medicaid...

[Ja&Jo 1]

My fiance is my sponsor, and is in the process of getting new health insurance with the new obamacare coming in affect. Since, he was caretaking his mother this year and did make an income he qualifies for Medicaid. He is sponsoring me solely on his assets, not income.

My question... Will it affect the I-134 sponsorship if he is using medicaid? Will they look at it as a pubilc benefit and then wonder if I will also use medicaid.

Thanks for all of your help during this process!

[sparkles_ 462]

I would say no. The USCIS guide says only cash benefits are a no-no. Medicaid, food stamps are OK. I got it while doing my ex's case.

[Ja&Jo 1]

I would say no. The USCIS guide says only cash benefits are a no-no. Medicaid, food stamps are OK. I got it while doing my ex's case.

were you your ex's sponsor or did you have a joint sponsor?

[newacct 688]

My fiance is my sponsor, and is in the process of getting new health insurance with the new obamacare coming in affect. Since, he was caretaking his mother this year and did make an income he qualifies for Medicaid. He is sponsoring me solely on his assets, not income.

My question... Will it affect the I-134 sponsorship if he is using medicaid? Will they look at it as a pubilc benefit and then wonder if I will also use medicaid.

Thanks for all of your help during this process!

Your fiance is a U.S. citizen and can get whatever he wants. For affidavit of support, what matters is his current income and assets. Nowhere does it ask about the sponsor's benefits.

[Ja&Jo 1]

Your fiance is a U.S. citizen and can get whatever he wants. For affidavit of support, what matters is his current income and assets. Nowhere does it ask about the sponsor's benefits.

ok...i understand that. I guess i could be a little hypersensitive in that if during the K1 interview and then the AOS interview, if they see he is using public benefits then they may think that I will use public benefits. Again, his income is under the poverty level and he is sponsoring me with his assets.

[aaron2020 11,651]

A USC can use any public benefit that he qualifies for. His use of Medicaid should not be a problem for you on the AOS.

However, I am curious. To qualify for Medicaid, a recipient must have less than $2000 in countable assets. Assets that are not counted are a primary resident and one car. A primary residence and one car is not countable as assets for the AOS also. So, where did these assets that he is using to sponsor you come from when he is getting Medicaid because he has less than $2000 in assets?

http://www.ehow.com/info_8057090_assets-can-keep-applying-medicaid.html

Most state Medicaid programs limit the amount of assets some individuals are allowed to maintain. As of 2011, the limit is typically $2,000 per person or $3,000 per couple, but the amount will vary depending on the state. While this amount may seem low, it does not include all assets. Certain assets are exempt.

Edited October 29, 2013 by aaron2020

[KayDeeCee 4,900]

ok...i understand that. I guess i could be a little hypersensitive in that if during the K1 interview and then the AOS interview, if they see he is using public benefits then they may think that I will use public benefits. Again, his income is under the poverty level and he is sponsoring me with his assets.

It is quite possible the CO will think that way. It is up to the sole discretion of each individual CO on a case by case basis, so you just really can never truly know what a CO will think or do. Having a co-sponsor lined up might be in your best interest, especially since his income does not meet the requirement and he is using assets to qualify.

[NigeriaorBust 4,087]

It would be surprising that someone has assets and qualifies for such assistance. You are limited in the assets you can have and still qualify ( other wise everyone could qualify if they converted their income to assets ) If they catch on that he didn't qualify and you are moving to a community property state they can come after both of you to pay for his misbegotten benefits. Do a quick check of the amount of assets ( and type ) a person can have so you don't end up losing out

[Ja&Jo 1]

thanks everyone for all the information. It has been helpful.

[aaron2020 11,651]

thanks everyone for all the information. It has been helpful.

Care to fill us in how he has less than $2000 in assets to qualify for Medicaid while he has more than $60,000 in assets (3x the income amount shortfall) for the I-864?

You may want to investigate this.

[Ja&Jo 1]

Care to fill us in how he has less than $2000 in assets to qualify for Medicaid while he has more than $60,000 in assets (3x the income amount shortfall) for the I-864?

You may want to investigate this.

it was a mix up.

[aaron2020 11,651]

it was a mix up.

How does someone "mix up" having less than $2000 in assets to get Medicaid and having $60,000 when seeking an immigration benefit?

Most people can tell if they have $2,000 versus $60,000.

There was either fraud for Medicaid or fraud for the immigration benefit because no one mixes up having $2,000 versus $60,000.

[Ja&Jo 1]

How does someone "mix up" having less than $2000 in assets to get Medicaid and having $60,000 when seeking an immigration benefit?

Most people can tell if they have $2,000 versus $60,000.

There was either fraud for Medicaid or fraud for the immigration benefit because no one mixes up having $2,000 versus $60,000

I got it all sorted. No fraud involved. It is a misunderstanding between my fiance and I.