Are We in Trouble?

[I AM NOT THAT GUY 5,715]

WOW. The responses to this question have gotten technical by the minute. Here's a simple answer. If the OP did not put her name and signature on an application for food stamps, then there is no story. Her eating some of the food is none of the government's business since the husband (usc) got the food stamps on his own and can share with who ever he pleases. No need for the OP to lose sleep over this.

It gets even better. Since the ineligible immigrant is not deemed to be included in the household size, neither is the ineligible immigrant's income deemed to be including in calculating household income. So, she can earn as much money as she wants, and the out of work husband can still collect food stamps.

Edited January 30, 2012 by ☼

[Gary and Alla 3,694]

It gets even better. Since the ineligible immigrant is not deemed to be included in the household size, neither is the ineligible immigrant's income deemed to be including in calculating household income. So, she can earn as much money as she wants, and the out of work husband can still collect food stamps.

That is definitely not correct in Vermont. ALL household income is counted whether that household member is eligible or not. Alla does interpretations for people seeking assistance among other things and this is definitely the case here. Food stamps are administered by states and there MAY be exceptions, but to my knowledge all income counts.

[Gary and Alla 3,694]

First of all thank u so much. Now i don't have to worry. No i did not lie in any immigration form. The food stamps were getting was only good for 2 ppl (my USC husband and our 3 yr. old son). Me and my 2 kids who are non citizens were not on the system since we did not qualify. Me and my kids do not have Medicaid even . Again thank u so much

Your two children are eligible for medicaid if they are under 18 and legally present in the USA. Again I am using the standards we have here in Vermont and states CAN vary. The Federal government distributes money to the states for these programs and the states administer them under government guidelines. In general children are eligible for medicaid

You are fine, no worries.

[I AM NOT THAT GUY 5,715]

That is definitely not correct in Vermont. ALL household income is counted whether that household member is eligible or not. Alla does interpretations for people seeking assistance among other things and this is definitely the case here. Food stamps are administered by states and there MAY be exceptions, but to my knowledge all income counts.

You are right. It is up to the states, with some limitations:

COUNTING THE INCOME OF INELIGIBLE IMMIGRANTS

States have certain options about how to count the income of ineligible immigrants in determining the eligibility of a household and the amount of benefits it can receive. A state's choices among these options could greatly affect the amount of federal food stamps that immigrant households actually receive. Advocates can encourage states to adopt the most liberal options.

Immigrants ineligible under pre-1996 law. State agencies have discretion to decide whether to count all, or only a pro rata share, of the income of immigrant household members who were ineligible for food stamps under the pre-1996 rules. These include undocumented immigrants and those who are unable or unwilling to provide documentation of their immigration status.

Immigrants made ineligible by the 1996 welfare law. State agencies have discretion to decide whether to count a pro rata share, or none, of the income of immigrant household members who would have been eligible under the pre-1996 rules, but who lost eligibility due to the 1996 welfare law. These include "qualified" immigrants who are ineligible because they do not meet any of the welfare law's exceptions. A state must select one method for all such households. If an agency does not count an ineligible immigrant's income, the total household benefit cannot exceed the amount that would have been granted if the immigrant had been eligible for benefits.

[NickD 202]

Besides the I-864, there is also the I-864A where the immigrant can share the responsibility. You have to be extra good until you get your US naturalization, then you can tear up that I-864. That, or work your can off for ten years and pay huge taxes only to get a small fraction of that back if the need requires it.