must total 40 quarters. If you haven't cleared this hurdle, and you collect means tested benefits like food stamps, then your sponsor can be sued by the government to repay what you collect.

To further complicate matters, your sponsor's income can be considered along with your income in determining your eligibility to receive benefits.

[NatalieLucy 6]

Ok thanks lucky I didn't submit the form online. I do have a question regarding unemployment my husband can apply for that for himself correct this shouldn't mess anything with sponsorship?

[JimVaPhuong 4,863]

Ok thanks lucky I didn't submit the form online. I do have a question regarding unemployment my husband can apply for that for himself correct this shouldn't mess anything with sponsorship?

Technically, this is up to each state, since states manages unemployment benefits. However, I'm not aware of any state that considers unemployment to be a "means tested benefit", since it's usually paid for out of an insurance fund that employers must contribute to. Your husband collecting unemployment should not have any affect on your immigration status or your sponsor.

[NatalieLucy 6]

Ok, thank you you've been helpful.

[Enlighten one :) 5]

Your husband can apply for Food Stamps for the house. You will be counted into his income factor, but you cannot receive credit for the benefits. They will calculate the household total of people, but will only give enough food stamps for him and his children.

[Enlighten one :) 5]

Unemployement can be collected too.

The GC holder can collect unemployement beneifts too if you meet the required guidelines of working hours. This is something that is payed by the employer.

[JimVaPhuong 4,863]

Your husband can apply for Food Stamps for the house. You will be counted into his income factor, but you cannot receive credit for the benefits. They will calculate the household total of people, but will only give enough food stamps for him and his children.

Thanks for that info! I wasn't aware they could slice up the benefits that way.

[diadromous mermaid 36]

Aliens are only statutorily ineligible for federal means-tested benefits for the first 5 years after the receive permanent residence. You adjustd status in July 2004, that means after July 2009 you would not be found ineligible.

My husband just lost his job, and I still haven't been able to find work. Husband is applying for unemployment, and we were just looking at food stamps. When we were applying it mentioned "I or someone in my household is a sponsored alien" I am a 10yr Green Card holder and when I came here on the K-1 visa I did have a sponsor. Does the sponsor continue to hold throughout my life as a Green Card holder? Does this mean my husband can't apply for food stamps for the household?

[JimVaPhuong 4,863]

Aliens are only statutorily ineligible for federal means-tested benefits for the first 5 years after the receive permanent residence. You adjustd status in July 2004, that means after July 2009 you would not be found ineligible.

My husband just lost his job, and I still haven't been able to find work. Husband is applying for unemployment, and we were just looking at food stamps. When we were applying it mentioned "I or someone in my household is a sponsored alien" I am a 10yr Green Card holder and when I came here on the K-1 visa I did have a sponsor. Does the sponsor continue to hold throughout my life as a Green Card holder? Does this mean my husband can't apply for food stamps for the household?

That's not the problem. The problem is her sponsor. I assume the primary sponsor is her husband. The sponsor can be held liable if she collects any means tested benefits before she either becomes a citizen or accrues 40 quarters of work credits. Assuming she began working as soon as she was able, and she worked continuously since then, it would take 10 years to accrue all of the necessary credits. She may be eligible to receive benefits, but her husband can also be held liable for paying the government for those benefits. The terms are spelled out in the I-864 he filed on her behalf. If her husband had a co-sponsor, then the co-sponsor is also liable. Under the terms of outlined by the Social Security Administration, her sponsor and co-sponsor's income can be considered when determining her eligibility for benefits because they have a legal obligation to support her.

[diadromous mermaid 36]

Aliens are only statutorily ineligible for federal means-tested benefits for the first 5 years after the receive permanent residence. You adjustd status in July 2004, that means after July 2009 you would not be found ineligible.

My husband just lost his job, and I still haven't been able to find work. Husband is applying for unemployment, and we were just looking at food stamps. When we were applying it mentioned "I or someone in my household is a sponsored alien" I am a 10yr Green Card holder and when I came here on the K-1 visa I did have a sponsor. Does the sponsor continue to hold throughout my life as a Green Card holder? Does this mean my husband can't apply for food stamps for the household?

That's not the problem. The problem is her sponsor. I assume the primary sponsor is her husband. The sponsor can be held liable if she collects any means tested benefits before she either becomes a citizen or accrues 40 quarters of work credits. Assuming she began working as soon as she was able, and she worked continuously since then, it would take 10 years to accrue all of the necessary credits. She may be eligible to receive benefits, but her husband can also be held liable for paying the government for those benefits. The terms are spelled out in the I-864 he filed on her behalf. If her husband had a co-sponsor, then the co-sponsor is also liable. Under the terms of outlined by the Social Security Administration, her sponsor and co-sponsor's income can be considered when determining her eligibility for benefits because they have a legal obligation to support her.

JimVaPhuong,

There are two issues here. One is elgibility, and on that note I declared that the OP might indeed become eligible shortly. The other issue is whether the sponsor *would* be held liable to repay should the agency seek recovery.

However, I feel I must correct your statement above. Why do you declare that the OP would have to work the equivalent of 10 years in order to accrue the necessary credits? It *can* be done in 5 years.

[Kathryn41 3,205]

Yes, the necessary credits can be accrued in 5 years - with both spouses working and having contributable earnings. They can share the credits so 10 years becomes 5.

[JimVaPhuong 4,863]

JimVaPhuong,

There are two issues here. One is elgibility, and on that note I declared that the OP might indeed become eligible shortly. The other issue is whether the sponsor *would* be held liable to repay should the agency seek recovery.

However, I feel I must correct your statement above. Why do you declare that the OP would have to work the equivalent of 10 years in order to accrue the necessary credits? It *can* be done in 5 years.

Thanks for the clarification.

I read in the I-864 instructions that "in certain cases the work of a spouse or parent adds qualifying quarters", but I couldn't find an adequate explanation of what it meant. I assumed, since it said "certain cases" that it probably didn't apply in most cases.

So, under what conditions does the husband's work contribute the work credits of the beneficiary?

[wowswift 3]

take a look on SSA's site, that's where they say how you can earn 40 credits while including your spouses income or something. i've read it before, its on there, maybe tomorrow i will find it if no one else does.

Edited June 13, 2009 by wowswift

[diadromous mermaid 36]

If married to a USC spouse, the USC spouse's eligible credits are contributed to the alien's quarters.

JimVaPhuong,

There are two issues here. One is elgibility, and on that note I declared that the OP might indeed become eligible shortly. The other issue is whether the sponsor *would* be held liable to repay should the agency seek recovery.

However, I feel I must correct your statement above. Why do you declare that the OP would have to work the equivalent of 10 years in order to accrue the necessary credits? It *can* be done in 5 years.

Thanks for the clarification.

I read in the I-864 instructions that "in certain cases the work of a spouse or parent adds qualifying quarters", but I couldn't find an adequate explanation of what it meant. I assumed, since it said "certain cases" that it probably didn't apply in most cases.

So, under what conditions does the husband's work contribute the work credits of the beneficiary?