Please help! Petitioner got laid off while in AOS

[Chris A. 1]

Hello everyone!

Maybe you can all give us an honest assessment and help us sort our current condition.

1. We got married within 90 days of entry to the US (late April)

2. We filed the AOS, EAD, and AP early June with all relevant documents

3. Got our NOA1 for all 3 documents on June 4th

4. Did biometrics and photo on July 1. Had some difficulty with my fingerprints due to faded lines on my fingers but eventually got through the fingerprinting.

---> The VERY NEXT DAY (July 2), my husband got laid off.

My husband is the only one listed in the original AOS packet as my sponsor (I-864). His former salary was above the poverty limits so we felt we were okay with just his income. Currently we are dependent on savings while he looks for work (I dont have my EAD yet). He also decided to apply for EDD (Employment Development Department), a financial assistance program in the state of California where you receive money (not much) while you are looking for work. We are confident he will find work within the next 2 weeks. He has not received approval for his EDD application as of today.

5. On July 21, we got notice that I am being scheduled for an interview and to wait for the letter in the mail. No interview date given yet.

6. Also on July 21, we got confirmation that I am pregnant and due to deliver in March 2015.

Our questions:

1. What kind of complications does this community foresee in our case? How can we be better prepared? Do you guys think I have a strong chance of getting denied?

2. Can we, at the time of our interview with the IO, add a joint sponsor and submit his/her paperwork at the interview? What should we expect at the interview given the situation?

3. Will I be considered a public charge? I have not applied for anything other than Medi-cal (low income health insurance) and I understand this does not fall under public charge

4. Again, we are confident that he will find sufficient work soon. But will the lapse between jobs make things complicated? Did the EDD application make things complicated for us?

We greatly appreciate any input, and welcome any bit of encouragement! We dont know if anyone has gone through something similar, we have been browsing the forums but haven't come across something similar to our situation.

Thank you in advance!!!

Sincerely,

C+C

[Harpa Timsah 13,258]

You can prepare another I-864 for the interview and get a co-sponsor. The I-864 must be accurate and approvable both at the time of submission and the time of approval, so with the change in circumstances, a new I-864 will be required.

Unless he gets a new job, like today.

And, if he got laid off, then he should apply for unemployment compensation. This is insurance, and not a public charge thing at all.

Best of luck.

Edited July 25, 2014 by Harpa Timsah

[Ian H. 207]

According to USCIS, the programs that count towards public charge are, SSI(supplemental security income), Welfare AKA TANF or safety net assitance, and long term medicaid like being hospitalized in an institution. Things like food stamps(SNAP), regular medicaid, tuition assistance, public housing or section 8, unemployment insurance, CANNOT and DO NOT count toward the public charge determination. In some states you have to wait 5 years to apply for some of these programs. Here in NY, you can get medicaid as soon as you become an LPR. Also some states, if not all, let pregnant women apply for medicaid without regard to immigration status, which you seem to already have. Also if your husband isn't making enough he will need a joint sponsor who doesn't have to be related in any way to you or him, just that he makes above 125% poverty level. Remember any assistance of the ones I mentioned above that you apply for CANNOT be used against you, only the ones that USCIS specifically considers. I will post a link with relevant info. This list contains info about public charge with USCIS.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

Also your husband can apply for any of these programs if he qualifies as well. As long as you use a good joint sponsor his level of income won't affect your case.

[Gail83 21]

In reference to the above poster please also be aware that although Medi-Cal may not be considered to be a public charge and therefore affect the granting of your greencard as far as I'm aware it is considered to be a means tested benefit and as such your sponsor can be held responsible for repaying it as per the I-864. Feel free to correct me if I'm wrong.

[Ian H. 207]

I looked it up a while ago because my spouse was eligible to apply for medicaid through the state exchange. They can go after the sponsor, however since these enforceable affidavits went into effect back in 1997, there have been no cases where the govt sued the sponsor for support received. Some states ask for the sponsor information though depending on the particular benefit. In this case she is receiving the benefit with her spouse's income, since she hasn't filed with a joint sponsor. Pregnant women are usually exempt depending on the state. When she gives birth, if she no longer qualifies for herself, they will leave it for the baby. The baby would be entitled to it for being a USC. That is of course assuming they qualify based on income. Some states are much more lenient than others, so she can always ask if it would affect her sponsor since its up to the local social services where she applied to sue. As to the public charge, I want the OP to feel that her status shouldn't be affected as long as she doesn't apply for any of the benefits that are deemed "public charge."

In reference to the above poster please also be aware that although Medi-Cal may not be considered to be a public charge and therefore affect the granting of your greencard as far as I'm aware it is considered to be a means tested benefit and as such your sponsor can be held responsible for repaying it as per the I-864. Feel free to correct me if I'm wrong.

[Gail83 21]

I looked it up a while ago because my spouse was eligible to apply for medicaid through the state exchange. They can go after the sponsor, however since these enforceable affidavits went into effect back in 1997, there have been no cases where the govt sued the sponsor for support received. Some states ask for the sponsor information though depending on the particular benefit. In this case she is receiving the benefit with her spouse's income, since she hasn't filed with a joint sponsor. Pregnant women are usually exempt depending on the state. When she gives birth, if she no longer qualifies for herself, they will leave it for the baby. The baby would be entitled to it for being a USC. That is of course assuming they qualify based on income. Some states are much more lenient than others, so she can always ask if it would affect her sponsor since its up to the local social services where she applied to sue. As to the public charge, I want the OP to feel that her status shouldn't be affected as long as she doesn't apply for any of the benefits that are deemed "public charge."

