Is WIC welfare for I-864 purposes?

[Rebecca Jo 1,962]

Public charge and "means tested benefit" are 2 different things.

Medicaid IS means-tested, the USC can be sued by the government to pay it back.

As I stated, public charge and means tested benefit are 2 different things.

Just because someone CAN get them, doesn't mean the government won't pursue them to repay it.

But......it is the designation of the alien having become a public charge by use of a means tested benefit that triggers any repayment.

I think kptaylor is correct. Or at least as right as anyone can be with no knowledge of the OP's state of residence. Read within for info on "deeming":

http://www.nilc.org/sponsoredimms&bens-na-2009-08.html

Regarding Medicaid, if you carefully read the Medicaid services listed in kptaylor's link, these are very limited services or emergency Medicaid services. Every so often there's another thread here about a pregnant K1 newlywed accepting emergency Medicaid. And we then go through the exercise of re-educating everybody that it's perfectly OK for the alien spouse to deliver under this program.

The real trigger for any possible repayment under the I864 is accepting a cash benefit. There are many things in this world which appear to be means tested because the service is based upon income levels. I don't believe that a nutrition program which benefits a USC child is one of them.

I should also add that the State Department can't detemine what USCIS will do. Stick to links from the authority which would be making a decision.

Edited April 6, 2013 by Rebecca Jo

[VanessaTony 3,567]

But......it is the designation of the alien having become a public charge by use of a means tested benefit that triggers any repayment.

I think kptaylor is correct. Or at least as right as anyone can be with no knowledge of the OP's state of residence. Read within for info on "deeming":

http://www.nilc.org/sponsoredimms&bens-na-2009-08.html

Regarding Medicaid, if you carefully read the Medicaid services listed in kptaylor's link, these are very limited services or emergency Medicaid services. Every so often there's another thread here about a pregnant K1 newlywed accepting emergency Medicaid. And we then go through the exercise of re-educating everybody that it's perfectly OK for the alien spouse to deliver under this program.

The real trigger for any possible repayment under the I864 is accepting a cash benefit. There are many things in this world which appear to be means tested because the service is based upon income levels. I don't believe that a nutrition program which benefits a USC child is one of them.

No, not exactly. Certain benefits aren't public-charge issues but ARE means-tested benefits issues and the USC may be asked to repay them (per the link I provided earlier CHIP is not a public charge consideration but IS a means-tested benefit that may be asked to be repaid) but they won't have an effect on the immigrants status, hence my correction on the terms used.

Otherwise I agree. WIC is a benefit for the USC child, so using it should not be a means-tested issue.

Edited April 6, 2013 by Vanessa&Tony

[VanessaTony 3,567]

Hi Guys well i just came here hoping someone would have gone through this well thing is my wife came with a K-1 Visa and we got married and now processing her adjustment of status. So anyways we got a baby girl last month we wanna apply for WIC program for those of you who havent heard about it its like a program providing nutrition which is done by the department of Agriculture , so question is since i signed affidavit of support if we get this program would that be considered as welfare or ? anybody who knows pleases help

WIC is a means-tested benefit in that your income is taken into consideration, but I believe that as it is a resource for the USC child, not necessarily for the immigrant, you most likely won't be asked to repay.

[Rebecca Jo 1,962]

No, not exactly. Certain benefits aren't public-charge issues but ARE means-tested benefits issues and the USC may be asked to repay them (per the link I provided earlier CHIP is not a public charge consideration but IS a means-tested benefit that may be asked to be repaid) but they won't have an effect on the immigrants status, hence my correction on the terms used.

Otherwise I agree. WIC is a benefit for the USC child, so using it should not be a means-tested issue.

I disagree Vanessa. But, hey - whatever.

And I will once again add - your link is from State. Not a good source for a Service issue.

Edited April 6, 2013 by Rebecca Jo

[Cathi 5,748]

WIC would be for the USC baby, not the mother so it would not have negative effect on your wife.

[newacct 688]

Basically, I think the story is this: before the immigrant gets a green card, it's okay for the immigrant to get WIC, Medicaid, Food stamps, etc. all they want if they qualify, because these things are not considered for public charge consideration when adjusting status. And I-864 obligations only kick in when the immigrant becomes a permanent resident.

However, after they get a green card with a sponsor who filled out an I-864, then the sponsor's income will be considered when they try to get these things, and thus they likely won't be able to get it; and even if they do get it, the government can sue the sponsor to pay it back.

[destiny64 222]

WIC would be for the USC baby, not the mother so it would not have negative effect on your wife.

Maybe if you write it in caps and swear people will see what you wrote lol, don't complicate what is uncomplicated by giving too many facts. WIC IS FOR THE BABYYYYYYYYY, which means its perfectly fine. The baby is a US CITIZEN receiving nutrition, and was not included in the initial sponsor contract.

[cris&bryan 1]

I'm glad you post this kind of topic. I'm 4 months pregnant and my insurance adviced me to register the WIC for my baby but I hesitate to register because of my on going adjustment of status. This post helps me a lot too

[newacct 688]

Maybe if you write it in caps and swear people will see what you wrote lol, don't complicate what is uncomplicated by giving too many facts. WIC IS FOR THE BABYYYYYYYYY, which means its perfectly fine. The baby is a US CITIZEN receiving nutrition, and was not included in the initial sponsor contract.

I believe that there is WIC separately for the baby and the mother (that's why it's called "Women, Infants, and Children"). When my girlfriend was pregnant, she got WIC for herself (baby was not born yet). After the baby was born, the baby couldn't get WIC because my income was too high. But they said the mother could still get WIC. But the mother couldn't get things like formula and breast pump because that's only for the baby's WIC. The mother could only get things like milk and bread.

Edited April 7, 2013 by newacct