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ADRII15

Job application affidavit and 'public charge'

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Hi all,

I recently received a notice that my EAD has been approved (still waiting on the actual card). I decided to start looking for jobs, and on one online application (for healthcare sector), I have to sign an affidavit which includes the following statement:

"I certify and agree that:

  1. I am not currently excluded by the Federal Government from participating in federally funded programs, including Medicare, Medicaid and Champus.

I am confused how this relates to the 'public charge' issue. I arrived on a K-1 visa and understand that my wife (who signed the I-864 as sponsor) is liable for "repaying the cost of any means tested benefits". That technically means I am "excluded by the FG" right? So I can't sign the affidavit? Or am I interpreting the affedavit/I-864 responsibilities wrong here?

Any help would appreciated. Thanks :)

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I think you can sign it. You're not "excluded" from benefits.

Here's an article I found that explains exclusion:

http://www.hancocklaw.com/p/BEK_0530113334_001.pdf

I hope that helps. I think you're confusing eligibility with exclusion. You can't collect medicaid until you've worked 40 quarters anyway, which I'm pretty sure is the same amount that it takes for your sponsor to be no longer financially obligated for sponsorship. Either way, this isn't really an issue of the i-864. They're asking if you're on a specific list of banned people, which is a common question if you want to work in the healthcare industry.


 

 

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I think you can sign it. You're not "excluded" from benefits.

Here's an article I found that explains exclusion:

http://www.hancocklaw.com/p/BEK_0530113334_001.pdf

I hope that helps. I think you're confusing eligibility with exclusion. You can't collect medicaid until you've worked 40 quarters anyway, which I'm pretty sure is the same amount that it takes for your sponsor to be no longer financially obligated for sponsorship. Either way, this isn't really an issue of the i-864. They're asking if you're on a specific list of banned people, which is a common question if you want to work in the healthcare industry.

That was a very helpful document, thanks so much! Gonna give it a shot.

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