I-485 Part 3 #2

[kmossel 0]

I am having trouble answering this question while helping my husband fill out his form. The question reads...

"Have you received public assistance in the United States from any source, including the U.S. Government or andy State, county, city, or municipality (other than emergancy medical treatment), or are you likely to receive public assistance in the future?"

The part I'm having trouble with is the in the future part. I am in the process of looking for a job, however if I have not found one within 30 days of moving back I will apply for foodstamps and such services for my family until I and/or my husband can find a job.

I guess my question is if I (a US citizen) applies for any public assistance while we are in the visa process and transition of moving/looking for jobs will this have an effect on the application? Will it just be me and the kids who are US citizens receiving the benifits or will it also be considered that my spouce is receiving it as well?

[Cathi 5,748]

your husband is not qualified to receive assistance as he is not here, they only give based on the amount of people in the family currently living at your address. And according to the rules of the affidavit of support if at any time your husband receives public assistance within the first 40 quarters of work or 10 years he is here, you and/or any joint sponsors will be required to repay the government. The visa cannot be denied because the US citizen is receiving public assistance, but be aware that if you qualify for food stamps that means you do not make the minimum income requirements for the affidavit of support, so you will be required to get a joint sponsor. Good luck!!!

Edited January 3, 2013 by mimolicious

[kmossel 0]

your husband is not qualified to receive assistance as he is not here, they only give based on the amount of people in the family currently living at your address. And according to the rules of the affidavit of support if at any time your husband receives public assistance within the first 40 quarters of work or 10 years he is here, you and/or any joint sponsors will be required to repay the government. The visa cannot be denied because the US citizen is receiving public assistance, but be aware that if you qualify for food stamps that means you do not make the minimum income requirements for the affidavit of support, so you will be required to get a joint sponsor. Good luck!!!

Right now we live abroad. However we will be moving back to the US. He can enter the country on the visa waiver program and then we will file the i-485 before his 90 day VWP is up. (We were married in the USA so going this route is no problem.) My question was if I file for assistance programs will that have an effect on the i-485? I may have to call the State about this and ask if we apply if it's possible from excluding my husband. We will be staying with my parents, who do not need or I think are not even eligible for food stamps, so we won't be including them either. I dont' even know if we will qualify for them, even if I don't get a job right away because my husband is still techinically employed when we move so he will still be getting an income. I just wanted to know how to answer this question if I plan on getting assistance for me and my children.