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Anon1111

Food Stamp Benefits for USC (not immigrant)

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Filed: AOS (pnd) Country: South Korea
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Hello fellow VisaJourney members,

I just have a question regarding food stamp and I-864.

I am married to a USC wife and I have received my permanent resident card through marriage.

My wife didn't make enough income to sponsor me and sign I-864 so we asked a family friend to do it for us.

I understand from the contract outlined on the I-864 that if I use any means tested public benefits (such as Medicaid and food stamps), my family friend (the sponsor) will be held liable for that.

However, the question is, what if my wife applies for food stamp since she may qualify due to her income?

Would the family friend who sponsored us still be held liable for my wife applying for food stamp?

I have no intention of getting food stamp as it would make my friend held liable and she would have to pay back to the government.

And I do not want to do that to her.

(I know this may looks similar to other posts regarding food stamp but my case is different because the sponsor who signed I-864 is not my wife but my family friend.)

Thank you for your time :)

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Filed: Citizen (apr) Country: Nigeria
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Your wife as a USC can apply and get benefits , she needs to carefully monitor how they fill out the application. She must qualify as though she is one person but if you are working both incomes count.

Edited by NigeriaorBust

This will not be over quickly. You will not enjoy this.

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Filed: AOS (pnd) Country: South Korea
Timeline

"she needs to carefully monitor how they fill out the application. She must qualify as though she is one person but if you are working both incomes count."

What do you mean by this?

And how would she exactly do what you suggest?

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She should just be honest when filling out the application that her spouse is an LPR and not eligible for food stamps.

Nonetheless, they will consider both of your incomes if you are both working even though if approved only she will receive food stamps.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: Citizen (apr) Country: Nigeria
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"she needs to carefully monitor how they fill out the application. She must qualify as though she is one person but if you are working both incomes count."

What do you mean by this?

And how would she exactly do what you suggest?

The people that may try to include him in the standard "how many people in your household" question. She needs to clearly state that her husband can NOT get foodstanps. She needs to review the application before she signs it.

Edited by NigeriaorBust

This will not be over quickly. You will not enjoy this.

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Filed: Citizen (apr) Country: Australia
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I know this may looks similar to other posts regarding food stamp but my case is different because the sponsor who signed I-864 is not my wife but my family friend.)

Actually your wife signed an I-864 as well as your friend. Both your wife AND your friend would be required to pay back any benefit you try and obtain.

As you have been an LPR less than 5 years you are not eligible for foodstamps, but your wife of course is.

She needs to make sure she tells them that you are an LPR and not eligible. Your income is counted but you aren't.

So for example: Let's say the threshold to be eligible for foodstamps a household of one needs to earn less than $20K a year. Alone your wife makes $15K (so it would appear she's eligible) HOWEVER the "household income" is what matters. So even though the household count is still 1 (you're not allowed to be included) the household INCOME includes that $10K you earn a year, taking your wife's household income over the threshold making her ineligible to receive benefits... make sense?

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Filed: AOS (pnd) Country: South Korea
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Ohhhh, now I understand.

I thought she wouldn't be eligible for food stamps because of I-864 but I guess that's not the case.

Thank you all so much for answering with details :)

The application for food stamp is online so I guess I'll let my wife know when she fills it out.

Thank you very much again!

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