medicaid

[aniketveronica 0]

my fiance receiving medicaid for kids ,i posted topic i got this reply from 1 member ==>

If a sponsor receives means tested benefits, such as Medicaid for dependent children, then the CO is required to consider this in determining whether the beneficiary is likely to also become a public charge.

Foreign Affairs Manual, 9 FAM 40.41 N4.1 Consideration of Current or Prior Receipt of Public Assistance:

c. There is no provision in the law to indicate that the receipt of means-tested benefits by the sponsor would, in itself, result in a finding of inadmissibility for the applicant under INA 212(a)(4). The sponsor's reliance on such benefits, however, would clearly be an important factor in considering whether the applicant might have to become a public charge. If the sponsor or any member of his or her household has received public means-tested benefits within the past three years, you must review fully the sponsor's current ability to provide the requisite level of support, taking into consideration the kind of assistance provided and the dates received. You must review carefully Form I-864, Affidavit of Support under Section 213A of the Act, or Form I-134, Affidavit of Support, and all attachments submitted with Form I-134, as well as evidence of the sponsor's current financial circumstances, in such cases.

This section of the FAM would seem to indicate that a sponsor who is currently or has recently collected means tested benefits is less likely to have their affidavit of support considered sufficient to sponsor.

igot this reply from one of members here so i would like to know if we get new private insurance (insurance my fiance can get from employers ) can that help ? can doing this can get us in better situation ?

JimVaPhuong you are invited to reply on this topic your help will be appreciated

[JimVaPhuong 4,863]

It's difficult to say with any certainty. The question of a sponsor who is collecting some form of means-tested public benefit has come up many times on VJ. I don't remember anybody coming back and posting whether it had an effect on their affidavit of support. Specifically, I don't remember anyone saying that they were collecting Medicaid benefits for their kids and that their affidavit of support was either accepted as sufficient or denied because of the Medicaid. I also don't remember anyone saying that their affidavit of support was accepted after they obtained private insurance. This is a discretionary determination by the CO, and there isn't enough combined experience on VJ to know how they usually apply that discretion.

The law is very specific that means-tested public benefits cannot be considered as income for the affidavit of support. The instructions for the I-864 also make this clear. The law doesn't say anything about whether collecting means-tested public benefits would automatically disqualify a sponsor, and the Foreign Affairs Manual indicates this is a discretionary factor to be considered by the CO. The FAM also says that they are supposed to consider whether the sponsor has collected these benefits within the past three years, though it's not clear to me how they would know this. The I-864 doesn't provide any way for this to be disclosed.

One thing that is clear from reading the FAM is that they're supposed to consider what the sponsor's circumstances are now, and what the sponsor's circumstances are likely to be in the foreseeable future. If the sponsor is collecting means-tested public benefits now then I would think that's a strike against the sponsor, even if they aren't attempting to claim the benefits as income. For that reason, I believe they would be more willing to accept a sponsor's affidavit as sufficient if the sponsor isn't currently collecting means-tested public benefits. If your sponsor can obtain private insurance then they should probably do so.