I wasn't arguing with you. I just think it's important that the OP is aware that there is the potential for the government to seek reimbursement as per the I-864.

[Ian H. 207]

I'm sorry if it came off as arguing, but I was agreeing with you which is why I wanted to elaborate on it further.

I wasn't arguing with you. I just think it's important that the OP is aware that there is the potential for the government to seek reimbursement as per the I-864.

[KayDeeCee 4,893]

They can go after the sponsor, however since these enforceable affidavits went into effect back in 1997, there have been no cases where the govt sued the sponsor for support

Really? None? Successful or not?

[Ian H. 207]

None. The only cases have involved the spouse suing for support under the i864 without having to sue for alimony.I remember I was surprised. They technically can go after sponsor but there haven't been any case anyone is aware of. Again, the OP can verify with the local office where she applied for benefits. My cousin went to apply for child care, which is a form of welfare, two months after her husband came and I told them not to because they may sue sponsor. She went anyway and asked them if they would have any problems with uscis or with sponsor and they assured them that they wouldn't. Also I was concerned when I applied for medicaid for my wife and thats when I came across several government and humanitarian organization articles where they assured people that no one has ever been sued by the welfare agency. If they start doing it now, it would be pure coincidence. Also the OP is ok because she is getting benefits for being pregnant, and pregnant women are exempt from immigration status, in some, if not all states.

Really? None? Successful or not?

[KayDeeCee 4,893]

It is not a fact that there have been no attempts for a government agency to sue sponsors. It was not successful, but occurred.

The Connecticut Department of Social Services tried to collect from some 300 derelict sponsors in 2007, but the Hartford Courant reported that effort was shut down by Attorney General Richard Blumenthal, a Democrat now serving in the U.S. Senate.

http://watchdog.org/67592/u-s-sponsors-immigrants-raid-on-welfare/

They can send you a bill without a lawsuit though, so I would not suggest people go out and get on public assistance thinking the I-864 is meaningless.

There have been quite a few lawsuits for spousal support concerning the I-864 though, yes.

[Umka36 781]

I guess what's the point of the I-864 if it isn't enforce then right?

[Ian H. 207]

You're right that one can't just apply for benefits, however the OP is already receiving benefits. I did suggest that she find out just in case to avoid problems. I know here for sure in NY that they don't pursue sponsor as we are receiving food stamps and are currently on medicaid. The husband would be eligible based on his income anyway, and since he is a USC he wouldnt have problems. OP Has to be aware that a lawsuit or billing is a possibility, but highly unlikely.

It is not a fact that there have been no attempts for a government agency to sue sponsors. It was not successful, but occurred.

They can send you a bill without a lawsuit though, so I would not suggest people go out and get on public assistance thinking the I-864 is meaningless.

There have been quite a few lawsuits for spousal support concerning the I-864 though, yes.

[sadavis5 46]

You're right that one can't just apply for benefits, however the OP is already receiving benefits. I did suggest that she find out just in case to avoid problems. I know here for sure in NY that they don't pursue sponsor as we are receiving food stamps and are currently on medicaid. The husband would be eligible based on his income anyway, and since he is a USC he wouldnt have problems. OP Has to be aware that a lawsuit or billing is a possibility, but highly unlikely.

Just because you personally have not received a bill does not mean that NY doesn't do it.

[KayDeeCee 4,893]

Yes, the unemployed USC can apply for any benefits available to him. As Harpa suggested, perhaps Unemployment to fill the gap between jobs. The foreign spouse should not apply for any means-tested benefits.

As for the I-864, yes, you can bring a joint sponsor's documentation with you to the interview so you are covered and avoid delays in your approval.

Means Tested Public Benefits

Federal means tested public benefits are the following:

• Food stamps
• Supplemental Security Income (SSI)
• Medicaid
• Temporary Assistance for Needy Families (TANF)
• State Child Health Insurance Program (CHIP)

Can the applicant use government assistance or public benefits?

If the sponsored immigrant uses federal means tested public benefits, the sponsor must repay the cost of the benefits.

What assistance programs are not considered means tested public benefit programs?

The following types of assistance are not considered means tested public benefits and do not have to be repaid.

• Emergency Medicaid
• School lunches
• Immunizations and treatment for communicable diseases
• Student assistance to attend colleges and institutions of higher learning
• Some kinds of foster care or adoption assistance
• Job training programs
• Head start
• Short-term, non-cash emergency relief

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

[lesthatsri 9]

Another thing that I read on these forums is that if your husband gets laid off and you are struggling for income it could be a base for EAD expedite production. (Extreme hardship). As far as I understood your I-864 needs to be accurate at the moment you submit it and when they approve it. However, If there is a major change like your sponsor losing his job during the waiting period is not going to harm your immigration case, because at the time you submitted it the information was accurate. (It is like some cases where the sponsor could become temporarily disabled due to a non work related accident or illness). I highly doubt that they would deny your application due to this situation, since what USCIS is looking mainly for marriage fraud. Now the good thing is that your husband can get a new job, and probably you could contact USCIS and explain your situation and ask if they can expedite your EAD processing. If either your husband get a new job or you get a co-sponsor you should bring a new affidavit I-864 to your interview and explain the situation there, with supporting documentation.