New Developments in my case. Seeking further advice

[Tornado 0]

Some of you may remember I posted about 2 months ago in regards to this issue. I will re-cover my circumstance in a nutshell here, with some very bad news ive just learned this morning that could affect things. I'm seeking any advice anyone out there can provide in this hard time.

To get up to speed, this is the story in a nutshell: I married a woman from London England. She was on a tourist visa when we married, and we went through the AOS process and got her greencard. We were married just shy of 2 years before I filed for divorce. I wont go into details of why I filed, as its irrelevant and you likely dont care for all the boring details anyways. Needless to say i was forced to divorce due to complications I wasnt able to work out with her. Our divorce was a very clean, very basic divorce. We neither one used lawyers or anything. We devided our own property and I moved out. We have no kids or anything. My divorce was Finalized Septembet 5th 2008 (Yesterday) by the circuit judge. So, I am now officially and completly divorced.

Now to get to the news I learned today. My ex wife is pregnant. the child is NOT mine, but another guy. While we were going through the divorce (which was a 2 month process to be finalized) she flew back to England for a 3 week visit, at which time she became pregnant by some guy in england. She flew back here after her visit, and has been back for about a month, and has now found out she is pregnant. Very irresponsible I know, and trust me im in extreme shock today. However, I am immediatly reminded of what some of you people pointed out to me in my last post- The Contract between myself and the US government that I made when I sponsored her to become a permenant resident. I am aware that this Contract is still 100% viable, and does not go away because of a divorce. Naturally, I am now extremely worried. My ex wife has spoken of going after Medicaid. She has no where near enough income to support medical bills, much less a child, in her current state. She can not even legally drive yet still...She only has a learners license. I gave up 90% of our posessions and moved out on my own, because I have a solid job and can support myself, needless to say however I have a lot I must now buy in order to furnish my new place I'm living in.

My fear is that she will seek government assistance. If she does, I am fully aware that the US government can then come to me for reimbursement of her medical bills. I dont think I need to explain to any of you why this has me so scared..... If this were to happen, It would screw me big time. I can easily support myself, but I can not afford expensive medical bills for my ex-wife's mistake. I do understand that it was an agreement I made, and I have to be held accountable, but I'm really in a bind here now. naturally, I never wanted all this ####### to happen..This was never part of my plans, but it is the nightmare that has become my reality. I am seeking any advice or knowledge regarding this..... If my ex wife seeks aid, how likely is it that the government would excersize their right and come to me for reimbursment? I have read in a few places that the government has been very loose in persuing this, but I have no idea.... Has anyone had this happen? Should I go ahead and prepare to be hit by this? What are my odd's if she takes medicaid or other government support?

Thanks to anyone who can help in this...... This community has been extremely helpful to me over the years.

Edited September 6, 2008 by Tornado

[Tornado 0]

for reference, the contract I am referring to is Form I-864.

[diadromous mermaid 36]

She's ineligible for Medicaid for the first 5 years as a PR.

for reference, the contract I am referring to is Form I-864.

[Tornado 0]

She's ineligible for Medicaid for the first 5 years as a PR.

for reference, the contract I am referring to is Form I-864.

as a PR? not sure what PR stands for. Also that 5 years, is that 5 years from the date of the I-864, or 5 years from the date she became a permanant resident?

Edited September 6, 2008 by Tornado

[diadromous mermaid 36]

PR = permanent resident

5 years from the date she was awarded PR

She's ineligible for Medicaid for the first 5 years as a PR.

for reference, the contract I am referring to is Form I-864.

as a PR? not sure what PR stands for. Also that 5 years, is that 5 years from the date of the I-864, or 5 years from the date she became a permanant resident?

[Tornado 0]

PR = permanent resident

5 years from the date she was awarded PR

She's ineligible for Medicaid for the first 5 years as a PR.

for reference, the contract I am referring to is Form I-864.

as a PR? not sure what PR stands for. Also that 5 years, is that 5 years from the date of the I-864, or 5 years from the date she became a permanant resident?

