GREEN CARD RESIDENT WITH HUSBAND AOS AND FOOD STAMPS

[Mena1994 2]

Hello! I need some legal advice.

im a green card holder who married my husband with tourist visa. He is currently in AOS and both have a baby girl born in US.

 

my taxes didn’t make it to sponsor him so we have a sponsor to do all the documentation needed for USCIS.

 

im the only one working since he doesn’t have a work permit yet. We are on a very tight budget and I want to apply for food stamps. However, I know that some of the questions to apply for SNAP are if I’m married or who I live with. 

 

May I apply to SNAP? This will affect his AOS? Or i shouldn’t add him on the application? 
 

I also want to apply for learning coalition for help for daycare of my baby but we are also afraid this will affect his green card process

[Unlockable 7,306]

How is he AOS exactly? Only US citizens can AOS of spouses. If you are not a US citizen your husband's AOS will be denied. 
 

Please clarify.

[Crazy Cat 39,226]

31 minutes ago, Mena1994 said:

im a green card holder who married my husband with tourist visa.

Who advised him to apply for adjustment? How do you propose he stay in status while his AOS is pending?  

[Lemonslice 4,553]

30 minutes ago, Mena1994 said:

Hello! I need some legal advice.

im a green card holder who married my husband with tourist visa. He is currently in AOS and both have a baby girl born in US.

 

my taxes didn’t make it to sponsor him so we have a sponsor to do all the documentation needed for USCIS.

 

im the only one working since he doesn’t have a work permit yet. We are on a very tight budget and I want to apply for food stamps. However, I know that some of the questions to apply for SNAP are if I’m married or who I live with. 

 

May I apply to SNAP? This will affect his AOS? Or i shouldn’t add him on the application? 
 

I also want to apply for learning coalition for help for daycare of my baby but we are also afraid this will affect his green card process

Notwithstanding the immigration situation for your spouse, the help available to you as a permanent resident, and your child, will depend a lot on your location/state.  

[powerpuff 5,898]

Spouses of GC holders can adjust status, under very specific circumstances, since their PD is current (F2A in the visa bulletin).

 

those circumstances are:

1. AOS has to be filed while they’re in status per their I-94 (not sure if that’s the case for OP). Once I-485 is filed, it gives them authorization presence 
2. Their I-485 is not denied because if it will be denied, they would no longer be in authorized presence and will have to leave the US. Overstays are not forgiven for spouses of GC holders.

 

There are several risks involved, however it is not impossible. 

[Crazy Cat 39,226]

Jim Hacking says the spouse of a Green Card holder must remain in status throughout the time their AOS is pending (when filing as well as when adjustment is approved.) 

 

Can My Spouse Adjust if I am an LPR - YouTube

Edited March 14, 2023 by Crazy Cat

[powerpuff 5,898]

5 minutes ago, Crazy Cat said:

Jim Hacking says the spouse of a Green Card holder cannot go out of status while their AOS is pending. 

If we’re both looking at the same article, I suspect it was written a while ago when the PD for F2A wasn’t current:

 

“Here's the general rule. If you want to adjust your status, you need to be in valid immigration status at the time of your adjustment. In a situation like this, Maria would need to maintain her student status throughout the time the green card case is pending. The reason for this is that there's a backlog on the processing of green card cases for the spouses of green card holders.

I know that sounds a little bit confusing but, basically, there are a limit on the number of green cards that are available in all kinds of green card categories, and that includes green cards for the spouses of green card holders. That is lawful permanent residences, husbands or wives.”

https://hackinglawpractice.com/can-my-spouse-adjust-if-i-am-an-lpr/
 

To me, it sounds like since there currently is no limit for F2As, they then can adjust. In the future, if it is no longer “current” then those people wouldn’t be able to adjust. 

 

 

[Crazy Cat 39,226]

10 minutes ago, powerpuff said:

If we’re both looking at the same article, I suspect it was written a while ago when the PD for F2A wasn’t current:

 

“Here's the general rule. If you want to adjust your status, you need to be in valid immigration status at the time of your adjustment. In a situation like this, Maria would need to maintain her student status throughout the time the green card case is pending. The reason for this is that there's a backlog on the processing of green card cases for the spouses of green card holders.

