Are We in Trouble?

[danver 15]

Hello fellow Vj,ers

Just wanna ask and would greatly appreciate ur help.

I came here on a K1 visa and hubby is still unemployed for almost 3 yrs now. SInce he lost his job we are getting food stamps. I am the only one working since he lost his job.

Here are my concern:

1. Since hubby filed the Affidavit of Support for me when we started the K1..are we now in trouble for getting Food stamps? He is unemployed for almost 3 years now and his health is not in great shape .

2. The food stamp is in my hubby's name and that being said,, are we not in trouble for getting this government benefits though he signed the Affidavit of support for me and my 2 kids the time comes that i will submit my application for citizenship?

thanks

[ceadsearc 515]

You say the food stamps are in his name. Is he the only one receiving them? You and your kids aren't eligible for them so he should only be receiving enough for one person. As a USC he is entitled to that and it is not an issue.

If you are all receiving food stamps, the government has the right to come after him to pay them back if they so choose.

[danver 15]

You say the food stamps are in his name. Is he the only one receiving them? You and your kids aren't eligible for them so he should only be receiving enough for one person. As a USC he is entitled to that and it is not an issue.

If you are all receiving food stamps, the government has the right to come after him to pay them back if they so choose.

thanks for ur reply. I said the food stamp was on his name coz he is a US citizen and our 3 yr. old son. Me and my other 2 kids are not yet citizen that's why we are not eligible.Yes we all are receiving food stamps but we are not on the system just my husband and our 3 yr. old son who is a citizen. Is this gonna be a problem when i file for my citizenship?

Edited January 27, 2012 by danver

[Jessica24 3]

thanks for ur reply. I said the food stamp was on his name coz he is a US citizen and our 3 yr. old son. Me and my other 2 kids are not yet citizen that's why we are not eligible.Yes we all are receiving food stamps but we are not on the system just my husband and our 3 yr. old son who is a citizen. Is this gonna be a problem when i file for my citizenship?

It will surely create problems when you are going to submit your us citizenship form. Getting an immigration attorney, who has expertise in these matters, to take up your case will be of some help but then it will cost you a lot.

[Penguin_ie 5,984]

I am confused, are all the food stamps in the USC's name only (if he shares the food, that is his choice), or are some of them in your name? Are you and the non-USC kids listed anywhere as getting food stamps?

[NickD 202]

I am confused, are all the food stamps in the USC's name only (if he shares the food, that is his choice), or are some of them in your name? Are you and the non-USC kids listed anywhere as getting food stamps?

Just quickly reviewed all the questions asked on the N-400, nothing asked if your US citizen spouse is receiving food stamps or any other kind of charitable aid. Actually, no such questions for the applicant either. Sure make an issue about filing for federal income taxes, and from experience, to be on the safe side, wife also brought in our state income tax returns, "I DON'T WANT TO SEE THOSE" was the response from her IO.

Was a bit scary for me to sign that I-864 for two people, know bad things can happen, especially if you have a child with a medical pre-condition, kick them off your health insurance policy and take away just about everything you worked hard for so that child can be treated. Doesn't make a damn bit of difference if you already paid 15 years of outrageous health insurance for a well child, once they become ill, they are out. But fortunately my gals made it without getting hit by a hit and run driver, and could tear up that I-864 when they received their naturalization certificate. Now they can be hit, by a hit and run driver.

[Penguin_ie 5,984]

Just quickly reviewed all the questions asked on the N-400, nothing asked if your US citizen spouse is receiving food stamps or any other kind of charitable aid.

I agree, any issues would be regarding the I-864, not naturalisation. But the naturalisation background checks MAY bring up the food stamps issue and the USC sponsor then asked to pay back.

[ceadsearc 515]

I'm confused as well. Are you actually receiving food stamps? If so, how are you doing this without your name being listed anywhere? (Not you eating the food he gets with food stamps but actually receiving extra for you.)

[NickD 202]

Wondering how many criminal charges have been made due to the I-864. Tried doing a net search on this subject, just found a couple from lying on the application. Not sure how you can lie on this form, had to provide physical legal proof I had the bucks to bring my girls here. Know with the IRS, no way go getting around back taxes, no such thing as being dead broke and filing bankruptcy with them. But not sure about the USCIS on this subject, maybe they expect you to starve to death.

Sure doesn't help living in a country with leadership for the last 40 or so years that is giving our country away. And if they need more money, they can just print it, stealing further from us with inflation.

[Udella&Wiz 325]

Perhaps clear up the food stamp questions - you say only your USC husband and USC child are receiving them (not you and the 2 other kids) - do you just make the food you can get with those stretch between everyone or are you being claimed in any way by him as dependents on the foodstamp application? I don;t really knwo how it all works so that's why I'm asking.

As several folks have noted, there is nothing asking you whether you've claimed benefits (which you may well not have anyway)so doesn't seem like there's a problem. Assuming you've files your taxes and can shopw the prrof of marriage you require for this 3 yr application, it doesn't seem like you have an issue. There is no affidavit of support involved with the N400.

[danver 15]

Perhaps clear up the food stamp questions - you say only your USC husband and USC child are receiving them (not you and the 2 other kids) - do you just make the food you can get with those stretch between everyone or are you being claimed in any way by him as dependents on the foodstamp application? I don;t really knwo how it all works so that's why I'm asking.

As several folks have noted, there is nothing asking you whether you've claimed benefits (which you may well not have anyway)so doesn't seem like there's a problem. Assuming you've files your taxes and can shopw the prrof of marriage you require for this 3 yr application, it doesn't seem like you have an issue. There is no affidavit of support involved with the N400.

sorry guys but am still confused. The food stamp applicant was my USC husband. So even if we tried to apply( me and my 2 non USC kids) the application was only approved for 2 people( my USC husband and 3 yr.old son).

SO the food stamps were getting is basically for just 2 people and since we are family of course we eat too. Do i need to hire a lawyer when i file my ctizenship??

I dont think i lied in any immigration forms. They can check that truly my husband has been unemployed for almost 3 yrs. now. He is having a hard time getting a job because of his health.

SO my question is.YES or NO?? are we in trouble for getting food stamps?

Thanks a lot.

[ceadsearc 515]

Then you aren't receiving food stamps. If you were getting extras (ie for 3 people or something) that could potentially be a problem. But your husband getting them and you eating some is not as he (and your USC child) are the only ones getting actual food stamps.

[kstrozyk 13]

Is getting food stamps any issue as far as immigration is concerned? The only place I have seen that asks about receiving any help from public funds is on I-485 application. However, receiving food stamps is not an issue even when applying for adjustment. As far as USCIS is concerned, food stamps don't fall in the category of of public charge. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=829b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=829b0a5659083210VgnVCM100000082ca60aRCRD

[danver 15]

Is getting food stamps any issue as far as immigration is concerned? The only place I have seen that asks about receiving any help from public funds is on I-485 application. However, receiving food stamps is not an issue even when applying for adjustment. As far as USCIS is concerned, food stamps don't fall in the category of of public charge. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=829b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=829b0a5659083210VgnVCM100000082ca60aRCRD

Thanks for clearing that up for me.

[Udella&Wiz 325]

Then you aren't receiving food stamps. If you were getting extras (ie for 3 people or something) that could potentially be a problem. But your husband getting them and you eating some is not as he (and your USC child) are the only ones getting actual food stamps.

Agreed - I don't believe the OP has done anything wrong and neither does she have anything to worry about.