Jump to content

11 posts in this topic

Recommended Posts

Filed: Timeline
Posted

Hello,

I filled out form I864 (affidavit of support) for my fiance-now my husband. He is a permanent resident now. My income has decline and i wanted to fill out the application for energy assistance and food stamps with welfare, but being that im his sponsor. How may this affect me?

thanks,

Filed: Citizen (apr) Country: Australia
Timeline
Posted
Hello,

I filled out form I864 (affidavit of support) for my fiance-now my husband. He is a permanent resident now. My income has decline and i wanted to fill out the application for energy assistance and food stamps with welfare, but being that im his sponsor. How may this affect me?

thanks,

You can try and get food stamps but he doesn't count in your household size. So you won't be applying because you have to feed him too, he's not allowed to be involved but you are permitted to get them (if you qualify).

Posted

You can try and get food stamps but he doesn't count in your household size. So you won't be applying because you have to feed him too, he's not allowed to be involved but you are permitted to get them (if you qualify).

Does that mean that as long as the food stamps are not on the husband's name she may be entitled to get some? I still think it's kinda risky though :wacko:

Our Love Story's 1st page: June 15, 2008

K 1: 98 days!
May 11 - August 17, 2010 APPROVED!!!
POE: September 14, 2010 Chicago, IL
Wedding Day: September 22, 2010

AOS from K1: 96 days!
November 19, 2010 - February 24, 2011 APPROVED!!!
November 19, 2010: AOS, EAD & AP applications mailed
December 20, 2010: Biometrics (day 31)
January 18, 2011: case transfered to CSC (day 60)
February 10, 2011: EAD & AP approved! (day 83)
February 24, 2011: GC production ordered! (day 96)

Removing conditions: 5 months and 30 days!
December 6, 2012: package mailed
December 10, 2012: NOA 1 (day 4)

June, 5, 2013: APPROVED!!!

June, 10 2013: 10 yr GC received


event.png

an1cHsW0g410610MjAwMTU1bHwyNTY0MzkxbGF8d

Posted

Does that mean that as long as the food stamps are not on the husband's name she may be entitled to get some? I still think it's kinda risky though :wacko:

I would presume she would only be allowed enough to feed one person (or her + kids if she has them), much like if you apply for food stamps while living in a house with other non-family members. If I recall correctly, it is fraudulent for a person not included in the household size (in this case, her husband) to be allowed to use any of the food, though.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Posted

I would presume she would only be allowed enough to feed one person (or her + kids if she has them), much like if you apply for food stamps while living in a house with other non-family members. If I recall correctly, it is fraudulent for a person not included in the household size (in this case, her husband) to be allowed to use any of the food, though.

Ok this is what I call misinformation. It is not fraudulent for her husband to eat the food. lol.

He can eat the food with no problem but he can not be on her food stamp case although he will count when they count the family members.

She needs to make sure she tells the SNAP officer that although her husband has a LPR, he is not eligible to get SNAP benefits.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Filed: Citizen (apr) Country: Australia
Timeline
Posted
Ok this is what I call misinformation. It is not fraudulent for her husband to eat the food. lol.

He can eat the food with no problem but he can not be on her food stamp case although he will count when they count the family members.

She needs to make sure she tells the SNAP officer that although her husband has a LPR, he is not eligible to get SNAP benefits.

He counts? I was told he ISN'T allowed to count. I don't know if I'm going to explain this well but the reason for that is say she earns $10,000 a year and the threshold for a 1 person household is $15,000 to qualify for stamps so she can't get the stamps BUT lets say the threshold is $10,000 for a 2 person household so she WOULD qualify if she includes the immigrant in the household count. She just used the immigrant to qualify for the benefit.

Filed: Timeline
Posted

He counts? I was told he ISN'T allowed to count. I don't know if I'm going to explain this well but the reason for that is say she earns $10,000 a year and the threshold for a 1 person household is $15,000 to qualify for stamps so she can't get the stamps BUT lets say the threshold is $10,000 for a 2 person household so she WOULD qualify if she includes the immigrant in the household count. She just used the immigrant to qualify for the benefit.

I'm still confused...my understanding is tht because I filled out form i864 I'm responsible in supporting him while he is a US resident. This form will expire when he becomes a citizen. But my income has declined now and I qualify in the threshold to receive food stamps and energy assistance counting him and myself. I just don't knw if I am allowed to do this, because of form i864 I am his sponsor eventhough my income has changed???

