will USC using public benefits hurt our case?

[michela 4]

OK our K-1 app is in Nebraska and I am wondering about the public charge thing. I am a college student and my dad is going to co-sponsor the application to get my fiance here, thus making our combined income way above the poverty level that the govt requires. However, my infant son is currently receiving medicaid and I qualify to get child care benefits from the state for when I go back to school in September.

My worry is that if I use these programs, it might jeopardize our case. I could get by without them, but doing that, will end up borrowing a lot of money (child care is very expensive where I am). Can I use the benefits? Will that affect my case? Does anyone have any thoughts?

Thanks!

[Sinergy 3]

I use medicaid and wic for my son, and it wont affect our cases. dont worry

[MrsBruce5 0]

Hi,

Don't worry. It's no problem. It's not you that they are concerned with. You, as the USC are able to use such benefits.

If the immigrant were to use such benefits-that is entirely a different story. You and the co-sponsor (your dad) would be held accountable to repay them the said benefits until 40 quarters (10 years) passes, he naturalizes, leaves the US, or (god forbid) passes away.

Your child is fine, and it won't affect your case.

No worries.

-Rose

[Jaylen Brit 0]

I agree with prev posters - USCIS want to make sure your fiance doesn't incur a public charge after emigrating and marrying you and you have already secured a co-sponsor to prevent that.

Good luck

[rebeccajo 14]

I'd like to keep this thread up front for a bit.

I realize there is a co-sponser involved here. But if for nothing more than an educated discussion, I would like to see some anecdotal evidence that the use of 'means-tested' benefits for the USC and the USC child do not affect visa approval for the beneficiary and their subsequent Adjustment of Status.

Even though at this point visa approval is uppermost in the petitioner's mind, Adjustment of Status needs to be considered, as it is imminent.

[Kez/JWolf 6]

My husband (USC) gets Medicare and SSi.... he was recieving these benefits the whole time we did AOS....

It was never an issue.. we were told that it would only be an issue if it was me that was claiming these benefits...

Kezzie

[David&Erin_Owens 0]

My husband (USC) gets Medicare and SSi.... he was recieving these benefits the whole time we did AOS....

It was never an issue.. we were told that it would only be an issue if it was me that was claiming these benefits...

Kezzie

When I was 8 months pregnant with Colin, I had to stop working for some health reasons. Because of that, I lost my health insurance. This was RIGHT in the middle of our AOS petition. David also had not yet received his EAD, although we knew it was on it's way. Anyhow, with no insurance and being close to giving birth I went on Medicaid. I was on it until the 6 week post-partum period was up and Colin was on it until his first birthday. It was never an issue with USCIS in any way.

[michela 4]

But if for nothing more than an educated discussion, I would like to see some anecdotal evidence that the use of 'means-tested' benefits for the USC and the USC child do not affect visa approval for the beneficiary and their subsequent Adjustment of Status.

Even though at this point visa approval is uppermost in the petitioner's mind, Adjustment of Status needs to be considered, as it is imminent.

Exactly, I was worried that 1. visa would get denied or 2. we would have trouble later on with the adjustment of status or even further down the road.

the answer looks like i should be okay, thank you everyone!

[rebeccajo 14]

Any other stories? I just think this is interesting.....

[Yaads 0]

Any other stories? I just think this is interesting.....

I agree...I think it is a very interesting topic.

I have wondered myself what kind of benefits the USC could claim? Can the USC get food stamps or such things as long as the non USC doesn't apply for it or as part of the application?

[Yodrak 7]

michela,

What is your K1 application doing in Nebraska? Visa applications, including K visa applications, should be submitted to the appropriate US consulate overseas.

That aside, there is an I-864 FAQ on the USCIS web site. Item #10 is relevant to your question about receiving benefits. Although the answer given is not as definitive as you might like, and might normally give you cause for concern, you write that you've got a joint sponsor lined up.

You might also want to review the sections of 8 CFR part 213(a) and the related sections of the INA that are referenced and linked on some of the I-864 pages on the USCIS web site.

Yodrak

OK our K-1 app is in Nebraska and I am wondering about the public charge thing. I am a college student and my dad is going to co-sponsor the application to get my fiance here, thus making our combined income way above the poverty level that the govt requires. However, my infant son is currently receiving medicaid and I qualify to get child care benefits from the state for when I go back to school in September.

My worry is that if I use these programs, it might jeopardize our case. I could get by without them, but doing that, will end up borrowing a lot of money (child care is very expensive where I am). Can I use the benefits? Will that affect my case? Does anyone have any thoughts?

Thanks!

Edited April 25, 2006 by Yodrak

[rebeccajo 14]

What if there is no co-sponsor? What then? I know others say it caused no problem, but is that enough to hang one's hat on?

Edited April 25, 2006 by rebeccajo

[michela 4]

michela,

What is your K1 application doing in Nebraska? Visa applications, including K visa applications, should be submitted to the appropriate US consulate overseas.

That aside, there is an I-864 FAQ on the USCIS web site. Item #10 is relevant to your question about receiving benefits. Although the answer given is not as definitive as you might like, and might normally give you cause for concern, you write that you've got a joint sponsor lined up.

You might also want to review the sections of 8 CFR part 213(a) and the related sections of the INA that are referenced and linked on some of the I-864 pages on the USCIS web site.

Yodrak

Nebraska is my service center, where I submitted the I-129F. So, we're just waiting for NOA2.

[meddykomp 0]

I asked my caseworker about this when I filed the K-3 petition. What she told me is that the USC is still allowed to use anything that the USC is qualified for. In my case, that is not much, but I do use the subsidized daycare which is available as long as you do not exceed 175% of the poverty level. If my husband were to use the means tested benefits, then I would have to pay them back since we will not be using a co-sponsor.

[rebeccajo 14]

What I'm getting out of this is that one might get away with it now, but the potential is there for repayment (if 'caught')?

Hmm?