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Filed: Timeline

Hi, Im not sure if this is the right forum. But I would like to ask something..

I came here on a fiance visa.. and so there was this affidavit of support, right?

I got married and now I'm pregnant. Unfortunately my husband got fired from work and so we have no other means for me to support my pregnancy but to go and apply for CHIP Perinatal (where my insurance provider is Community Health Choice) and WIC (Women Infant and Children). For Chip, I get free visit to a doctor during my pregnancy and they also pay for my hospital bills. For WIC, every month I get free healthy groceries and when the baby is born, I get free food for the baby.

Is that in violation of the affidavit of support that my husband filed? Will the Government sue my husband for that?

Coz I think I read somewhere here that my husband could get sued if I seek for government support? That true?

Please let me know.

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Hi, Im not sure if this is the right forum. But I would like to ask something..

I came here on a fiance visa.. and so there was this affidavit of support, right?

I got married and now I'm pregnant. Unfortunately my husband got fired from work and so we have no other means for me to support my pregnancy but to go and apply for CHIP Perinatal (where my insurance provider is Community Health Choice) and WIC (Women Infant and Children). For Chip, I get free visit to a doctor during my pregnancy and they also pay for my hospital bills. For WIC, every month I get free healthy groceries and when the baby is born, I get free food for the baby.

Is that in violation of the affidavit of support that my husband filed? Will the Government sue my husband for that?

Coz I think I read somewhere here that my husband could get sued if I seek for government support? That true?

Please let me know.

Yes, if the immigrant uses a means tested benefit then the sponsor will be liable for the costs.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Timeline

Yes, if the immigrant uses a means tested benefit then the sponsor will be liable for the costs.

Yeah, but it states on the I864

"This provision does not apply to public benefits specified in section 403© of the Welfare Reform Act such as, but not limited to, emergency Medicaid, short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; and means-tested programs under the Elementary and Secondary Education Act."

Chip and Wic is like medicaid/non cash emergency relief.

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

You are wishing and hoping without finding out what specific programs are excluded.

Do some work and learn what is available and where the sponsor's liability lies. That will insure that you and your husband are not surprised by any agencies seeking repayment.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Timeline

You are wishing and hoping without finding out what specific programs are excluded.

Do some work and learn what is available and where the sponsor's liability lies. That will insure that you and your husband are not surprised by any agencies seeking repayment.

Oh I already did. I was just hoping someone would confirm.

Thanks.

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Filed: Citizen (apr) Country: Australia
Timeline

Here: http://travel.state.gov/visa/immigrants/info/info_3183.html#_Means_Tested_Public you cannot use CHIP. Sorry. WIC is no problem, CHIP is a problem (and specifically mentioned on that list as a means tested benefit).

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Filed: Timeline

Here: http://travel.state.gov/visa/immigrants/info/info_3183.html#_Means_Tested_Public you cannot use CHIP. Sorry. WIC is no problem, CHIP is a problem (and specifically mentioned on that list as a means tested benefit).

Thank you. Yes, I read this one. Oh well, I guess we'll just pay them back for the CHIP, if they ask us.

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Filed: Citizen (apr) Country: Australia
Timeline

Thank you. Yes, I read this one. Oh well, I guess we'll just pay them back for the CHIP, if they ask us.

You're okay with your husband possibly being sued by the US government? Having THAT on his record? Not to mention you're not eligible until you've been an LPR for 5 years.

Please try to think more seriously about the possible impact of this when there are other options.

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Filed: Timeline

You're okay with your husband possibly being sued by the US government? Having THAT on his record? Not to mention you're not eligible until you've been an LPR for 5 years.

Please try to think more seriously about the possible impact of this when there are other options.

What other options? My husband is still looking for work and I'm pregnant. I only got the CHIP because I'm pregnant. We have no other means to support the pregnancy because no other insurance will accept me because I'm already far in my pregnancy (believe me I've tried a lot of insurance companies, and they said no they cant accept me).

Are there any other options aside from CHIP? Let me know so I could try it.

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Filed: K-1 Visa Country: Vietnam
Timeline

What other options? My husband is still looking for work and I'm pregnant. I only got the CHIP because I'm pregnant. We have no other means to support the pregnancy because no other insurance will accept me because I'm already far in my pregnancy (believe me I've tried a lot of insurance companies, and they said no they cant accept me).

Are there any other options aside from CHIP? Let me know so I could try it.

Worry about your pregnancy first. All other considerations are secondary. If CHIP is your only resource for prenatal care then use it. The benefits are temporary, so even though it's a means tested benefit you will not be deported for using it because you aren't going to be classified as a public charge.

The government can come after your husband for reimbursement. In reality, they don't often do that. Just bite the bullet and accept that might be a consequence you have to deal with in the future. The main point now is to take care of the baby.

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!

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Filed: Timeline

Worry about your pregnancy first. All other considerations are secondary. If CHIP is your only resource for prenatal care then use it. The benefits are temporary, so even though it's a means tested benefit you will not be deported for using it because you aren't going to be classified as a public charge.