Really? Is there somewhere i could read about that? Is that 5 year period in effect on any government aid, or just medicaid. Medicaid also varies by state, so is that 5 year period a universal thing built into the conditions of Permenant Residency? Im trying to educate myself in every single angle of this..... I cant afford to be wrong, or be blind sided. Thank you so much for your help.

[Tornado 0]

From my research so far, Im not able to find anything regarding a 5 year waiting period as a condition on the permenant residency. Ive came across some forums where people are asking if they qualify, who havent even been in the country for a year, and they are being told they could qualify. All the information im reading seems to suggest that you can qualify if you meet the income requirments, and that the sponsor will be footed with the bill of reimbursment.

[wowswift 3]

It really depends by state. on the bottom of the poverty guidelines, its tells some of what is means tested and what isn't http://www.uscis.gov/files/form/I-864P.pdf

but i found the 5 year statement too, but not sure how it works.

Immigrants and Public Benefits

What Public Benefits Do Immigrants and Refugees Receive?

Determining whether or not an immigrant qualifies for public benefits is a complicated matter. Eligibility for benefits depends on a number of factors, among them:

*

her immigration status;

*

whether or not she entered the U.S. before or after the 1996 welfare reform law was enacted (August 22, 1996);

*

length of residence in the U.S.;

*

her income and resources and the income and resources of the family member who sponsored her;

*

work history;

*

whether she is a child or adult;

*

her state of residence; and

*

the various other eligibility requirements of the particular benefits program.

Most benefits programs are open only to long-term, lawful immigrants. A small number of programs (such as school lunch programs and emergency medical services) are open to all people in need.

For federal means-tested public benefits, newly-arrived legal immigrants generally are: 1) barred for their first five years in the U.S.; and 2) subject thereafter to a process called "deeming" where the income and resources of the U.S. citizen or Lawful Permanent Resident sponsor of the immigrant are added to the immigrant's own income to determine whether the immigrant is poor enough to qualify for the benefit under the program's financial guidelines. Deeming continues until the new immigrant either becomes a citizen or works 40 "qualifying quarters" (at least 10 years). The work of a spouse (or of a parent in the case of a child under 18) also counts towards the 40 quarters. After becoming naturalized citizens, or working for 40 quarters, legal immigrants are generally eligible for federal and state programs provided they meet the general program criteria.

Ref Link

[Tornado 0]

It really depends by state. on the bottom of the poverty guidelines, its tells some of what is means tested and what isn't http://www.uscis.gov/files/form/I-864P.pdf

but i found the 5 year statement too, but not sure how it works.

Immigrants and Public Benefits

What Public Benefits Do Immigrants and Refugees Receive?

Determining whether or not an immigrant qualifies for public benefits is a complicated matter. Eligibility for benefits depends on a number of factors, among them:

*

her immigration status;

*

whether or not she entered the U.S. before or after the 1996 welfare reform law was enacted (August 22, 1996);

*

length of residence in the U.S.;

*

her income and resources and the income and resources of the family member who sponsored her;

*

work history;

*

whether she is a child or adult;

*

her state of residence; and

*

the various other eligibility requirements of the particular benefits program.

Most benefits programs are open only to long-term, lawful immigrants. A small number of programs (such as school lunch programs and emergency medical services) are open to all people in need.

For federal means-tested public benefits, newly-arrived legal immigrants generally are: 1) barred for their first five years in the U.S.; and 2) subject thereafter to a process called "deeming" where the income and resources of the U.S. citizen or Lawful Permanent Resident sponsor of the immigrant are added to the immigrant's own income to determine whether the immigrant is poor enough to qualify for the benefit under the program's financial guidelines. Deeming continues until the new immigrant either becomes a citizen or works 40 "qualifying quarters" (at least 10 years). The work of a spouse (or of a parent in the case of a child under 18) also counts towards the 40 quarters. After becoming naturalized citizens, or working for 40 quarters, legal immigrants are generally eligible for federal and state programs provided they meet the general program criteria.

