Food Stamps before AOS

[njrichardson 0]

My spouse arrived in the U.S. in August 2010. We have yet to apply for AOS because we do not have the funds at the time.

We were thinking on applying for food stamps. Would this be a bad idea? What would happen if we are approved and the we begin the AOS process, would it hurt it?

Thanks in advance.

[Jewel-8 21]

My spouse arrived in the U.S. in August 2010. We have yet to apply for AOS because we do not have the funds at the time.

We were thinking on applying for food stamps. Would this be a bad idea? What would happen if we are approved and the we begin the AOS process, would it hurt it?

Thanks in advance.

It will probably raise some flags. Did you have a sponsor for the I-134?

[Mononoke28 134]

My spouse arrived in the U.S. in August 2010. We have yet to apply for AOS because we do not have the funds at the time.

We were thinking on applying for food stamps. Would this be a bad idea? What would happen if we are approved and the we begin the AOS process, would it hurt it?

Thanks in advance.

I think it's best if the US citizen applies for food stamps so it doesn't raise any red flags. As far as filing for AOS, all you need to do is get a co-sponsor if you don't make enough a year and that's that.

Good luck!

Diana

[amykathleen2005 441]

I could be wrong, but I thought that the whole reason that you had to have a sponsor or cosponsor at the K-1 level is so you don't attempt to get on benefits as soon as you arrive in the country....

[JimVaPhuong 4,863]

My spouse arrived in the U.S. in August 2010. We have yet to apply for AOS because we do not have the funds at the time.

We were thinking on applying for food stamps. Would this be a bad idea? What would happen if we are approved and the we begin the AOS process, would it hurt it?

Thanks in advance.

You (the USC) can apply for food stamps. Your spouse cannot as your spouse is still technically a non-immigrant visitor to the US. They will not consider your spouse when determining the amount of food stamps you will qualify for. Once your spouse becomes a permanent resident then they may technically qualify for food stamps, but the government can come after you - the primary sponsor - for reimbursement of any benefits they receive. In other words, you should not let your spouse apply, even after they become a permanent resident.

Collecting food stamps should not adversely affect the AOS, presuming you have a well qualified co-sponsor.

[njrichardson 0]

I (US citizen) would be applying for the food stamp assistance. I did not need a co-sponsor at the time of filing the K-1. However, on the local food benefits website, they have a calculator in which you can enter your information (monthly earnings, number of people in household, etc) and determine unofficially if you would be able to receive benefits before applying. I did apply, and I do have a interview on Friday. I am just wondering if this will effect the process when we file AOS. It asked how many people living in residence and for their SS #'s, and since my non-US citizen husband has received his SS card I put his SS#. So now I'm wondering if it would just be wise to skip this all and forget it for the time being.

[JimVaPhuong 4,863]

I (US citizen) would be applying for the food stamp assistance. I did not need a co-sponsor at the time of filing the K-1. However, on the local food benefits website, they have a calculator in which you can enter your information (monthly earnings, number of people in household, etc) and determine unofficially if you would be able to receive benefits before applying. I did apply, and I do have a interview on Friday. I am just wondering if this will effect the process when we file AOS. It asked how many people living in residence and for their SS #'s, and since my non-US citizen husband has received his SS card I put his SS#. So now I'm wondering if it would just be wise to skip this all and forget it for the time being.

They're not supposed to consider him when they consider your household size because he's not legally eligible to receive benefits. If you are still eligible with one fewer household member then you can still collect benefits.

It can affect whether you are qualified to be the sole sponsor for the AOS. Qualifying isn't only a matter of meeting the minimum income requirements for the I-864. The IO has discretion. They are allowed to consider any factor when determining whether your spouse might become a public charge. If you are collecting means tested benefits then you aren't in a very good position to guarantee the US government that your spouse won't also collect them. They may require a co-sponsor.

[Rebecca Jo 1,962]

They're not supposed to consider him when they consider your household size because he's not legally eligible to receive benefits. If you are still eligible with one fewer household member then you can still collect benefits.

It can affect whether you are qualified to be the sole sponsor for the AOS. Qualifying isn't only a matter of meeting the minimum income requirements for the I-864. The IO has discretion. They are allowed to consider any factor when determining whether your spouse might become a public charge. If you are collecting means tested benefits then you aren't in a very good position to guarantee the US government that your spouse won't also collect them. They may require a co-sponsor.

Jim, there's plenty of anecdotal evidence out there which proves the usage of means-tested benefits by the primary sponsor is not a precursor to denial. I've known primary sponsors to be ON benefits when the affidavit is filed.

The problem comes in when the primary sponsor has a long HISTORY of usage of means-tested benefits. Or where they are or have drawn the whole shootin' match, especially cash benefits.

