Food stamp ramifications?

[NateM 0]

Hi everyone... I've been away from the forum for awhile, so I'll give some brief background/catch-up info... My wife arrived here on a K-1 a little over a year ago, and three months ago, we had our AOS interview. Things went well (Thank God!), and she received her 2 year Green Card. So now we have entered the next immigration phase, which, if I'm understanding things correctly, is filing an I-751 to lift conditional status before the two years is up.

It's been a rough year financially, as I've been laid off from two jobs (This had been my main concern with AOS, and we ended up using a co-sponsor). The second layoff occurred about 3 weeks before the AOS interview, and unfortunately, I am still looking for a job. It's to the point where I am considering getting food stamps, but I know that immigrants are not supposed to receive any "means based" assistance. Even though I would be the one applying for the food stamps, the app asks about marital status/household members to determine the amount to be received per month. Plus, since we are married, I am guessing the USCIS could likely interpret this as my wife receiving means based assistance. So basically, I'm wondering how big of a deal this could be or what could happen. At this phase of the immigration process... Could receiving food stamps in any way jeopardize my wife's US residency? Could we go to the interview (to lift conditional status) two years from now and be denied or told my wife has to leave the country due to us receiving 3-6 months worth of food stamps?

I actually asked a similar question on VJ prior to my wife's AOS. I kind of received mixed responses, but the general consensus seemed to be avoid applying for food stamps unless absolutely necessary just to be safe. I guess I am asking again because from what I've gathered, it appears lifting conditional status mainly requires evidence of a legitimate relationship, without so much focus on the financial end (though I may be mistaken on that - please tell me if I am). Sorry for the long post. I've italicized the main area of concern above if that helps. Any advice would be greatly appreciated.

[Old Dominion 26]

You are right -- financial matters have no place in the process of lifting conditions. The cosponsor would be legally liable over a decade to reimburse the government for the food stamp cost.

[NateM 0]

You are right -- financial matters have no place in the process of lifting conditions. The cosponsor would be legally liable over a decade to reimburse the government for the food stamp cost.

Thanks, Old Dominion... Anybody else have any input?

[Deputy Purple 1,294]

During the application process you should make then aware of the fact that your wife isn't eligible to receive food stamps as she hasn't been a LPR for 5 years. If approved they should then base your allotment on only you. This would effectively mean that your wife isn't receiving food stamps.

[T and M 1]

Thanks, Old Dominion... Anybody else have any input?

Sorry to hear about your job woes.

There are two aspects to this. First of all, welfare agencies are prohibited by federal law from providing Food Stamps, Medicaid health insurance coverage, or TANF child benefit assistance to any immigrant during his or her "five-year waiting period." So when you apply for Food Stamps, your wife will most likely not count as one of the human beings currently living in your household. You will therefore probably receive a food benefit for yourself and your (US citizen) children, but not for your immigrant wife.

The second aspect - having nothing to do with the "five-year waiting period" - is immigration law, which requires that all immigrants obtain a financial sponsor, in case they become a "burden to society." As Old Dominion wrote, this means that a sponsor (or cosponsor) could potentially be required to pay to maintain an immigrant if he or she gets seriously ill, is not able to work, or otherwise requires help. The US government assumes no responsibility for the well-being of immigrants.

Immigrants are eligible to apply for financial support after the five-year waiting period. An immigrant who receives Food Stamps for 3 months while he or she is between jobs is unlikely to be considered a "burden to society" by USCIS, and the sponsor would not likely be bothered to pay back the benefit. If, on the other hand, an immigrant is found to be receiving public support before his or her five year waiting period is up, he or she could face criminal charges. These would originate from the Department of Justice, not USCIS.

It would appear that you should definitely apply for food stamps as soon as possible for yourself and your children (if you have them). The ROC process has nothing to do with financial wellbeing. Just make sure that 1) Your wife doesn't break federal law by receiving benefits within her five-year waiting period, and 2) Make sure to get back on your feet soon or your wife's immigration sponsors and co-sponsors could be on the hook for her financial wellbeing down the road. This is assuming that your wife cannot work and thus avoid becoming what USCIS calls a "burden to society."

Good luck in the job search!

[Tick Tock 3]

Hey there NateM,

Have you looked up any information on the food stamp program offered in your state?

In reading your thread, I decided to look up the program offered in NC. They have guidelines for qualifications - I am not sure if these vary from state to state.

For NC, here's the bit that I thought would apply to your situation - though of course you may not be in NC.

Household Composition

Individuals residing together, but purchasing and preparing their meals separately, may participate in FNS as a separate household. Some individuals must participate in FNS as one household even though they purchase and prepare their meals separately.

Individuals who must participate in FNS as one household are:

* Individuals living together who purchase/prepare their food together or will do so upon receipt of food assistance

* Spouses living together or individuals representing themselves as husband and wife to the community

* Individuals under 22 living with a parent

* Individuals under 18 under the parental control of an adult living in the home; or

* Two unmarried adults living in the same home who are parents of a mutual child

Citizenship/Immigration Status

Each member of the FNS household must be a U. S. Citizen or an immigrant admitted to the United States under a specific immigration status. Citizens and eligible immigrants must also meet all other FNS eligibility requirements to receive assistance.

Bolded parts would be applicable in your situation. So, I think that if you have not already, you should first see what your state's program requires to qualify. Income is one thing, but in some cases you must count X individual (like for NC) as well.

I wish you the best of luck. Here's a thread you may find useful in helping to save money on things like groceries. Your mileage may vary but I do hope it can help some.

http://www.visajourney.com/forums/topic/119715-bargain-shopping-forum/