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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


6/29/12 AOS Package mailed Chicago Lockbox

7/01/12 Package delivered

7/09/12 NOA email notification

7/14/12 Received hard copy of NOA in the mail

7/16/12 Received biometric appointment letter for 8/01/12

7/23/12 Successful walk in Biometrics

8/15/12 Received email for interview notice

8/17/12 Received interview notice in the mail

9/10/12 EAD card ordered, (didnt get email or text checked it on USCIS website)

9/18/12 EAD card received in the mail

9/18/12 Interview done, approved on the spot!

9/19/12 Got email that approval notice was mailed out on 9/18/12

9/22/12 Received Approval notice in the mail

9/24/12 Got email that greencard was sent in the mail

9/26/12 Received greencard in the mail, thank you lord!

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Filed: AOS (apr) Country: Canada
Timeline

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.


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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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.


41Ihm7.png

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Filed: AOS (apr) Country: Canada
Timeline

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 by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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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


6/29/12 AOS Package mailed Chicago Lockbox

7/01/12 Package delivered

7/09/12 NOA email notification

7/14/12 Received hard copy of NOA in the mail

7/16/12 Received biometric appointment letter for 8/01/12

7/23/12 Successful walk in Biometrics

8/15/12 Received email for interview notice

8/17/12 Received interview notice in the mail

9/10/12 EAD card ordered, (didnt get email or text checked it on USCIS website)

9/18/12 EAD card received in the mail

9/18/12 Interview done, approved on the spot!

9/19/12 Got email that approval notice was mailed out on 9/18/12

9/22/12 Received Approval notice in the mail

9/24/12 Got email that greencard was sent in the mail

9/26/12 Received greencard in the mail, thank you lord!

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Filed: Citizen (apr) Country: Nigeria
Timeline

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.


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

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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.


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: Country: Vietnam (no flag)
Timeline

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.

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Filed: AOS (apr) Country: Canada
Timeline

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.


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Filed: Citizen (apr) Country: Ireland
Timeline

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


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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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.


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: Canada
Timeline

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


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

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Filed: AOS (apr) Country: Canada
Timeline

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.


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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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.


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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