Public Charge question, help me plz

[SteveInBostonI130 3,492]

OP,  I would appreciate it if you keep us informed of your case.  Ukraine accepts co-sponsors, but the typical cases have been because the USC petitioner was in school, lost their job or were travelling and didn't have a stabe US income.   There have not been many where the USC fiance was under public charge.

 

Good luck.

[Jericho980 2]

3 hours ago, Divided States said:

This is a straight and correct answer.

 

4 hours 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.

THANK YOU FOR YOUR KINDNESS! This is the answer I was looking for! I appreciate it so very much!

[Villanelle 4,123]

5 hours 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.

He asked multiple things. Food stamps and Section 8. 

 

For SNAP its exactly how you explained it. They will want his wifes info and will add it to his case file. They will count her income towards the household income but any SNAP benefits will only be given to him and his son. Their receipt of SNAP benefits will not be held against her.

 

Section 8 is a totally different story. First there are various programs people refer to as 'Section 8'. He needs to know exactly which program he is using or considering using. Non citizens can get housing assistance. Some programs are counted as public charge others are not. Public housing, Housing Choice Vouchers, and Section 8 Project-Based Rental Assistance (PBRA) are counted as public charge. The Low-Income Housing Tax Credit (LIHTC), Rural Development Section 515 and Section 514/516 programs,  Section 202 housing for the elderly, Section 811 housing for people with disabilities, Housing Opportunities for Persons with AIDs (HOPWA), Family Self-Sufficiency (FSS), and Rural Development Rental Assistance are NOT counted as public charge.

 

@Pinkrlion brought up the question of 'is she considered to be receiving Section 8 once she is approved to live there'. No, not necessarily. Section 8 can be done like SNAP is- you can have a mixed household and only be getting benefits for some family members. Unlike SNAP though immigrants can get Section 8 benefits so one needs to be careful and ensure their Section 8 benefits are only being given to USC family members and/or LPRs. Once she is an LPR (gets her greencard) there are no further public charge determinations. Her addition to the household may impact the Section 8 benefits he receives so he really needs to speak with his housing case coordinator to understand what if any changes will occur once they marry and are living together. There will be a period of time (from when she arrives and moves in to when she gets her GC- which can be 1-2 years) during which he needs to make sure she does not get any Section 8 benefits that are counted as public charge (and he really must double and triple check she does not get enrolled by mistake or due to an over helpful case worker!) - and to ensure that he can remain in whatever program he is in with no issue. He can very well end up in a situation where her being added to the household but not taking the benefits causes his voucher size to be reduced and then its unaffordable. I understand this is the question he is asking here but Section 8 is not as clear cut as SNAP is. The housing case coordinator is going to be the only one that can give him specific numbers and how her joining his household would impact him. 

[Boiler 47,132]

Prior posts suggest at least one other issue, maybe more, but OP seems quite keen on keeping the discussion on one aspect.

[JeanneAdil 6,987]

6 hours 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 OP is in Tennessee (where i live) and to AOS in Tn section 8 housing plus the household getting food stamps will be public charge (family issue as the whole family benefits)

I still volunteer in this state with families of handicapped children as i am a PT and i know what social services tells families This state does allow food allowance programs for children called CACFP(school year) and SFSP (summer program) and even though federally funded they are not considered public assistance / they fall under nutritional programs /  and the state now allows free wifi to familes since the covid makes them study at home.

 

this is from the TN site concerning the recent public assistance rule in Tennessee

https://www.tnjustice.org/publiccharge/

 

A new rule was proposed that would add participation in the following public programs as a factor:

• Supplemental Nutrition Assistance Program (SNAP, “EBT”, or “food stamps”)
• Federal Public Housing and Section 8 assistance
• Medicaid (except emergencies, children under 21 years, pregnant women, and new mothers)

[A Mo and L ma 10]

12 minutes ago, JeanneAdil said:

The OP is in Tennessee (where i live) and to AOS in Tn section 8 housing plus the household getting food stamps will be public charge (family issue as the whole family benefits)

I still volunteer in this state with families of handicapped children as i am a PT and i know what social services tells families This state does allow food allowance programs for children called CACFP(school year) and SFSP (summer program) and even though federally funded they are not considered public assistance / they fall under nutritional programs /  and the state now allows free wifi to familes since the covid makes them study at home.

 

this is from the TN site concerning the recent public assistance rule in Tennessee

https://www.tnjustice.org/publiccharge/

 

A new rule was proposed that would add participation in the following public programs as a factor:

• Supplemental Nutrition Assistance Program (SNAP, “EBT”, or “food stamps”)
• Federal Public Housing and Section 8 assistance
• Medicaid (except emergencies, children under 21 years, pregnant women, and new mothers)

From what I read, the public charge rule was suspended due to COVID. This was due to the loss of jobs by immigrants, and then being scared to use public benefits for risk of deportation. 

[Carpe Vinum 2,331]

1 hour ago, Boiler said:

Prior posts suggest at least one other issue, maybe more, but OP seems quite keen on keeping the discussion on one aspect.

Yes, so many questions.

[payxibka 10,048]

45 minutes ago, A Mo and L ma said:

From what I read, the public charge rule was suspended due to COVID. This was due to the loss of jobs by immigrants, and then being scared to use public benefits for risk of deportation. 

You need to read more.  The temporary order has been removed 

Edited October 2, 2020 by payxibka

[gabluc 171]

16 hours 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?

She won't qualify for public benefits, she has to pass the public charge test in the consulate first. Once the green card is granted, she won't qualify for many public benefits. US Citizens do not undergo the public charge rule. Sec 8, SNAP are federal programs, Medicaid is state issued. 

 

I know on the SNAP application, to the end, it says, "this information may be sent to any federal agency requesting this data" something of that sort.

[A Mo and L ma 10]

17 minutes ago, payxibka said:

You need to read more.  The temporary order has been removed 

Just saw this. Thanks 

[JeanneAdil 6,987]

1 hour ago, A Mo and L ma said:

From what I read, the public charge rule was suspended due to COVID. This was due to the loss of jobs by immigrants, and then being scared to use public benefits for risk of deportation. 

Setember 2020

The US. Court of Appeals for the Second Circuit has reinstated the rule on Public Charge Ground of Inadmissibility nationwide. This is applicable to all applications and petitions postmarked (or submitted electronically) on or after Feb. 24, 2020. This includes states of New York, Connecticut and Vermont.Sep 23, 2020

[Jericho980 2]

I want to thank everyone that responded with useable information. I asked this question because I just got approved for Section 8 housing, and wanted to know if (and when) she comes, if this would be considered a public charge, from what I gather, my best course of action is to move (currently public housing) to another home instead of moving to Section 8 and have a lease with Section 8 for one year and being forced to stay there and cause an issue with her AOS. 

[GP1977 288]

On 10/2/2020 at 12:24 AM, Jorgedig said:

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.

Are you a a financial planner? Was the OP asking for financial planning advice? 

When someone asks a question, those who respond should stick to the question the OP asked.  If they needed financial advice they would ask that or seek an appropriate professional.

 

[SalishSea 18,455]

11 minutes ago, GP1977 said:

Are you a a financial planner? Was the OP asking for financial planning advice? 

When someone asks a question, those who respond should stick to the question the OP asked.  If they needed financial advice they would ask that or seek an appropriate professional.

 

I'll comment as I see fit, thanks.

[GP1977 288]

19 hours ago, Jorgedig said:

I'll comment as I see fit, thanks.

Zero value add.

 

Do you think the OP is going to take unsolicited financial advice from a stranger on an internet forum when they didn't seek out financial advice? LOL