Pending I 485, I 130 & I 765

[freebird1178 0]

Greetings to all VJ users !!!

I am a U.S. citizen and have applied I 130, I 485 & I 765 concurrently for my wife ( F1 status maintained so far) after we been married for 6 month.

we've received the receipt letters & had her biometric taken like about a month ago.

while we were applying, I only had part time job by which I used to make around 13k (< poverty level for 2 family member). so I had a joint sponsor and of course, I myself as a primary sponsor.

we got an RFE for not submitting proof of Joint sponsor's residensy status which is dumb, my mistake. so I sent copies of their Green Card.

Now I found the job of my field, and I just started making around 35k from this month.

so My question is :

1) How long the process got delayed by that stupid RFE??

2) If they do not approve Joint Sponsor's income (which is barely up to the limit,& not so stable job), Can I be the only sponsor since I make enough money now???

3) This one prolly off-topic, but good news (& exicited), my wife is pregnant. I urgently require some sort of insurance. I will be able to get health benefit from my job after 1 year due to the fact that i got hired by an agency. so, I am planning to apply some state's health benefit programms. does that affect the whole green card process??

Thanks in advance !!!

[VanessaTony 3,567]

1) How long the process got delayed by that stupid RFE??

2) If they do not approve Joint Sponsor's income (which is barely up to the limit,& not so stable job), Can I be the only sponsor since I make enough money now???

3) This one prolly off-topic, but good news (& exicited), my wife is pregnant. I urgently require some sort of insurance. I will be able to get health benefit from my job after 1 year due to the fact that i got hired by an agency. so, I am planning to apply some state's health benefit programms. does that affect the whole green card process??

Thanks in advance !!!

1. RFE's can delay around 2 months. Depends on how long you took to reply to it

2. They should RFE you for inadequate sponsor. Luckily it's not the same as the RFE you already got otherwise they would deny outright.

3. Depends on what you use. It won't affect the AOS but it will affect YOU and your joint sponsor if it's a means-tested benefit as the government will make you pay it back. Here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

Also I have reported this thread to be moved to the proper forum.

[Kathryn41 3,205]

Thread has been moved from AOS from a Family visa to AOS from a work, Student & Tourist Visa as applicant is adjusting from a student visa.

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Congratulations on the marriage and pregnancy .

[freebird1178 0]

1. RFE's can delay around 2 months. Depends on how long you took to reply to it

2. They should RFE you for inadequate sponsor. Luckily it's not the same as the RFE you already got otherwise they would deny outright.

3. Depends on what you use. It won't affect the AOS but it will affect YOU and your joint sponsor if it's a means-tested benefit as the government will make you pay it back. Here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

Also I have reported this thread to be moved to the proper forum.

Thanks for your quick reply & the link you've attached !!

This is I found there:

Benefits Not Subject to Public Charge Consideration

Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:

Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services) other than support for long-term institutional care

Children's Health Insurance Program (CHIP)

I am planning to apply her for CHIP. According to the link you've provided, assuming its Authentic & current, I dont see any problem. do you think it would be catagorized as means-tested Benefits??

[NancyNguyen 1,658]

Thanks for your quick reply & the link you've attached !!

This is I found there:

Benefits Not Subject to Public Charge Consideration

Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:

Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services) other than support for long-term institutional care

Children's Health Insurance Program (CHIP)

I am planning to apply her for CHIP. According to the link you've provided, assuming its Authentic & current, I dont see any problem. do you think it would be catagorized as means-tested Benefits??

If you believe there is no problem at all, then please feel free to go ahead and apply for it. No need to ask if you are sure about the answer...

[NancyNguyen 1,658]

By the way, if you are making 35K a year, it is not a low income for a family of 3 with child under 18 (the low income guideline is $18,530 a year) please see it here: http://www.census.gov/hhes/www/poverty/data/threshld/index.html so they will not approve your CHIP for the baby.

Edited November 13, 2011 by NancyNguyen

[ceadsearc 516]

OP isn't sure, that's why they said "do you think?"

OP, it doesn't sound like it is means-tested but you can ask when you apply.

[freebird1178 0]

OP isn't sure, that's why they said "do you think?"

OP, it doesn't sound like it is means-tested but you can ask when you apply.

Thank you all for sharing knowledge !!

Nancy, I know you right. Actually I was filing the form now and came upon income page and got paused there . I do make more than what CHIP allows. Sounds like its not gonna work. But the fact is I just started working (my 2nd week ), I am flat broke, & got my student loans to pay and stuffs around to take care. I am wondering if you know any other program that I could cover her doctor's visit in my circumstances.

I appologize to VJ family for off-topic threading. You guys been great through all these processess !!!

[VanessaTony 3,567]

Thank you all for sharing knowledge !!

Nancy, I know you right. Actually I was filing the form now and came upon income page and got paused there . I do make more than what CHIP allows. Sounds like its not gonna work. But the fact is I just started working (my 2nd week ), I am flat broke, & got my student loans to pay and stuffs around to take care. I am wondering if you know any other program that I could cover her doctor's visit in my circumstances.

I appologize to VJ family for off-topic threading. You guys been great through all these processess !!!

Its your topic! Take it where you want!!

You might want to consider getting insurance for her... if they're take her because of the "pre-existing condition".