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Denial if receiving public assistance?

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Filed: Timeline

Hi everyone,

I am going to do the petition for the Fiance Visa to bring my Mexican boyfriend up here. I am ready to begin the application; however, I am currently receiving unemployment benefits through the State of Minnesota (I do have a part-time job but am considered "underemployed") and I am also receiving food stamps and have state healthcare.

Does anyone know if I could have a good chance of getting denied for receiving public assistance benefits? If so, is it "worse" to receive one over another? I am totally willing to cancel one or all of them to avoid getting denied the petition.

Also, as a side note, my mom is willing to do the Affidavit of Support form and include proofs of her income to sponsor my boyfriend.

Any insight would be much appreciated!

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Filed: Citizen (apr) Country: Wales
Timeline

It shouldn't be an issue so long as you can meet the income requirements, be that with a sponsor or without. In your case, your mother will need to sponsor your entire application and their income must be 125% of the poverty limit for her household including you and your fiancée. So if she has two kids with you being one of them, she would need to cover a household size of four.

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Hi everyone,

I am going to do the petition for the Fiance Visa to bring my Mexican boyfriend up here. I am ready to begin the application; however, I am currently receiving unemployment benefits through the State of Minnesota (I do have a part-time job but am considered "underemployed") and I am also receiving food stamps and have state healthcare.

Does anyone know if I could have a good chance of getting denied for receiving public assistance benefits? If so, is it "worse" to receive one over another? I am totally willing to cancel one or all of them to avoid getting denied the petition.

Also, as a side note, my mom is willing to do the Affidavit of Support form and include proofs of her income to sponsor my boyfriend.

Any insight would be much appreciated!

US Citizens can receive assistance. It's the immigrants who are restricted. It will not disqualify you.

If your income is below the requirement then you will need a joint sponsor. It sounds like you've got one lined up.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Citizen (apr) Country: Wales
Timeline

Just as an addendum, many people are not aware that there are in fact TWO fees to pay for the K1 process and that does not include the medical fee.

Once in the USA you'll need to pay over a thousand dollars for adjustment of status. Your fiancée will not be able to work until AOS completes, or they receive their temporary work permit (if they applied for it) which will be some three months after you apply.

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Filed: IR-1/CR-1 Visa Country: Ghana
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i was in the same situation i was on food stamps i was laid off ur fine. if ur mom lives in a different house then she doewsnt need to meet ur household requirements only her own so if u have ten children and ur mom only child is u and u r over 18 ur mom only has to meet the houselhold requirement for 2. my husband was appoved at his interview and picked his visa up today u actually can get an expedited case due to financial hardship u can look at my timeline i used that excuse u just have to word it like u r suffering on one income and if ur fiance is here he can quickly apply to help out financially trust me it works i was expedited through uscis and nvc

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Filed: K-1 Visa Country: Peru
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Fiances can't work from Day 1--there is quite a delay where the fiance is supported until AOS.

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Filed: Timeline

It shouldn't be an issue so long as you can meet the income requirements, be that with a sponsor or without. In your case, your mother will need to sponsor your entire application and their income must be 125% of the poverty limit for her household including you and your fiancée. So if she has two kids with you being one of them, she would need to cover a household size of four.

Ok, thank you. My brother and sister are 28 and 24 respectively (and live independently on their own) so I don't think she would need to include them in her household size, correct? Also, I don't live with my mom - I live on my own with two friends - so would I still be included in her household size?

Edited by J-Vo
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Filed: Timeline

Just as an addendum, many people are not aware that there are in fact TWO fees to pay for the K1 process and that does not include the medical fee.

Once in the USA you'll need to pay over a thousand dollars for adjustment of status. Your fiancée will not be able to work until AOS completes, or they receive their temporary work permit (if they applied for it) which will be some three months after you apply.

I have a question for you related to this post. Since my boyfriend is a musician, he can earn money as all musicians do - cash - until we have saved up enough money to adjust his status and pay the $1,000 fee. That said, is the adjustment of status $1000 fee only for those who intend to get a regular on-the-books job? Or is it a requirement for anyone, regardless of income source.

Edited by J-Vo
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Filed: Timeline

Hi everyone,

I am going to do the petition for the Fiance Visa to bring my Mexican boyfriend up here. I am ready to begin the application; however, I am currently receiving unemployment benefits through the State of Minnesota (I do have a part-time job but am considered "underemployed") and I am also receiving food stamps and have state healthcare.

Does anyone know if I could have a good chance of getting denied for receiving public assistance benefits? If so, is it "worse" to receive one over another? I am totally willing to cancel one or all of them to avoid getting denied the petition.

Also, as a side note, my mom is willing to do the Affidavit of Support form and include proofs of her income to sponsor my boyfriend.

Any insight would be much appreciated!

no problem as long that you meet the income proverty guidelines..even u don't but have co-sponsor you be okay...ALSO when he gets here...DO NOT include him for your foodstamp if not you will end up paying for it..then at that time because you need to report him as one of the member of your household maybe consider cancel it...not like public housing benefits USCIS don't consider that as an means tested. goodluck

The longer it takes to happen the more you'll appreciate it when it does!

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I have a question for you related to this post. Since my boyfriend is a musician, he can earn money as all musicians do - cash - until we have saved up enough money to adjust his status and pay the $1,000 fee. That said, is the adjustment of status $1000 fee only for those who intend to get a regular on-the-books job? Or is it a requirement for anyone, regardless of income source.

Your boyfriend cannot legally work in the states until he has an EAD, that comes after you are married and have paid the $1000 to start your AOS, thankfully there are no handouts when it comes to this. You may want to keep that gov't gravy train running for a while.

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