Food stamp is a public charge ?

[Unlockable 7,306]

19 minutes ago, NuestraUnion said:

Actually, people can meet the financial requirements and still be denied. In fact, there are a few cases reported on this site of it happening. Like @geowrian stated, it is determined by the CO who looks at the totality of circumstances. It is not a "all boxes check" so you are approved.

 

For example, if a person makes $30K but has only been at a job for 1 month, the CO may deem that the amount of time at that job is not sufficient.

 

14 minutes ago, Tasiedu08 said:

No one said they couldn't. 

 

I'm confused....

55 minutes ago, Tasiedu08 said:

That doesnt make it false that means something else caused the denial. If you meet the poverty guidelines they can not deny you for that reason. There are other factors that are in play to cause that denial. 

 

[Jesus is Love 40]

Federal Means-Tested Public Benefits: To date, federal agencies administering benefit programs have determined that federal means-tested public benefits include food stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (SCHIP).

 

Food Stamps are considered as income to be added into the means test. It is considered a "Public BENEFIT". If the food stamps have a child attached to them that has nothing to do with the beneficiary. Provide enough means that prove your benefactor will not need to be added and continue from there. 

[Unlockable 7,306]

This is straight from USCIS' website. See question 1 (second paragraph).

 

https://www.uscis.gov/sites/default/files/USCIS/Resources/F3en.pdf

 

[Jesus is Love 40]

Yes the Affidavit of Support which she has already stated will be sending in one from herself as well as her mother. This also states if they need the assistance then they will have to pay the government back not that they will be denied because of it. All of this information is important but none of it states grounds for denial. When in fact it is not to be considered at all in the matter of becoming a public charge. That is also stated above and on the web address I've provided. 

 

That will be all. Thank you for this additional information. 

 

 

Best of luck @Cheridane123

 

Make sure you give us an update when that time comes!!

[Cheridane123 122]

16 minutes ago, NuestraUnion said:

 

 

I'm confused....

 

Thanks everyone for the inputs . I really appreciated it . Food stamp is for my 3 childs, but it base on my income . 

[Jenny17655 283]

1 hour ago, geowrian said:

False. Those are the minimum requirements to be considered. The CO makes a decision based on the totality of the circumstances.

I have seen people at the borderline income level approved. I have seen somebody making $200k/year denied (on public charge grounds). I've seen a mix of everything in between.

I'm living proof

[Jenny17655 283]

19 hours ago, debbiedoo said:

If you qualify for any kind of public assistance how will you qualify financially to sponsor him? For the i864 you have to make 125% of poverty level for the number of dependents you have (including him)

 

There is no way NONE that even if i qualified that I would go on ANY kind of public assistance if I were trying to sponsor someone. NONE.

you know I just googled income guidelines for foodstamps.  I didn't read it thoroughly to see which state I'm sure there are different limits however this particular one said the limit for foodstamp eligibility was 130%fpl.  That would mean that someone could meet the I864 125% and still qualify for foodstamps.  Medicaid is even higher.  In NY it is 138%fpl to qualify. 

[Ben & Katy 168]

What is the scenario if you are already here with your CR1/IR1 spouse and you decide that you need to apply for snap benefits? Would it affect the CR1/IR1 spouse if only the USC applied for themselves?

[kris&me 572]

sorry not judging

but in most states to qualify for food stamps ,  the income level is the conseideration and is very low 

so, you need to check to see if u meet the 125% poverty levels as said in one post

 

and i do know of a case where the USC received food stamps,  medicaid,  and lived in Section 8 housing and was approved for CR1

although it took 7 years to accomplish

 

i think this too is embassy related and if VJ community  knew which  country this was,  your best answers could come from members of the same

 

Good luck in your journey

[Cheridane123 122]

2 hours ago, kris&me said:

sorry not judging

but in most states to qualify for food stamps ,  the income level is the conseideration and is very low 

so, you need to check to see if u meet the 125% poverty levels as said in one post

 

and i do know of a case where the USC received food stamps,  medicaid,  and lived in Section 8 housing and was approved for CR1

although it took 7 years to accomplish

 

i think this too is embassy related and if VJ community  knew which  country this was,  your best answers could come from members of the same

 

Good luck in your journey

Thanks for the answer . The country is Cameroon ( central Africa )

[Mr&Mrs G. 903]

10 hours ago, Tasiedu08 said:

Yes the Affidavit of Support which she has already stated will be sending in one from herself as well as her mother. This also states if they need the assistance then they will have to pay the government back not that they will be denied because of it.

At my interview I was given a 221g and when I asked why they suggested possible public charge and I said but I have sponsors who exceeded the poverty guidelines by a huge margin. His answer was the US government is not in the business of chasing people for money for the I-864. So having a sponsor does not lessen the risk of being a public charge,  at the interview it is for the immigrating spouse to prove they will not become a public charge in the first place and not that you have a sponsor who will prevent it. 

 

My wife who was my sponsor was a US citizen returning to the US and just did not have a job in place because we did not know where we were going to live. Luckily I had my own continuing income and I was able to satify the CO officer a couple of weeks later that I would not become a public charge.

[pushbrk 12,106]

13 hours ago, Tasiedu08 said:

I can not stand rude comments! I filed for my husband and i receive Food Stamps. There were no issues with the NVC approving my case. As long as you do not intend on adding his to your case you should be fine especially since you plan to use your mom as well. I am the only sponsor for my spouse and we had no issues with our case. Just remember to be honest through this entire process and take what people respond to you with a grain of salt. 

No visa has been issued to your husband yet.  NVC does not make the public charge decision.  Consular Officers do.  NVC can refuse to forward your case to the Consulate if you do not meet the income minimums.  Not meeting the minimums assures failure or the need for a qualified joint sponsor.  Meeting the minimums or even a joint sponsor being qualified, does not assure a Consular Officer will make a positive judgment on the public charge issue.

[pushbrk 12,106]

13 hours ago, Tasiedu08 said:

That doesnt make it false that means something else caused the denial. If you meet the poverty guidelines they can not deny you for that reason. There are other factors that are in play to cause that denial. 

Not correct at all. You can be denied on public charge issues, even if your current income exceeds the minimum requirement.  Plenty of evidence available to know that.  It's a judgment call, not a finish line.

[NigeriaorBust 4,087]

  Years ago a woman was petitioning someone from Nigeria and she had been a lifelong recipient of public benefits.  She had a co sponsor but at the interview the question was asked " how do you intend to not need assistance"  and  when the person had no answer the visa was denied.    The CO saw that the person would likely just end up living on assistance because of the history of assistance of the woman.  They don't have to accept co sponsors.   

[DakotaKid 38]

On 11/26/2018 at 8:26 AM, debbiedoo said:

and..... you cant afford another person.

 

and if shes reaffirming her case, it has been some time since she initially applied, probably at least 6 months, possibly longer depending on her states food stamp policy. Dont get me wrong, I'm all for supporting those having a hard time and have ZERO problems with food stamps and helping the needy, but that time is not the time to be bringing in another person to support.

A job loss can happen at anytime.  It could be after your S.O. is already here.

 

Don't worry, even at 47% of my former income, I don't qualify for public assistance.  In fact, it's not too far below the median income for the USA.

 

The point I was trying to make, is that circumstances beyond a persons control can cause someone to need assistance with housing ans sustenance.  Let's say for example, you were in an horrific auto accident, and became incapacitated for a significant amount of time, ie more time than your long term disability will cover.  Is it still your opinion that you can't afford your husband or wife?