Public charge

[incognito22 0]

Quick summary

-I'm a USC

-Husband came on a K1

-We got married and submitted AOS in July which is pending

- He got EAD

-We received waiver letter

So this is where I need help. I signed up at nys-health to apply for health insurance and at the end of the application it said we both qualify for medicaid.I know

he can't receive medicaid as AOS can be denied. I quickly canceled our application, started a new one and enrolled for health insurance for me only. I only left him the household section. I picked my plan as I checked the box for my husand that say "doesn't need health insurance", everything was looking good as I even got a email saying "we received your updated application. About a week later, my husband received a BENEFIT ID card, when I saw that card my heart broke thinking I just screwed up his AOS. it doesn't make sense how he received that Benefit ID card after I canceled enrollment and started a new application for me only. I only picked a plan for me. Is there anything I can do ? I'm just sad that this can screw up his AOS because a mistake on my part or nys-health part.

Edited December 9, 2014 by incognito22

[clairegie 265]

If the insurance said you are both qualified, I dont see why this would be an issue. My husband added me on his existing medical policy at work right after we got married and I'm also still pending AOS.

You can read more about it here:

http://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

[Jsobased 5]

I think that's only for LPR, but I don't know for sure .

Edited December 10, 2014 by Jsobased

[NancyNguyen 1,657]

USCIS will not even know about your medicaid. Don't sweat.

[incognito22 0]

USCIS will not even know about your medicaid. Don't sweat.

thanks but are you sure , don't they do background checks for all that stuff ?

[incognito22 0]

If the insurance said you are both qualified, I dont see why this would be an issue. My husband added me on his existing medical policy at work right after we got married and I'm also still pending AOS.

You can read more about it here:

http://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

Thanks for the info.

[NancyNguyen 1,657]

thanks but are you sure , don't they do background checks for all that stuff ?

Yup, all my family became US citizens and yes they applied for Gold card, Medicaid, CHIP... you name it when they were GreenCard holders, nothing happened. Don't sweat over small things, your journey is just beginning... Good luck.

[Umka36 781]

Yup, all my family became US citizens and yes they applied for Gold card, Medicaid, CHIP... you name it when they were GreenCard holders, nothing happened. Don't sweat over small things, your journey is just beginning... Good luck.

So are you are telling the OP to ignore the I-864 obligation? Did someone have to complete the I-864 for your family member? The government does not go after the GC holder, they go after the sponsor who signed the I-864 for any means tested benefit. Sure the chances are small that they go after the sponsor, but I would hate to be that one person the government comes after.

Edited December 10, 2014 by Umka36

[NancyNguyen 1,657]

Yeah I understand, my response is that she shouldn't sweat over small thing. He is not even using that benefit so it is not an issue at all for his AOS.

[Transborderwife 4,666]

Q. What publicly funded benefits may not be considered for public charge purposes?

A. Non-cash benefits (other than institutionalization for long-term care) are generally not taken into account for purposes of a public charge determination.

Special-purpose cash assistance is also generally not taken into account for purposes of public charge determination.

Non-cash or special-purpose cash benefits are generally supplemental in nature and do not make a person primarily dependent on the government for subsistence. Therefore, past, current, or future receipt of these benefits do not impact a public charge determination. Non-cash or special purpose cash benefits that are not considered for public charge purposes include:

Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, short-term rehabilitation services, and emergency medical services) other than support for long-term institutional care

Children's Health Insurance Program (CHIP)

Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

Housing benefits

Child care services

Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

Emergency disaster relief

Foster care and adoption assistance

Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education

Job training programs

In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

State and local programs that are similar to the federal programs listed above are also generally not considered for public charge purposes. Please be aware that states may adopt different names for the same or similar publicly funded programs. It is the underlying nature of the program, not the name adopted in a particular state, which determines whether or not it should be considered for public charge purposes. In California, for example, Medicaid is called "Medi-Cal" and CHIP is called "Healthy Families." These benefits are not considered for public charge purposes.

In addition, and consistent with existing practice, cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination. Unemployment compensation is also not considered for public charge purposes.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge