Does the food stamp or Medicaid effect the AOS process ?

[A_M 7]

Hello VJ's,

I have a question and need help please.

My wife is Pregnant and she got terminated from her job because she Pregnant and can not do the the job Duties.

I have my EAD and also Laid off from my job and looking for a new job right now, and waiting for my Green card .. she applied for the Medicaid and she got it and now she applied for the Food stamp.

My question is : Does the food stamp or Medicaid effect My AOS process ?

Thanks.

[nitsirk7562 82]

Hmm isn't it illegal to get fired for being pregnant? Might want to consult a lawyer on that one.

Did your wife sponsor you? If yes, then yes this is an issue.

[Soloenta 2,218]

I'm not sure but have patience someone will come by to answer your questions soon I hope. Good luck to you hope you find a job soon. Ok still need more answers to be sure. But I agree they can't fire someone for having a baby so you need to seek help for this.

Edited September 25, 2014 by Soloenta

[A_M 7]

I'm not sure but have patience someone will come by to answer your questions soon I hope. Good luck to you hope you find a job soon. Ok still need more answers to be sure. But I agree they can't fire someone for having a baby so you need to seek help for this.

Hmm isn't it illegal to get fired for being pregnant? Might want to consult a lawyer on that one.

Did your wife sponsor you? If yes, then yes this is an issue.

yes she got fired because she was working with disabled kids and she can't do her job anymore that's weird but it happened.

[Soloenta 2,218]

yes she got fired because she was working with disabled kids and she can't do her job anymore that's weird but it happened.

Get a lawyer to work pro-Bono which is free until you win the case then they get a %. I don't think they can do this unless it's in a contract but you should look into it as soon as possible.

[nitsirk7562 82]

http://www.eeoc.gov/laws/types/pregnancy.cfm

She should be covered under this. Did she talk to HR about this?

yes she got fired because she was working with disabled kids and she can't do her job anymore that's weird but it happened.

Edited September 25, 2014 by nitsirk7562

[nitsirk7562 82]

Just saying it's not just weird, it's illegal. She needs to find out what's going on.

With a K1 visa, immigrants are rejected if they become public charges. Your wife, by applying for aid, has become a public charge. If she is your sponsor, this is a big problem. You have to prove that you can support yourself without relying on the government. Hopefully you can find a job soon to prove that you can support yourself.

[Bjl73 12]

I'm not sure what the correct answer is but I want to point out that the advice given so far seems to contradict some advice given in another thread which stated that if the the US spouse received public assistance it wasn't an issue as long as they still earned at 125 percent poverty level OR they have a co-sponsor. Apparently you can still meet the poverty level and still qualify for things such as food stamps. Can someone maybe clear this up?

[nitsirk7562 82]

No, I'd agree with that actually! The immigrant is the one who can't go on assistance. So if she lost her job and he's laid off, neither of them make 125% of the poverty level. OP just hasn't answered who the sponsor is. The thing I don't know is if you can add a co-sponsor after you've already filed. That would be the solution. Or if he/she gets a job soon.

I'm not sure what the correct answer is but I want to point out that the advice given so far seems to contradict some advice given in another thread which stated that if the the US spouse received public assistance it wasn't an issue as long as they still earned at 125 percent poverty level OR they have a co-sponsor. Apparently you can still meet the poverty level and still qualify for things such as food stamps. Can someone maybe clear this up?

[A_M 7]

if one of us got a job soon should we cancel the food stamp and the Medicaid ? and that is it ? or we should call the USCIS and tell them that we have a job right now ? i really don't know what to do if i got a job soon ?

[tru_loves_journey 117]

You can keep your Food stamps and Medicaid for your children as long as needed. The US Citizen and US Citizen Children can receive benefits. The immigrant can not. No reason to report this to USCIS, you would report getting a job to your local food stamp office. As long as you're citizens all is fine, just don't list the immigrant spouse to receive benefits. I hope things get better for you, Best of Luck

Edited September 26, 2014 by tru_loves_journey

[A_M 7]

You can keep your Food stamps and Medicaid for your children as long as needed. The US Citizen and US Citizen Children can receive benefits. The immigrant can not. No reason to report this to USCIS, you would report getting a job to your local food stamp office. As long as you're citizens all is fine, just don't list the immigrant spouse to receive benefits. I hope things get better for you, Best of Luck

thanks

[KayDeeCee 4,893]

Just saying it's not just weird, it's illegal. She needs to find out what's going on.

With a K1 visa, immigrants are rejected if they become public charges. Your wife, by applying for aid, has become a public charge. If she is your sponsor, this is a big problem. You have to prove that you can support yourself without relying on the government. Hopefully you can find a job soon to prove that you can support yourself.

The USC petitioner/sponsor can receive benefits. It is the intending immigrant that is not eligible to receive means tested benefits.

I'm not sure what the correct answer is but I want to point out that the advice given so far seems to contradict some advice given in another thread which stated that if the the US spouse received public assistance it wasn't an issue as long as they still earned at 125 percent poverty level OR they have a co-sponsor. Apparently you can still meet the poverty level and still qualify for things such as food stamps. Can someone maybe clear this up?

This is correct. The USC can receive public assistance. They sign an I-864 stating the intending immigrant will not become a public charge, and if they do, the government can make them pay it back. They are not signing to state they themselves are not eligible as a USC and that they will not receive public assistance. If they qualify for it, then they can receive it.

A_M > If you are called for an interview, then you will need to take updated financial info. If your USC spouse is still unemployed, then she will need to get a joint sponsor.

[A_M 7]

The USC petitioner/sponsor can receive benefits. It is the intending immigrant that is not eligible to receive means tested benefits.

This is correct. The USC can receive public assistance. They sign an I-864 stating the intending immigrant will not become a public charge, and if they do, the government can make them pay it back. They are not signing to state they themselves are not eligible as a USC and that they will not receive public assistance. If they qualify for it, then they can receive it.

A_M > If you are called for an interview, then you will need to take updated financial info. If your USC spouse is still unemployed, then she will need to get a joint sponsor.

You can keep your Food stamps and Medicaid for your children as long as needed. The US Citizen and US Citizen Children can receive benefits. The immigrant can not. No reason to report this to USCIS, you would report getting a job to your local food stamp office. As long as you're citizens all is fine, just don't list the immigrant spouse to receive benefits. I hope things get better for you, Best of Luck

I'm not sure what the correct answer is but I want to point out that the advice given so far seems to contradict some advice given in another thread which stated that if the the US spouse received public assistance it wasn't an issue as long as they still earned at 125 percent poverty level OR they have a co-sponsor. Apparently you can still meet the poverty level and still qualify for things such as food stamps. Can someone maybe clear this up?

I Filed my AOS on March and got

Notice of Potential Interview Waive letter

so there is no interview needed.

[Hotter Otter 1,211]

Sacked because she's pregnant, what is this 1920?! Good luck with your job search.