Food stamps before marriage with a K-1?

[NateM 0]

Hi...

My fiancee has been here on a K-1 visa almost a month now. We have not yet married. I recently got laid off, and thought about the possibility of applying for food stamps in the amount allowed for just one person - myself - but want to make sure it could not somehow cause any problems (As most of you probably know, part of the process of getting your fiancee to the US is ensuring that she will not become a "public charge," meaning receive any kind of welfare for a certain number of years. So now that she's here, she is not eligible to receive for any sort of welfare personally).

Because we are not married yet, can I still apply for food stamps just for myself? Or would the DHS already show her in the system as living with me and refuse? I also would want to make sure that, even if I am accepted, I would not be causing any potential problems down the road.

[YuAndDan 153]

Moving this to AOS forum.

As long as the K-1 visa holder is not becoming a ward of the state this is not a problem.

Note more than likely you will need a joint sponsor to provide an additional I-864 to sponsor the imigrant.

[TruLuv 0]

Hi...

My fiancee has been here on a K-1 visa almost a month now. We have not yet married. I recently got laid off, and thought about the possibility of applying for food stamps in the amount allowed for just one person - myself - but want to make sure it could not somehow cause any problems (As most of you probably know, part of the process of getting your fiancee to the US is ensuring that she will not become a "public charge," meaning receive any kind of welfare for a certain number of years. So now that she's here, she is not eligible to receive for any sort of welfare personally).

Because we are not married yet, can I still apply for food stamps just for myself? Or would the DHS already show her in the system as living with me and refuse? I also would want to make sure that, even if I am accepted, I would not be causing any potential problems down the road.

I would be more worried about applying for AOS after you marry. You will need a new sponsor who is willing to promise that she won't become public charge. Hopefully you have someone close, because that is a lot to ask of someone.

Good Luck

I hope it all works out for you and that you find a new job soon.

[ARTY AND LILI 0]

Your fiancee will specifically be asked the question, "Have you ever received US government public assistace." It will come down to your conscience as to where to split hairs here.

If you can, avoid getting government assistance. If you can't, health comes first.

You are going to need the sponsor as mentioned, but it is a little hard to argue that she hasn't been a public charge if you receive government assistance that she is the beneficiary of.

[NateM 0]

Your fiancee will specifically be asked the question, "Have you ever received US government public assistace." It will come down to your conscience as to where to split hairs here.

If you can, avoid getting government assistance. If you can't, health comes first.

You are going to need the sponsor as mentioned, but it is a little hard to argue that she hasn't been a public charge if you receive government assistance that she is the beneficiary of.

Will they screen for that in their system (whether I've received any govt assistance) during the AOS process/at the interview?

[NateM 0]

Your fiancee will specifically be asked the question, "Have you ever received US government public assistace." It will come down to your conscience as to where to split hairs here.

If you can, avoid getting government assistance. If you can't, health comes first.

You are going to need the sponsor as mentioned, but it is a little hard to argue that she hasn't been a public charge if you receive government assistance that she is the beneficiary of.

Will they screen for that in their system (whether I've received any govt assistance) during the AOS process/at the interview?

Would anyone possibly have an answer to my follow-up question above (or any further thoughts, comments on the original question)? I have one reply who sounds confident it would not be a problem unless she - my fiancee - became a ward of the state (I kind of know what this term means, but not the precise definition). The two others who replied seem to think it is not such a good idea, though they sound a little unsure. So I could use a little more input...

I fortunately do have a willing co-sponsor if necessary, but am most concerned about whether or not it could affect AOS, and whether they would screen for any govt assistance received by me at the AOS interview. Any advice would be greatly appreciated.

[Kathryn41 3,205]

Hi Nate

I have no idea if they 'screen' for previous use of means tested benefits by the sponsor or not, however, it does state right on the Affidavit of Support form (I-864) that You are not disqualified from being a sponsor if you have received any means-tested benefits:

Does Receipt of Means-Tested Public Benefits Disqualify me From being a Sponsor?

No. Receipt of means-tested public benefits does not disqualify anyone from being a sponsor. However, means-tested public benefits cannot be accepted as income for the purposes of meeting the income requirement.

http://www.uscis.gov/files/form/I-864.pdf

Regarding your fiancee/wife also using some of the food you get with food stamps, technically, you are the one applying for food stamps and you would only receive appropriate for 1 individual. You are the one in receipt of the benefit, not your wife, although you are probably sharing your benefits with her.

Once you submit the affidavit of support it doesn't mean that your wife does not get means tested benefits - although she would not qualify for a period of time due to regulations - but if she did use them, you have entered a contract with the government to repay the cost of any benefits she has used.

There is a place on the AOS application where it asks the applicant if she/he has received any public assistance. That is a bit of a gray area if she is living with you and you are receiving the benefit - her name is not on any benefit and she has not officially received any benefit, however, you are sharing with her so indirectly she is benefiting.

I think she is safe saying she has never received public assistance, but if asked you do need to be honest that you received food stamps while she was already in the country. If you can get by without taking advantage of assistance, then do so; if you need assistance, then apply for it for yourself and be honest when asked. You might want to read over both the forms and the instructions for all of the documents associated with the AOS so that you understand better exactly what is required and what restrictions you might face.

Good luck.

[rebeccajo 14]

Your fiancee will specifically be asked the question, "Have you ever received US government public assistace." It will come down to your conscience as to where to split hairs here.

If you can, avoid getting government assistance. If you can't, health comes first.

You are going to need the sponsor as mentioned, but it is a little hard to argue that she hasn't been a public charge if you receive government assistance that she is the beneficiary of.

Arty and Lili -

A US citizen can avail themselves freely of any of the few social safety nets offered in this country without fear of repurcussion on the alien insofar as the alien being considered a 'public charge'.

So there is nothing at all to argue about. A US citizen has these rights.

Edited April 23, 2009 by rebeccajo