The government can come after your husband for reimbursement. In reality, they don't often do that. Just bite the bullet and accept that might be a consequence you have to deal with in the future. The main point now is to take care of the baby.

Exactly what I'm thinking. and Yes its temporary. Its only until I give birth and/or two months after that. So when I getta chance to work, we will save in case the gov't will come after us.

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Filed: K-1 Visa Country: Vietnam
Timeline

Exactly what I'm thinking. and Yes its temporary. Its only until I give birth and/or two months after that. So when I getta chance to work, we will save in case the gov't will come after us.

If that's your plan then be prepared to save for quite a while. The total costs for having a baby can easily top $20,000, and that's if there are no complications. One of the factors that really sucks is that the amount they bill CHIP is often substantially higher than the actual costs would be if everyone were paying directly. This the called the "deep pockets" effect, meaning that when the payer has "deep pockets" (i.e., lots of money) then medical service providers tend to bill much higher in order to pay for new facilities and equipment, as well as offset the costs of providing care for low income or indigent people with no medical coverage.

That's a really strong reason why the government shouldn't be getting involved in health care. They already pay nearly 60% of all medical expenses in the US through Medicare (the elderly are responsible for the majority of all medical expenses). That, more than anything else, is the reason costs are being driven up much faster than inflation. All that money helps to fund great high-tech health care, but it's not much comfort to someone paying for prenatal care out-of-pocket to know that they're helping build that new high tech cardio unit on the other side of the hospital.

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!

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Filed: Citizen (apr) Country: Australia
Timeline

Thank you. Yes, I read this one. Oh well, I guess we'll just pay them back for the CHIP, if they ask us.

I'm a little confused myself. I found this link on USCIS: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD which says that CHIP is NOT a "public charge" issue. So... I would save this page, and PRINT it even so if ever questioned you can show them USCIS said it wasn't an issue.

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Filed: K-1 Visa Country: Vietnam
Timeline

I'm a little confused myself. I found this link on USCIS: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD which says that CHIP is NOT a "public charge" issue. So... I would save this page, and PRINT it even so if ever questioned you can show them USCIS said it wasn't an issue.

Yes, but there's a difference between accepting a means-tested benefit and becoming a public charge. Collection of temporary means-tested benefits will generally not make an immigrant become a public charge, but if they are covered by an enforceable affidavit of support then the sponsor can still be held liable for reimbursement. If it was virtually impossible for an immigrant to collect any means-tested benefits because of the public charge requirement then there would be no need for an affidavit of support.

She can collect CHIP benefits. She won't be deported for it. The US government may ask her husband to reimburse them for the expenses.

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!

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Filed: Citizen (pnd) Country: Mongolia
Timeline

Most states offer a form of "emergency medicaid" for pregnant women and infants. It is in fact a form of state administered insurance plan with a sliding payment scale which guarantees coverage. In addition to delivery services, it usually provides for quality prenatal care through term and some months of neonatal care for your newborn. Also, minor children in many states have health and dental services available which like the afore mentioned program are fully state funded and thus not off limits to new immigrants who are beneficiaries of an AOS.

In part this is because, newly immigrated persons are not insurable for the first 6 months of residency, a pregnant woman is not insurable under private individual insurance plans and may not even be added to some group health plans. Furthermore, If your child is a step child, you cannot add to a private insurance plan as your own child but only as the child of your spouse. If your pregnant spouse cannot be added, then...............your step child will remain uninsurable as well.

Talk to a health care worker at your local health or welfare department for more information specific your state.

Illinois Moms and Babies program

Illinois All Kids

MBT

th_Untitled-3.jpg?t=1294114030

03/2008--Met while working together in Mongolia
06/21/10--Married in Ulaanbaatar on the Summer solstice
USCIS
09/06/10--I-130 package mailed to USCIS Chicago Lockbox
12/14/10--NOA2 hardcopy rec'd, Dec 09 notice date<APPROVED>86 Days
NVC
12/22/10-NVC / IIN Number issued, AOS bill paid
12/26/10-DS-3032 emailed
January4............IV bill paid, discovered error by preparer
USCIS ROUND 2
01/04/11-- I-130 package for stepson sent express with expedite plea
01/11/11---Congressional expedite plea lodged with USCIS
01/20/11--- Notice date, APPROVED 14 days
NVC ROUND 2
01/26/11--- NVC/IIN Numbers issued, DS-3032 Emailed
02/07/11--- AOS/IV packages fedexed to NVC
02/24/11--- Both Cases Completed at NVC
CONSULAR
04/27/11--- Interview passed
05/29/11--- POE ORD
08/2011--- I-551s arrive

heart.gif NEW YEAR'S EVE 2011, WE WELCOME OUR BABY GIRL TO THE FAMILYheart.gif

REMOVAL OF CONDITIONS

04/18/13--- I-751 mailed

09/25/13---ROC approval

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