AOS

[CowboySweetheart 5]

One thing you said stuck out for me. You said you applied for Medicaid? This might be a problem when you apply for AOS since the USA does not want the immigrant to become a public charge. Does you husband earn more than 125% above the poverty index? ( Maybe a VJ member with a similar situation can share.)

Yes,Medicaid for the baby,born in USA and therefore for me for the medical expeneses related to birth.Otherwise we pay everything out of pocket .And yes,my husband earns above 125% poverty index,thank God.I don't know guys,right now,I don't care what problem they may have with this.For the last two years I don't have anything on my mind just how to get this done,what papers do I need,how much money...it is just been crazy.We are just gonna send the file and be GOD'S will.Whatever may be!!!

Thank you Tom&Tanya!

[KayDeeCee 4,892]

One thing you said stuck out for me. You said you applied for Medicaid? This might be a problem when you apply for AOS since the USA does not want the immigrant to become a public charge. Does you husband earn more than 125% above the poverty index? ( Maybe a VJ member with a similar situation can share.)

As Vanessa&Tony posted above in post #23, Medicaid is not subject to public charge consideration.

"Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:

* Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services) other than support for long-term institutional care

* Children's Health Insurance Program (CHIP)

* Nutrition programs, including the Supplemental Nutrition Assistance Program (SNAP)- commonly referred to as Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

* Housing benefits

* Child care services

* Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

* Emergency disaster relief

* Foster care and adoption assistance

* Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary or higher education

* Job training programs

* In-kind, community-based programs, services or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

* Non-cash benefits under TANF such as subsidized child care or transit subsidies

* Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, and other forms of earned benefits

* Unemployment compensation"

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

[CowboySweetheart 5]

As Vanessa&Tony posted above in post #23, Medicaid is not subject to public charge consideration.

"Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:

* Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services) other than support for long-term institutional care

* Children's Health Insurance Program (CHIP)

* Nutrition programs, including the Supplemental Nutrition Assistance Program (SNAP)- commonly referred to as Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

* Housing benefits

* Child care services

* Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

* Emergency disaster relief

* Foster care and adoption assistance

* Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary or higher education

* Job training programs

* In-kind, community-based programs, services or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

* Non-cash benefits under TANF such as subsidized child care or transit subsidies

* Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, and other forms of earned benefits

* Unemployment compensation"

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

Thank you Kay!! Thank you all! God bless and good luck to all!!

[CowboySweetheart 5]

Oooo so now I understand why you were unnaturally upset about my post. It had nothing to do with you. K1's are still perfectly able to adjust status after being out of status or accruing overstay. I in fact had 4 months of overstay when I AOS'd.

ICE won't chase you down to deport you. I was stating IF caught by ICE you could be locked up. Unlikely deported just ordered to AOS immediately. I was also stating that a K1 doesn't NEED to get married in the 90 days, just if they want to AOS based on that status they should.

In your particular case if you've overstayed more than 2 years you should also file an I-130. That way you will get a 10 year GC instead of the 2 year that a K1 is required to get.

As for Medicaid: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD it is not subject to the Public Charge requirement so USCIS didn't need to "confirm" anything.

Regardless, I'm not saying you're not eligible to adjust status. I'm not saying they're going to deport you as soon as you try and AOS or whatever. I'm simply explaining that a K1 isn't "protected" by marrying in the 90 days. They're just like anyone else who marries a USC, protected by the marriage itself... excusing any criminal or visa stuff that excludes them from AOSing that is.

[/quote

Hi Vanessa!

You say I should file I-130 too.I don't know what to do,right now we don't have the $420 for I-130,and don't want to wait anymore.And if we file the I-130,do we need to file a separate one for my son too.Both,my son and I came o USA on K-1.Can we just send the AOS without I-130?What do you know?

Thank you!

Appreciate your time!

[VanessaTony 3,567]

Hi Vanessa!

You say I should file I-130 too.I don't know what to do,right now we don't have the $420 for I-130,and don't want to wait anymore.And if we file the I-130,do we need to file a separate one for my son too.Both,my son and I came o USA on K-1.Can we just send the AOS without I-130?What do you know?

Thank you!

Appreciate your time!

You can file without the I-130 but you will probably get the 2 year card, which means in 2 years playing LOTS more money having to ROC. If you do send the I-130 you don't need to ROC and will have a 10 year GC.

[CowboySweetheart 5]

You can file without the I-130 but you will probably get the 2 year card, which means in 2 years playing LOTS more money having to ROC. If you do send the I-130 you don't need to ROC and will have a 10 year GC.

Oh ok I see! Thank you so much!

[CowboySweetheart 5]

Hi Everybody!

Need advice please.I am not sure about I-485 for my son.He is applying the same time I do,so do I need to file a separate I-485 form for him also,right?Or am I wrong?Just included on my I-485? I am confused!

Thank you in advance and good luck to you all!We are about to mail our AOS this weekend!GOD is good!

[VanessaTony 3,567]

Hi Everybody!

Need advice please.I am not sure about I-485 for my son.He is applying the same time I do,so do I need to file a separate I-485 form for him also,right?Or am I wrong?Just included on my I-485? I am confused!

Thank you in advance and good luck to you all!We are about to mail our AOS this weekend!GOD is good!

Yes separate one for your son (plus fee, the price depends on his age) and also an I-130 for him.

[CowboySweetheart 5]

Yes separate one for your son (plus fee, the price depends on his age) and also an I-130 for him.

Alright! Thanks a lot!