I personally would not discourage the OP from getting what she may well qualify and be entitled to. I think it's important that she somehow come up with the money to adjust her husband's status so that he can go to work, thereby helping the household's financial situation. If saving some money on groceries helps her do that, I say so be it.

[JoannaV 173]

When you have the interview for food stamps, be entirely open about your wife being a non-immigrant. Then you will have no worries about their approval being based on a lie.

As for once she is a permanent resident...she IS able to get aid such as WIC, food stamps, medicaid, housing assistance, energy assistance, etcetc. It is getting cash benefits that supplement income (such as SSI) that she won't be able to get.

It's kinda good if you manage to file for AOS within the 90 days, so if you can save money on food then it is entirely a good thing.

[JimVaPhuong 4,863]

Jim, there's plenty of anecdotal evidence out there which proves the usage of means-tested benefits by the primary sponsor is not a precursor to denial. I've known primary sponsors to be ON benefits when the affidavit is filed.

The problem comes in when the primary sponsor has a long HISTORY of usage of means-tested benefits. Or where they are or have drawn the whole shootin' match, especially cash benefits.

I personally would not discourage the OP from getting what she may well qualify and be entitled to. I think it's important that she somehow come up with the money to adjust her husband's status so that he can go to work, thereby helping the household's financial situation. If saving some money on groceries helps her do that, I say so be it.

I'm not discouraging anyone to apply for anything they might be qualified for. I'm saying a co-sponsor might be required by the IO. I also know a primary sponsor who was told to get a co-sponsor, in spite of clearing the income threshold by just under $3000, because she was collecting food stamps. The IO has discretion. It never hurts to be prepared.

When you have the interview for food stamps, be entirely open about your wife being a non-immigrant. Then you will have no worries about their approval being based on a lie.

As for once she is a permanent resident...she IS able to get aid such as WIC, food stamps, medicaid, housing assistance, energy assistance, etcetc. It is getting cash benefits that supplement income (such as SSI) that she won't be able to get.

It's kinda good if you manage to file for AOS within the 90 days, so if you can save money on food then it is entirely a good thing.

Yes, a permanent resident can collect non-cash benefits, and can even collect cash benefits provided they aren't meant to augment income. Collecting these benefits does not make them a "public charge". The problem is that the affidavit of support can be enforced against the sponsor if they do. It doesn't help their situation if the immigrant spouse collects benefits and then the non-immigrant spouse has to repay the government for those benefits.

[Myopia 93]

When you have the interview for food stamps, be entirely open about your wife being a non-immigrant. Then you will have no worries about their approval being based on a lie.

As for once she is a permanent resident...she IS able to get aid such as WIC, food stamps, medicaid, housing assistance, energy assistance, etcetc. It is getting cash benefits that supplement income (such as SSI) that she won't be able to get.

It's kinda good if you manage to file for AOS within the 90 days, so if you can save money on food then it is entirely a good thing.

She wont be eligible for at least 5 years but they do have to take the household size into account even if shes ineligible and even though he wont get more money as a result..he may get less by the time they do their crazy calculations.

[JoannaV 173]

She wont be eligible for at least 5 years but they do have to take the household size into account even if shes ineligible and even though he wont get more money as a result..he may get less by the time they do their crazy calculations.

I always figure that if someone can't find the answer themselves using google then the best advice to give them is to go and ask the agency itself directly, rather than rely on forum answers. Too many times I have read things like "a permanent resident can never get any form of welfare". Without knowing the whole situation there is a risk that the advice given on the forum will lead to someone not getting the help they need. For example, for all we know the OP might be in the military, or his spouse might be disabled. (Or people reading this thread in the future might be.) In which case she would be eligible before 5 years.

[Myopia 93]

I always figure that if someone can't find the answer themselves using google then the best advice to give them is to go and ask the agency itself directly, rather than rely on forum answers. Too many times I have read things like "a permanent resident can never get any form of welfare". Without knowing the whole situation there is a risk that the advice given on the forum will lead to someone not getting the help they need. For example, for all we know the OP might be in the military, or his spouse might be disabled. (Or people reading this thread in the future might be.) In which case she would be eligible before 5 years.

Alternatively they can ask someone who has first hand knowledge of the requirements of foodstamps. Generally speaking ,a LPR cant get benefits until they have been in the US for 5 years.

Edited October 7, 2010 by Myopia

[njrichardson 0]

Thank you all for your responses.

@JonnaV, neither me (US citizen) or my husband (non-US citizen) is in the military or disabled.

I do know that if I only considered myself that the system considers me not eligible to receive food stamp assistance, according to them. So it would probably be best if we just hold off on this. It would help a lot to be able to receive the assistance, but it isn't worth it if it will do damage. I don't want anything to hurt the AOS process when we begin to apply. And plus, like the majority was saying here is that I cannot consider my husband (non-US citizen) when applying for them.

Edited October 7, 2010 by njrichardson