Public Charge

[Money2g 0]

Hey everyone, I have a question regarding what isnt allowed with the Public charge clause from the K1 visa. I remember when filling out the forms for the K1 visa it said that my fiancee could not be a public charge for at least 10 years after we get married, but my question is what isnt she allowed to have as far as government assistance goes, because I am trying to get medical insurance for my wife and was looking at signing her up for medicaid but I didnt think it was allowed. But I talked to one of my friends today who brought his fiancee also on the K1 visa and he said that he just recently got medicaid for his wife and that he had no issues while applying for it.

Thanks!

[pushbrk 12,824]

Hey everyone, I have a question regarding what isnt allowed with the Public charge clause from the K1 visa. I remember when filling out the forms for the K1 visa it said that my fiancee could not be a public charge for at least 10 years after we get married, but my question is what isnt she allowed to have as far as government assistance goes, because I am trying to get medical insurance for my wife and was looking at signing her up for medicaid but I didnt think it was allowed. But I talked to one of my friends today who brought his fiancee also on the K1 visa and he said that he just recently got medicaid for his wife and that he had no issues while applying for it.

Thanks!

You've misread the information about public charge. Bear in mind that the I-864 the sponsor signs is a contract to reimburse the taxpayers for means tested benefits received by the immigrant. Read it, carefully. Applying for and receiving such a benefit is an obvious precursor to the obligation to reimburse. Just where Medicaid fits in the picture, I'm not sure. Just explaining the concept.

So, the real question is not whether the immigrant will be allowed to receive Medicaid benefits or have any problems applying. The question is whether you as the sponsor will be required to pay back the money. Any lights going on?

Edited January 28, 2011 by pushbrk

[Rebecca Jo 1,962]

Hey everyone, I have a question regarding what isnt allowed with the Public charge clause from the K1 visa. I remember when filling out the forms for the K1 visa it said that my fiancee could not be a public charge for at least 10 years after we get married, but my question is what isnt she allowed to have as far as government assistance goes, because I am trying to get medical insurance for my wife and was looking at signing her up for medicaid but I didnt think it was allowed. But I talked to one of my friends today who brought his fiancee also on the K1 visa and he said that he just recently got medicaid for his wife and that he had no issues while applying for it.

Thanks!

Your friend may have gotten emergency Medicaid for his wife who was expecting. That is not considered a means tested benefit.

Because the Federal government funds Food Stamps and Medicaid, those ARE considered means tested benefits. But the US Federal government won't come after the sponsor to recover monies.

Every State will have different criteria for who they allow to draw benefits and who they won't. And every State will have a different level of tolerance for disbursing monies to persons who don't really qualify. The entity who doles out the money has to legally "come after" the person who should not have been given benefits. The contractual language in the I864 gives the States power to go after this money. Many though don't bother.

[Nath & Jordan 1]

You can take this how you wish because that's pretty much what i did, but my lawyer told me and my fiance that he had never know of a sponsor to have been chased or have legal action taken against them in his 20 years of being a lawyer.......just saying!!

[Money2g 0]

well I'll explain the situation further. I have a co-sponsor since I didnt meet the poverty guidelines, so if I do get medicaid for her then will the co-sponsor be charged later? Also I am thinking about applying for housing, would that interfere with my wifes situation since she will be living with me or does it not affect her since I am the one applying?

thanks

[pushbrk 12,824]

well I'll explain the situation further. I have a co-sponsor since I didnt meet the poverty guidelines, so if I do get medicaid for her then will the co-sponsor be charged later? Also I am thinking about applying for housing, would that interfere with my wifes situation since she will be living with me or does it not affect her since I am the one applying?

thanks

Your joint sponsor will sign a binding contract to reimburse the taxpayers for means tested benefits your spouse would receive. Whether any agency will attempt to enforce it is anybody's guess. I can tell you that if I knew the beneficiary was planning to receive means tested benefits, I would decline to sign such a contract and that I would advise anybody who asked my opinion about signing such a contract to decline as well. I don't know your joint sponsor or how they will react to the contract when they read it.

[Money2g 0]

So if I want to apply for public housing where me and my wife will be living together, will that count as public charge?

[JimVaPhuong 4,863]

So if I want to apply for public housing where me and my wife will be living together, will that count as public charge?

She doesn't have to become a public charge in order for you and your joint sponsor to be held liable to reimburse the government. In fact, if she becomes a public charge then she's deportable.

Someone is a public charge when they are indefinitely dependent on the taxpayers to support them. For example, being in a long term care facility at taxpayer expense would make you a public charge. Receiving means tested benefits on a temporary basis would generally not make someone a public charge. However, it IS enough to trigger the enforcement of an affidavit of support.

You're promising the government that you'll support her. You should probably focus on doing that.

[pushbrk 12,824]

You're promising the government that you'll support her. You should probably focus on doing that.

Let me add, "instead of nit picking details of just which taxpayer support programs you might be able to get away with obtaining." You do realize, the people you're asking these questions of are the self-same taxpayers that will be providing the funds for the government subsidies you wish to receive, right?

Again, is your joint sponsor willing to sign a binding contract to reimburse US, (that's "us" not "the US") KNOWING you intend to obtain means tested benefits in your spouse's behalf that would trigger the contractual obligation to do so? If you've asked, what was the answer?