Public Charge

[nanaaalex 49]

Hey everyone I've been lurking for a while now and this forum has been extremely helpful! We are planning on starting the whole process for the K1 visa by July 2015.

My only concern is the AOS form...My boyfriend has been in a Section 8 housing all of his life. I did my research and found out that it would not affect the process. However a situation happened with his rent and he now has to use food stamps for a couple of months to fix his situation. This will be his first time on public assistance. We will have a co-sponsor but I'm still scared that we might get denied because of those 4-5 months on public assistance. Is that possible even if it's for a short period time?

Thanks in advance!

[sma1488 155]

As a US citizen, he is entitled to that public assistance. When you eventually enter on a K-1 visa, you will not be, however, which is why you need a co-sponsor. Since you already have a co-sponsor lined up, you have nothing to worry about.

EDIT: Although if you're living in housing that he receives from the government, I'm not sure how that will work since you would be directly benefiting from that assistance as well. Better let someone with more experience answer that one.

Edited February 11, 2015 by sma1488

[sadavis5 46]

Isn't section 8 public assistance?

[nanaaalex 49]

EDIT: Although if you're living in housing that he receives from the government, I'm not sure how that will work since you would be directly benefiting from that assistance as well. Better let someone with more experience answer that one.

Isn't section 8 public assistance?

From my understanding from what I've read so far, Section 8 is not public assistance but I could be wrong.

[sma1488 155]

http://www.nolo.com/legal-encyclopedia/what-public-benefits-can-green-card-holder-receive.html

If you scroll towards the bottom, you'll see that permanent residents (which is what you'll be after AOS is approved) are "generally eligible." Even if you're not, though, it appears that the amount of your soon-to-be husband's housing assistance would be prorated (because another person -- you -- who doesn't qualify would now be living in the house and expected to pay their fair share of rent) but not withdrawn entirely.

[nanaaalex 49]

Oh ok interesting!

[HislittleSecret 21]

Isn't section 8 public assistance?

Yes it is! Sometimes the government pays all rent and they may pay a percentage.

[KayDeeCee 4,893]

The US citizen is entitled to public assistance. The public charge issue is not about the USC. It is about the immigrant. They want to know that the immigrant will not become a public charge. Having a co-sponsor helps, but there is still a chance the CO can deny when the USC has been on public assistance forever and they feel the immigrant will be too. It would be better if he qualified for public assistance but could still meet the income requirement on his own. All you can do is try with the co-sponsor and hope the CO is okay with it.

Then there will also be the I-864 to deal with after you are married and file for AOS.

[nanaaalex 49]

The US citizen is entitled to public assistance. The public charge issue is not about the USC. It is about the immigrant. They want to know that the immigrant will not become a public charge. Having a co-sponsor helps, but there is still a chance the CO can deny when the USC has been on public assistance forever and they feel the immigrant will be too. It would be better if he qualified for public assistance but could still meet the income requirement on his own. All you can do is try with the co-sponsor and hope the CO is okay with it.

Then there will also be the I-864 to deal with after you are married and file for AOS.

Okay perfect, thanks for the help!

[baron555 934]

I'm still scared that we might get denied because of those 4-5 months on public assistance. Is that possible even if it's for a short period time?

No

Thanks in advance!

[Cathi 5,771]

Section 8 is a means tested benefit, meaning public assistance. When you get aid from the government whether it's food stamps. welfare or section 8, the money comes from government assistance

[nanaaalex 49]

So does that mean that we will have to move out of the Section 8 housing so that I don't benefit from the public assistance once I get there?

[nanaaalex 49]

bump

[Cody and Daisy 373]

So does that mean that we will have to move out of the Section 8 housing so that I don't benefit from the public assistance once I get there?

I think the problem people are saying is that he is getting public assistance now.

And you will have trouble getting approved because of it.

You cannot move there and then get out of PS.

It would have to be done before your interview.

If he is living on benefits and cannot earn enough to support you financially then it's a strong case for denial.

I don't know how they feel about co sponsors there.

[N-o-l-a 7,168]

I think the problem people are saying is that he is getting public assistance now.

And you will have trouble getting approved because of it.

You cannot move there and then get out of PS.

It would have to be done before your interview.

If he is living on benefits and cannot earn enough to support you financially then it's a strong case for denial.

I don't know how they feel about co sponsors there.

Your advice is wrong and contrary to what all the posters before you have said.