Ref Link

Thank you so very much for this wowsift. I wonder why so many people seem to be telling immigrants that they qualify for medicaid.... ive found countless links of other forums and things where people are asking would they qualify, and that they had only been here for 6 months, or a year, and people seem to tell them that they would qualify. According to this above information, none of them would qualify, and neither would my ex-wife.

if by chance my wife did qualify somehow, and Recieved medicaid, does anyone know how strict the government is about seeking reimbursment? Is it a fairly mandatory thing where they always seek it, or is it rare that they bother with it? Ive read some links that suggested the government is very loose in going after sponsor's for the reimbursment. However, I really dont know, im just going on the little im able to scrap up.

[diadromous mermaid 36]

The 5 year ban to becoming eligible to receive federal means tested benefits is quite clear. Unless the alien falls into a certain category, such as an alien that is battered by their US citizen spouse, for example, no LPR is eligible. As to the question of how active the US government is in pursuing reimbursement, well the simple answer is that it is codified in the CFR that the government agency will seek reimbursement from the sponsor. Whether the individual agency takes that a step further and institutes legal action to enforce the obligation that the sponsor has made varies from case to case. To date, there are less cases that turn into lawsuits, than cases in general, but we really don't have the data to know whether this is due, simply to the fact that the agency resists initiating a lawsuit, or whether the sponsor steps up and honors his or her obligation.

It really depends by state. on the bottom of the poverty guidelines, its tells some of what is means tested and what isn't http://www.uscis.gov/files/form/I-864P.pdf

but i found the 5 year statement too, but not sure how it works.

Immigrants and Public Benefits

What Public Benefits Do Immigrants and Refugees Receive?

Determining whether or not an immigrant qualifies for public benefits is a complicated matter. Eligibility for benefits depends on a number of factors, among them:

*

her immigration status;

*

whether or not she entered the U.S. before or after the 1996 welfare reform law was enacted (August 22, 1996);

*

length of residence in the U.S.;

*

her income and resources and the income and resources of the family member who sponsored her;

*

work history;

*

whether she is a child or adult;

*

her state of residence; and

*

the various other eligibility requirements of the particular benefits program.

Most benefits programs are open only to long-term, lawful immigrants. A small number of programs (such as school lunch programs and emergency medical services) are open to all people in need.

For federal means-tested public benefits, newly-arrived legal immigrants generally are: 1) barred for their first five years in the U.S.; and 2) subject thereafter to a process called "deeming" where the income and resources of the U.S. citizen or Lawful Permanent Resident sponsor of the immigrant are added to the immigrant's own income to determine whether the immigrant is poor enough to qualify for the benefit under the program's financial guidelines. Deeming continues until the new immigrant either becomes a citizen or works 40 "qualifying quarters" (at least 10 years). The work of a spouse (or of a parent in the case of a child under 18) also counts towards the 40 quarters. After becoming naturalized citizens, or working for 40 quarters, legal immigrants are generally eligible for federal and state programs provided they meet the general program criteria.

Ref Link

Thank you so very much for this wowsift. I wonder why so many people seem to be telling immigrants that they qualify for medicaid.... ive found countless links of other forums and things where people are asking would they qualify, and that they had only been here for 6 months, or a year, and people seem to tell them that they would qualify. According to this above information, none of them would qualify, and neither would my ex-wife.

if by chance my wife did qualify somehow, and Recieved medicaid, does anyone know how strict the government is about seeking reimbursment? Is it a fairly mandatory thing where they always seek it, or is it rare that they bother with it? Ive read some links that suggested the government is very loose in going after sponsor's for the reimbursment. However, I really dont know, im just going on the little im able to scrap up.

Edited September 7, 2008 by diadromous mermaid

[desert_fox 32]

You had better make sure that your name does not end up on that birth certificate. The husband is automatically added if the mother is married. Don't know how they apply the law in your state in the case of a recent divorce, but the baby was conceived during marriage.