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Muddled

Means Tested Benefits/Assistance

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Filed: Timeline
Not having adequate income will not usually be a problem if you have a co-sponsor' date=' according to experiences

posted on the newsgroup, as long as the co-sponsor has adequate income/assets.

Be aware that the co-sponsor must have enough income/assets for both your fiance, any fiance children that will

be immigrating, and his/her own household. However, that IF the US fiance has been on welfare or other

government benefits for a lifetime or has no plans to work actively, the consulate can still deny the visa based on

the likelihood that the foreign fiance will become a public charge. Just having a co-sponsor may not be sufficient.

An actual case has been documented wherein a fiance visa was denied because the petitioning fiance was on

government benefits and would not be working, even though the US fiance had two co-sponsors.[/quote']

Would someone mind breaking this down for me. What if the petitioner is currently on means tested benefits, but has not been for a lifetime and does currently work? (petitioner receives EBT assistance and lives in subsidized housing) The petitioner has a sponsor to make up for what she lacks obviously and the likelihood of the beneficiary becoming a public charge is actually very low. Where does a person stand with this?

Edited by Muddled

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Filed: AOS (apr) Country: Philippines
Timeline

Would someone mind breaking this down for me. What if the petitioner is currently on means tested benefits, but has not been for a lifetime and does currently work? (petitioner receives EBT assistance and lives in subsidized housing) The petitioner has a sponsor to make up for what she lacks obviously and the likelihood of the beneficiary becoming a public charge is actually very low. Where does a person stand with this?

There is no prohibition that says a USC cannot collect MTB... but on the alien, if the alien should collect MTB, the US government can seek reimbursement from the sponsor....


YMMV

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What the USC will have to do is report the change in her martial status, her present benefits are based on her present status. With a change in her life style, i.e married, that could mean a change in what means benefits she will be eligibile for. If she does not report the change in her life style, it could be considered FRAUD.

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Filed: Timeline

What the USC will have to do is report the change in her martial status, her present benefits are based on her present status. With a change in her life style, i.e married, that could mean a change in what means benefits she will be eligibile for. If she does not report the change in her life style, it could be considered FRAUD.

That wasn't very helpful at all. The petitioner is well aware of reporting changes in her household. The question is pertaining to whether or not her current situation seriously hurts their chances of filing for AOS when the time comes.

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That wasn't very helpful at all. The petitioner is well aware of reporting changes in her household. The question is pertaining to whether or not her current situation seriously hurts their chances of filing for AOS when the time comes.

The same will go for filing for AOS. She will have to report income and martial status. Anyone can file for AOS as long as they meet the requirements.

Your orginal question was about the USC losing her means test housing. If she has reported her change in martial status to the correct agency and they have not done anything about it, the USCIS will not intervene.

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Filed: Timeline

The same will go for filing for AOS. She will have to report income and martial status. Anyone can file for AOS as long as they meet the requirements.

Your orginal question was about the USC losing her means test housing. If she has reported her change in martial status to the correct agency and they have not done anything about it, the USCIS will not intervene.

Your confusing me. I am trying to figure out what would constitute the beneficiary of a K-1 Visa as being a recipient of means tested benefits. Since the petitioner is currently receiving these benefits (yes to be reported when appropriate) would that make the beneficiary of the K-1 Visa a beneficiary of means tested benefits by default, hence hurting their chances of successfully applying for and receiving AOS?

Edited by Muddled

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Filed: AOS (apr) Country: Philippines
Timeline

Your confusing me. I am trying to figure out what would constitute the beneficiary of a K-1 Visa as being a recipient of means tested benefits. Since the petitioner is currently receiving these benefits (yes to be reported when appropriate) would that make the beneficiary of the K-1 Visa a beneficiary of means tested benefits by default, hence hurting their chances of successfully applying for and receiving AOS?

It will not hurt your chances of AOS... If the USCIS has a qualified sponsor then they will not deny because of this...

The real question should be will the US government pursue reimbursement from the person who is the REAL qualified sponsor...


YMMV

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I am not confusing you, you need to separate the two.

Does she qualified to apply for a K1 visa?

  • USC
  • Single

Financial obligation:

  • Meet the poverty income
  • if not - have a co-sponsor
  • USC must file a I-134 as sponsor along with the co-sponsor
  • If not income tax to be reported , must indicate why

Means test benefits are applied and varies by states. If her state accepts her change in status, without chnaging her means -test benefits then that is up to them.

The SO can not be a benefit receiver of means test benefits until they have been a LPR and been in the USC 3-5 years. So what that is saying is that- he should not be living with the SO in her means test benefit housing.

Edited by LIFE'SJOURNEY

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Filed: Timeline

It will not hurt your chances of AOS... If the USCIS has a qualified sponsor then they will not deny because of this...

The real question should be will the US government pursue reimbursement from the person who is the REAL qualified sponsor...

I take that to mean then that the beneficiary of the K-1 would be considered the recipient of MTB by default because the petitioner is the recipient of benefits at the time of filing and the time of marriage. Would that be the correct way to understand this?

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Filed: Timeline

So what that is saying is that- he should not be living with the SO in her means test benefit housing.

Basically, even though they would be lawfully wed, if the petitioner decides to stay in her subsidized apartment, her and the beneficiary would not be able to reside together as man and wife? They would have to live separately unless the petitioner vacates her current residence?

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Filed: Citizen (apr) Country: Iran
Timeline

Try the link here My link. I would say the best advise as far as whether he could leave in subsidized housing with you would be the agency you receive your benefits from. Make an appointment with your caseworker and discuss the issue with them as these types of benefits, housing, food stamps, etc are run by state agencies.

As to the immigration side of it, as long as you and/or a co-sponsor meet the income requirements it will have no determination on the issuance or denial of the visa that I am aware of.

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Filed: Timeline

Try the link here My link. I would say the best advise as far as whether he could leave in subsidized housing with you would be the agency you receive your benefits from. Make an appointment with your caseworker and discuss the issue with them as these types of benefits, housing, food stamps, etc are run by state agencies.

As to the immigration side of it, as long as you and/or a co-sponsor meet the income requirements it will have no determination on the issuance or denial of the visa that I am aware of.

Thank you for that very useful information Belinda.

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What often happens with subsidized housing and food stamps (hate that terminology) is the immigrant is not counted in the household size. OR if they are counted, they are 'discounted'.

In that way, the immigrant and the US family do not "benefit" from the addition of another person.

I am not confusing you, you need to separate the two.

Does she qualified to apply for a K1 visa?

  • USC
  • Single

Financial obligation:

  • Meet the poverty income
  • if not - have a co-sponsor
  • USC must file a I-134 as sponsor along with the co-sponsor
  • If not income tax to be reported , must indicate why

Means test benefits are applied and varies by states. If her state accepts her change in status, without chnaging her means -test benefits then that is up to them.

The SO can not be a benefit receiver of means test benefits until they have been a LPR and been in the USC 3-5 years. So what that is saying is that- he should not be living with the SO in her means test benefit housing.

Wrong.

Please leave your judgments out of the facts.


Our journey together on this earth has come to an end.

I will see you one day again, my love.

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Filed: Timeline

So as far as the petitioner's use of MTB goes, the beneficiary's existence in the household will basically be ignored? He won't be the recipient of MTB by default and therefore no worse for wear when filing for AOS? If that is the case that is really good to know.

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