Public Charge question, help me plz

[Jericho980 2]

Hello,

 

I am a single father (US Citizen), my son lives with me (US Citizen). I receive Food Stamps and Public Housing, I have a Co-sponsor for K-1 Visa. I cannot seem to find a clear answer for this question regarding public charge:  If my fiancé's visa gets approved, and she comes here, are we able to live in public housing and receive benefits for me and my son, not her? Or will this count against her come time for AOS? I already have a job lined up for her. And I just recently was awarded Section 8, should I still continue looking for a home section 8 approved? Or simple move out of my current public housing when she gets here?

[payxibka 10,048]

19 minutes ago, Jericho980 said:

Hello,

 

I am a single father (US Citizen), my son lives with me (US Citizen). I receive Food Stamps and Public Housing, I have a Co-sponsor for K-1 Visa. I cannot seem to find a clear answer for this question regarding public charge:  If my fiancé's visa gets approved, and she comes here, are we able to live in public housing and receive benefits for me and my son, not her? Or will this count against her come time for AOS? I already have a job lined up for her. And I just recently was awarded Section 8, should I still continue looking for a home section 8 approved? Or simple move out of my current public housing when she gets here?

Her job is willing to wait the 6 to 9 months for her to become employment authorized?

[Jericho980 2]

Her job is willing to wait the 6 to 9 months for her to become employment authorized?

Not relevant to my question, but yes

[Boiler 46,982]

According to your time line she arrived 4 years ago.

[Jericho980 2]

According to your time line she arrived 4 years ago.

 

Thats old. Does anyone actually have something helpful? 

[Greenbaum 12,260]

12 minutes ago, Jericho980 said:

According to your time line she arrived 4 years ago.

 

Thats old. Does anyone actually have something helpful? 

A dab of honey would probably get you your answer.

 

https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

 

Benefits Subject to Public Charge Consideration

 

USCIS guidance specifies that cash assistance for income maintenance includes Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for Needy Families (TANF) program and state or local cash assistance programs for income maintenance, often called “general assistance” programs. Acceptance of these forms of public cash assistance could make a noncitizen inadmissible as a public charge if all other criteria are met. However, the mere receipt of these benefits does not automatically make an individual inadmissible, ineligible to adjust status to lawful permanent resident, or deportable on public charge grounds. See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). Each determination is made on a case-by-case basis in the context of the totality of the circumstances.

 

In addition, public assistance, including Medicaid, that is used to support aliens who reside in an institution for long-term care – such as a nursing home or mental health institution – may also be considered as an adverse factor in the totality of the circumstances for purposes of public charge determinations. Short-term institutionalization for rehabilitation is not subject to public charge consideration.

 

 

https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

[Jericho980 2]

Yeah, I have looked at this sheet a hundred times. I know my fiancé cannot receive benefits, but will her living with me under public housing affect her AOS? It doesnt say anything about spouse's. I want to know before I go foreward with public housing lease agreement 

[payxibka 10,048]

42 minutes ago, Jericho980 said:

Her job is willing to wait the 6 to 9 months for her to become employment authorized?

Not relevant to my question, but yes

You included a statement regarding having a job lined up for her, which is not relevant to your question.  Why did you include it?

[Jericho980 2]

I'll be checking back later, maybe someone will have the answer I seek, thank you in advance!

[JeanneAdil 6,943]

I think you might find it hard to prove the fiancee is not eating from  the food provided by the food stamps or living in the section 8 housing with you (which TN does consider public assistance as the federal government thru HUD pays a portion of the rent

and you have to show you can afford health care insurance premiums for her

you need to look closely at the cost of a K1 visa including the trip to meet as this is the most expensive way to go

[Pinkrlion 2,725]

1 hour ago, Jericho980 said:

Yeah, I have looked at this sheet a hundred times. I know my fiancé cannot receive benefits, but will her living with me under public housing affect her AOS? It doesnt say anything about spouse's. I want to know before I go foreward with public housing lease agreement 

A spouse cannot live in section 8 housing, unless they have been approved by HUD.  So will she be considered receiving section 8 once she has been approved to live there is the question.

[SalishSea 18,421]

Not everyone can afford to bring over an immigrant.  If I were in your shoes, I would wait until I had a more stable financial situation to bring over someone you will need to support for 6-9 months.

[A Mo and L ma 10]

God people can be so unhelpful and just negative. He asked for a straight answer... yes or no.

 

NO, you receiving benefits or your son receiving public benefits will not affect her. She cannot receive anything under her name.

 

I know this was experience: I am sponsoring my husband (With my mother as a co-sponsor as my income was low at the time), and I received food stamps for 6 months... 

I specifically Talked with DHS at the time and they told me it did not affect my husband as they were not under his name and they were only giving us amounts for Me and my daughter.

 
Hope this is helpful:) 
 

I will saw one more thing: they can question your ability to support her, but if you have a co-sponsor it should be fine. I will say co-sponsor should be a family member or someone close to you because they are cracking down on co-sponsor fraud and prefer a co-sponsor to be a relative...that’s what I was told by an immigration lawyer.

[Divided States 33]

1 hour ago, A Mo and L ma said:

God people can be so unhelpful and just negative. He asked for a straight answer... yes or no.

 

NO, you receiving benefits or your son receiving public benefits will not affect her. She cannot receive anything under her name.

 

I know this was experience: I am sponsoring my husband (With my mother as a co-sponsor as my income was low at the time), and I received food stamps for 6 months... 

I specifically Talked with DHS at the time and they told me it did not affect my husband as they were not under his name and they were only giving us amounts for Me and my daughter.

 
Hope this is helpful:) 
 

I will saw one more thing: they can question your ability to support her, but if you have a co-sponsor it should be fine. I will say co-sponsor should be a family member or someone close to you because they are cracking down on co-sponsor fraud and prefer a co-sponsor to be a relative...that’s what I was told by an immigration lawyer.

This is a straight and correct answer.

Edited October 2, 2020 by Divided States

[Greenbaum 12,260]

1 hour ago, A Mo and L ma said:

God people can be so unhelpful and just negative. He asked for a straight answer... yes or no.

 

NO, you receiving benefits or your son receiving public benefits will not affect her. She cannot receive anything under her name.

 

I know this was experience: I am sponsoring my husband (With my mother as a co-sponsor as my income was low at the time), and I received food stamps for 6 months... 

I specifically Talked with DHS at the time and they told me it did not affect my husband as they were not under his name and they were only giving us amounts for Me and my daughter.

 
Hope this is helpful:) 
 

I will saw one more thing: they can question your ability to support her, but if you have a co-sponsor it should be fine. I will say co-sponsor should be a family member or someone close to you because they are cracking down on co-sponsor fraud and prefer a co-sponsor to be a relative...that’s what I was told by an immigration lawyer.

The answer was given " Each determination is made on a case-by-case basis in the context of the totality of the circumstances." The decision falls in the hands of the IO based on how they interrupt the situation with the immigrant, the current regulations and how the regulations are to be carried out. It is the sole responsibility for the applicant to prove they will not become a public charge. None of which any of us "unhelpful" people know. We can site law but more goes into it then just a yes, and no answer. So, my kind sir or madam even a lawyer can be wrong. 

 

The destruction of reason has seen the triumph of ignorance.