I know that sounds a little bit confusing but, basically, there are a limit on the number of green cards that are available in all kinds of green card categories, and that includes green cards for the spouses of green card holders. That is lawful permanent residences, husbands or wives.”

https://hackinglawpractice.com/can-my-spouse-adjust-if-i-am-an-lpr/
 

To me, it sounds like since there currently is no limit for F2As, they then can adjust. In the future, if it is no longer “current” then those people wouldn’t be able to adjust. 

 

 

Interesting case.  The OP's husband is here via a B2.  He will be out of status before the I-485 is adjudicated. My understanding is If anyone other than an immediate relative of a US citizen has EVER been out of status, he/she cannot adjust status. Those are my thoughts.  Hopefully, the OP will keep us updated. 

Edited March 14, 2023 by Crazy Cat

[powerpuff 5,898]

 

2 minutes ago, Crazy Cat said:

The OP's husband is here via a B2.  He will be out of status before the I-485 is adjudicated.  If anyone other than an immediate relative of a US citizen has EVER been out of status, he/she cannot adjust status. Those are my thoughts.  Hopefully, the OP will keep us updated. 

I-485 grants authorized stay while it is pending, even if the person becomes out of status while waiting. Hence in my view, if their PD is current and their I-485 is pending, they’re not accruing unlawful presence. The only danger, for spouses of LPRs, is if it is denied. They wouldn’t be able to apply again as you have to be in a valid status per I-94 for spouses of LPRs when you apply for I-485.

I also hope they update us although I know this is not what they asked about.

 

@Mena1994 I found this old thread that might be helpful. Although it’s talking about a USC receiving SNAP, it might still be applicable in your situation:

 

 

 

 

 

[powerpuff 5,898]

32 minutes ago, Crazy Cat said:

Jim Hacking says the spouse of a Green Card holder must remain in status throughout the time their AOS is pending (when filing as well as when adjustment is approved.) 

 

Can My Spouse Adjust if I am an LPR - YouTube

I’d just like to point out that the video was posted 5 years ago and in 2018, F2A PD was not “current” 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-september-2018.html

Edited March 14, 2023 by powerpuff
Bad at math

[Crazy Cat 39,226]

Just now, powerpuff said:

I’d just like to point out that the video was posted 5 years ago and in 2017, F2A PD was not “current” 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2017/visa-bulletin-for-september-2017.html

I know.  However, Hacking made a point of stating the person would have to be in status BOTH when applying and when adjustment was adjudicated.  If the "authorized stay" policy was in effect until approval or denial, why didn't he just say "in status when applying".  Having an available visa number, in itself, does not confer status, does it?

Anyway, like I said, it's an interesting and rare case for me. 

[powerpuff 5,898]

3 minutes ago, Crazy Cat said:

I know.  However, Hacking made a point of stating the person would have to be in status BOTH when applying and when adjustment was adjudicated.  If the "authorized stay" policy was in effect until approval or denial, why didn't he just say "in status when applying".  Having an available visa number, in itself, does not confer status, does it?

Anyway, like I said, it's an interesting and rare case for me. 

I agree, it’s definitely a very interesting case. Someone should ask Hacking this scenario on his show. 

[Mena1994 2]

I know , is a rare case! A friend I know has the same case. He came with tourist visa and before his visa expires (6 month entry) he submitted his papers and did AOS. He already received his social security and work permit. The visa bulletin for our home country is C= Current. 
 

if you are green card holder and your husband or wife overstayed the green card holder can’t help! But if you submit papers before overstaying and the visa bulletins for your home country is available you can do AOS. 
 

 

[Ontarkie 13,915]

~~Hijack post has been removed. If you have questions about your own case you need to start your own thread.~~

[Family 3,480]

7 hours ago, powerpuff said:

Spouses of GC holders can adjust status, under very specific circumstances, since their PD is current (F2A in the visa bulletin

@powerpuff 1…Hacking 0

 

 

As long as applicant in status at time of filing and visa bulletin is current AND no unauthorized employment, any F-2 B can apply for AOS….and even if visa bulletin retrogresses , they are fine and will have EAD issued.

 

The subject comes up quite frequently ..most recently an F-2 B poster’s I-485 was delayed by USPS and she missed her I-94 expiry by 3 days , She posted a copy of the denial with relevant sections of the law.