Filed: AOS (apr) Country: Australia
Timeline
Posted (edited)

I'm still confused...my understanding is tht because I filled out form i864 I'm responsible in supporting him while he is a US resident. This form will expire when he becomes a citizen. But my income has declined now and I qualify in the threshold to receive food stamps and energy assistance counting him and myself. I just don't knw if I am allowed to do this, because of form i864 I am his sponsor eventhough my income has changed???

Yes, you are still his sponsor even though your income has changed. The sponsorship means that the immigrant cannot receive welfare. If he does go on welfare, you can and will be responsible for paying back the amount of financial assistance he received. You, however, can receive welfare because you are a US citizen, the fact you are sponsoring him does not change that. Just wanted to clear that up first.

I think the confusion is from whether or not you would eligible for welfare if you husband is counted in your household size. As in, including him in your household size may make the difference between being eligible and ineligible for welfare - in terms of income requirements.

This is a question better asked for a Welfare Officer. Speak to them and say that you want to receive welfare for YOURSELF ALONE ONLY. Explain that because your husband is a LPR, he is automatically ineligible for welfare, however you are unsure whether or not he is to be included in the household size even though he will not be receiving any benefits. Explain that you signed the I-184 (bring a copy to show the Officer) and ask if this document means that he is counted in the household size.

Just make sure you stress to this officer not to give your husband any benefits. Double check that you receiving enough benefits/food stamps for only one person (yourself).

Edited by SophWeb

01/09/09 - Sent I-129F

Visa Approved!

23/07/10 - Arrived in the U.S.

28/08/10 - Got Married

20/10/10 - Sent AOS

04/11/10 - InfoPass Appointment to request an Expedited AP

05/11/10 - Expedited AP Approved! RFE requested for AOS

01/02/11 - RFE sent

01/01/11 - RFE Received

01/12/11 - Biometrics taken

01/28/11 - EAD Approved

02/02/11 - AOS moved to CSC

03/07/11 - Greencard Approved!

Posted

He counts? I was told he ISN'T allowed to count. I don't know if I'm going to explain this well but the reason for that is say she earns $10,000 a year and the threshold for a 1 person household is $15,000 to qualify for stamps so she can't get the stamps BUT lets say the threshold is $10,000 for a 2 person household so she WOULD qualify if she includes the immigrant in the household count. She just used the immigrant to qualify for the benefit.

Yes he counts. Its convoluted I know but although he is not eligible for any food stamp benefits, they will factor any income he has into the food stamp budget. So if she makes $500 a month and he makes $500 a month, they will take his income as part of the household income at large.

Also the way that they calculate the rent she pays is based on the amount of people. Its some weird algorithm that no one can possibly understand but even if he cant get any food stamps, they will add his income into the food stamp budget.

When she gets the approval letter, it will say that her husband is ineligible for food stamps.

She didnt use the immigrant to qualify. They use any extra income in the house to determine whether she can get or not. It makes sense when you think about it.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Posted

I'm still confused...my understanding is tht because I filled out form i864 I'm responsible in supporting him while he is a US resident. This form will expire when he becomes a citizen. But my income has declined now and I qualify in the threshold to receive food stamps and energy assistance counting him and myself. I just don't knw if I am allowed to do this, because of form i864 I am his sponsor eventhough my income has changed???

Dont be confused.

You can apply for food stamps and energy assistance. They will count any income he has but he will not get any food stamps.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Yes he counts. Its convoluted I know but although he is not eligible for any food stamp benefits, they will factor any income he has into the food stamp budget. So if she makes $500 a month and he makes $500 a month, they will take his income as part of the household income at large.

Also the way that they calculate the rent she pays is based on the amount of people. Its some weird algorithm that no one can possibly understand but even if he cant get any food stamps, they will add his income into the food stamp budget.

When she gets the approval letter, it will say that her husband is ineligible for food stamps.

She didnt use the immigrant to qualify. They use any extra income in the house to determine whether she can get or not. It makes sense when you think about it.

This is correct. There are two calculations they must make. One is to determine if she's eligible for benefits. Another is to determine the level of benefits she will receive. Her husband will be included in the first calculation because it's expected that his income is available to help support her, but he won't be included in the second calculation because he's not eligible for benefits himself.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...