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I-864 and means tested beneifits, confused please help

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Hello everyone, I am a little (okay a lot) confused about the I-864 rules and what qualities as means tested benefits and who can apply for them. I am married two a natural born USC and he is planning to go back to college full time, because he just got laid off of his job.

We know that we know need a co-sponsor and that he and apply and received unemployment because it is not a means tested benefit. But I still have 2 questions.

1. Can my husband apply for any mean tested benefits since he is a natural USC citizen? Or can he not because he is married to me and because of the I-864?

2. If my husband accepts any of the mean tested benefits will this have a negative impact on my AOS case?Will INS look down on this?

I don’t want to break any rules or do anything that will cause a negative impact toward my case, so any advice would be great.

AOS timeline for I-485, I-130 and I-765

08/14/06 Got to the Chicago mailbox

08/18/06 Receipt date for I-485, I-130 and I-765

08/24/06 NOA1 I-485, I-130, and I-756

08/29/06 Receive Biometric letter in mail

08/31/06 I-130 Touch

09/05/06 Biometric appointment (everything when okay)

09/05/06 Receive Interview letter for I-485 in the mail for 10/17

09/06/06 I-485, I-130 and I-765 touch

10/17/06 Interview day (interviewer did not have my permanent file)

10/17/06 I-130 and I-485 touch

10/17/06 I-130 Approval e-mail

10/18/06 I-130 and I-485 touch

10/19/06 I-130 and I-485 touch

10/20/06 Receive I-130 approval letter in the mail

11/20/06 Call 1-800 regarding my I-765 beyond processing time

11/21/06 I-765 Touch

11/25/06 Got letter about change of address and I-765 beyond processing time

11/28/06 I-485-Welcome Letter e-mail :), I-130 touch

11/29/06 I-485, I-130 and I-765 touch

11/30/06 I-485-E-mail- Card production ordered :)

12/01/06 I-485 Touch

12/01/06 I-765 Approve LOL, card production orderd

12/02/06 Receive Welcome letter in the mail

12/05/06 E-mail- I-765 Approval notice sent and I-485 Approval notice sent

12/06/06 EAD card finally came in the mail I-485 and I-765 touch

12/07/06 Green card came in the mail :)

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Filed: K-1 Visa Country: Wales
Timeline

1. Yes

2. No

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I am a little (okay a lot) confused about the I-864 rules and what qualities as means tested benefits

Means-Tested examples

Medicaid

Supplemental Security Income (SSI),

Temporary Assistance for Needy Families (TANF)

Welfare, Food stamps

Things not considered means-tested: (alien is still entitled to)

Public education

Child vaccination programs

Social security payments

Emergency medical assistance

Short term, non-cash, in kind emergency disaster relief

National School Lunch Act and similar state and local programs

Assistance or benefits under the Child Nutrition

Supplemental Nutrition Program for Women, Infants and Children (WIC)

Public assistance for immunizations and for testing and treatment of symptoms of communicable diseases

Payment for foster care and adoption assistance;

Soup kitchens, crisis counseling and intervention

Short-term shelter for the homeless

Titles IV, V, IX and X of the Higher Education Assistance Act of 1965 and

Titles II, VII, and VIII of the Public Health Service Act; benefits under

the Head Start Act; means-tested programs under the Elementary and Secondary Education Act of 1965

Benefits under the Job Training Partnership Act.

I had to go thru this with my Joint Sponsor, bro didn't want to agree until he knew exactly what benefits my husband could/couldn't have

Married 12-30-05

Started our visa journey Jan 06.

01-06 - I-130, K3 shortly after

04-06 - switched to Canada Immigration

07-06 - Moved to Canada (PR almost complete)

07-06 - Changed again, back to US imm.

09-06 - Landed as Canadian PR

10-06 - DCF Toronto, Approved in 1.5 hrs!

11-06 - Interview Montreal (success!)

I-130

10-05-06 DCF in Toronto - Approved

10-19-06 Packet 3 received & sent back

10-20-06 Montreal receives P3

11-03-06 Packet 4 received

11-06-06 Medical

11-22-06 Interview / Visa approved

11-26-06 heading home, 6 day drive, my oh my

HOME SWEET HOME

10.24.08 - Mailed I-751 to CSC

Delivered at 9:03 AM on October 25, 2008

10.29.08 NOA1

10.30.08 Check cashed

12.06.08 Biometrics Appt.

12.19.08 Received new Drivers License extended to 2011

03.12.09 Received CONGRATULATIONS letter - Card on the way!!

03.20.09 Received his SHINY new card. WOO HOOOOOOO

YAY!! We can take a break from this madness until Citizenship.

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Filed: K-1 Visa Country: Wales
Timeline
I had to go thru this with my Joint Sponsor, bro didn't want to agree until he knew exactly what benefits my husband could/couldn't have

Sort of funny, that is not the real risk to a joint sponsor.

But he signed, that is all that matters.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Sort of funny, that is not the real risk to a joint sponsor.

But he signed, that is all that matters.

Oh no, I miscommunicated, he was concerned about my husband not be allowed to get these benefits, and also thought since he was joint sponsor that for some reason I wouldn't be allowed them either (out of real concern cuz he loves us) He understands the risk... he read it all and went :o

Married 12-30-05

Started our visa journey Jan 06.

01-06 - I-130, K3 shortly after

04-06 - switched to Canada Immigration

07-06 - Moved to Canada (PR almost complete)

07-06 - Changed again, back to US imm.

09-06 - Landed as Canadian PR

10-06 - DCF Toronto, Approved in 1.5 hrs!

11-06 - Interview Montreal (success!)

I-130

10-05-06 DCF in Toronto - Approved

10-19-06 Packet 3 received & sent back

10-20-06 Montreal receives P3

11-03-06 Packet 4 received

11-06-06 Medical

11-22-06 Interview / Visa approved

11-26-06 heading home, 6 day drive, my oh my

HOME SWEET HOME

10.24.08 - Mailed I-751 to CSC

Delivered at 9:03 AM on October 25, 2008

10.29.08 NOA1

10.30.08 Check cashed

12.06.08 Biometrics Appt.

12.19.08 Received new Drivers License extended to 2011

03.12.09 Received CONGRATULATIONS letter - Card on the way!!

03.20.09 Received his SHINY new card. WOO HOOOOOOO

YAY!! We can take a break from this madness until Citizenship.

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