food stamp

[him4life 13]

hello friends

Today me and a friend was having a debate, she is the non US citizen and is now pregnant, her husband is the USC, they are doing AOS, the husband is already on foodstamps and is planning to apply for medicaid, due to the pregnancy, will this affect their AOS process with immigration? they also have a joint sponsor.

your feedback will be greatly appreciated

thanks for your help in advance

[jdh 103]

The I-864 clearly says that you are not allowed to collect benefits when you are petitioning an applicant. There is no debate on that.

When he signed the affidavit of support he made a commitment to support the applicant and part of that oath included the fact that he would not collect benefits and if he did than they could fine him and he will have to pay back everything he has collected.

[lambchop4life 6]

hello friends

Today me and a friend was having a debate, she is the non US citizen and is now pregnant, her husband is the USC, they are doing AOS, the husband is already on foodstamps and is planning to apply for medicaid, due to the pregnancy, will this affect their AOS process with immigration? they also have a joint sponsor.

your feedback will be greatly appreciated

thanks for your help in advance

Wow comment sense would tell you not to get anyone pregnant if you can't afford it let alone be on food stamp.

[aaron2020 11,651]

The I-864 clearly says that you are not allowed to collect benefits when you are petitioning an applicant. There is no debate on that. Funny cuz it's wrong.

When he signed the affidavit of support he made a commitment to support the applicant and part of that oath included the fact that he would not collect benefits and if he did than they could fine him and he will have to pay back everything he has collected. Wrong. Show me where the signer of the I-864 makes the commitment not to collect benefits for himself, a qualified US citizen.

This is completely incorrect.

The US citizen husband can receive food stamps and Medicaid. The child (when he/she is born) will be a US citizen entitled to food stamps and Medicaid. The LPR spouse is not eligible for food stamp or regular Medicaid for the first five years in most cases. The LPR spouse is eligible for emergency Medicaid (such as emergency delivery).

The signers of the I-864 agree to reimburse the US government if the immigrant receives a means tested benefit. This applies only to reimbursement for benefits used by the immigrant. The US citizen petitioner can still receive food stamp and Medicaid.

Edited April 13, 2012 by aaron2020

[jdh 103]

I stand corrected...I thought it applied to the sponsor as well.

Although I don't see how you can really seperate the two in a marriage...

Edited April 13, 2012 by jdh

[him4life 13]

thanks aaron, but will her AOS be denied if the husband is on foodstamp? will they take it to meaning that he will not be able to financially support his wife? although they have joint sponsor

[NigeriaorBust 4,087]

Their AOS could be rejected even with a joint sponsor. They may see their current state as an indicator that they are very apt to apply for benefits that are means tested. They do not want to approve today , sue tomorrow. So if they believe that will be the case they can and will deny AOS.

[ceadsearc 515]

Typically if he meets the income guidelines to qualify for Medicaid he won't meet the minimum guidelines for the I-864 so they will need a joint sponsor.

Food stamps and Medicaid aren't considered in public charge determination so that's not an issue.

Keep in mind that while the spouse may be eligible for emergency Medicaid for pregnancy, it is still a means-tested benefit so the USC spouse could still be asked to pay it back.

[aaron2020 11,651]

As long as the Joint Sponsor meets the I-864 requirements, there is no I-864 problem. Husband can get whatever benefits that he is entitled to. His situation does not matter. The Joint Sponsor has already met the I-864 requirements.

If the immigrant gets a means tested benefit, then the I-864 kicks in. If the petitioner gets a means tested benefit, who cares - there is no I-864 obligation when he receives a benefit.

[jdh 103]

As long as the Joint Sponsor meets the I-864 requirements, there is no I-864 problem. Husband can get whatever benefits that he is entitled to. His situation does not matter. The Joint Sponsor has already met the I-864 requirements.

If the immigrant gets a means tested benefit, then the I-864 kicks in. If the petitioner gets a means tested benefit, who cares - there is no I-864 obligation when he receives a benefit.

When you get those means tested benefits do you not have to list everyone in your household? You aren't just getting it for yourself you are getting it to help everyone in our house...

I fail to see the difference.

[Penguin_ie 5,985]

*** One unprovoked personal attack removed. Stay civil or further administrative action will be taken ****

[ceadsearc 515]

When you get those means tested benefits do you not have to list everyone in your household? You aren't just getting it for yourself you are getting it to help everyone in our house...

I fail to see the difference.

You list everyone. Everyone's income is counted. You are only given enough for the USCs, though. IE if there is a USC husband and LPR wife the husband would only be given enough food stamps to buy food for himself. If he got Medicaid, only he would be listed on the plan and given an insurance card, etc. But if his wife worked, her income would be taken into consideration along with his to determine if he qualifies.

[Kathryn41 3,205]

Further post violating TOS has been removed and account has been permanently banned for repetitive TOS viiolations.

[jdh 103]

You list everyone. Everyone's income is counted. You are only given enough for the USCs, though. IE if there is a USC husband and LPR wife the husband would only be given enough food stamps to buy food for himself. If he got Medicaid, only he would be listed on the plan and given an insurance card, etc. But if his wife worked, her income would be taken into consideration along with his to determine if he qualifies.

I see, so basically her income, if she worked, would actually lower what he was eligible for as well.

That does make some sense...some.

[ceadsearc 515]

I see, so basically her income, if she worked, would actually lower what he was eligible for as well.

That does make some sense...some.

Exactly. If together they make too much to qualify then he cannot get anything either, even if he would be eligible on his income alone.