Public Assistance During AOS?????

[glazierguy 20]

I was laid off after 14 years at the same job. I also was going through a divorce at the same time. I now have full custody of my 2 children. I now have a new job and have had it for 3 months. My fiancée is now here in the USA on a K1 visa. I still receive food stamps from when I was laid off. I make enough to be above the poverty guide lines for the AOS. The state wants me to re file for food stamps, my question is..................Even though I meet the poverty guidelines for AOS will it be a problem if they see I took public assistance for food stamps while trying to get my fiancée adjusted? I don't need to do it, but it wood always be nice to have more food if I qualify. I just don't want to risk any of this process. Thanks for your time......

[Ian H. 207]

No, this won't affect you in any way. It's perfectly possible to qualify for food stamps and still be a sponsor. This is because food stamps require that you make 133% of the poverty level or less, whereas for sponsorship you only need to make 125%.

Also, you are the petitioner and you have every right to use whatever assistance you are entitled to and qualify for. As long as your fiance doesn't apply for food stamps, which she wouldn't qualify for anyway for at least 5 years. You will need to report your marriage to your social worker because they will need to count her income once she starts working. I'm not sure how it works in Oregon, but here in NY, they only count one third of her income.

If you don't make enough, you will need a joint sponsor. And again, current or previous receipt of public benefits will not affect your ability to sponsor her. Several people I know were receiving food stamps and were able to bring their spouses, also I was on medicaid and had no issues. I did use a joint sponsor, but that was because my income was below 125%.

Also, they don't call food stamps public assistance. Welfare is called public assistance. Food stamps is considered a non cash means tested benefit.

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS processes, past K1~

[glazierguy 20]

To get right to the point....should i put her name on this new paperwork they are asking for, to see if i still qualify? and could possibly get more food stamps? Thanks....

[Ian H. 207]

You have to include her in the form anyway since you are married. You won't get any benefits for her though because she isn't an LPR. You have to make clear on the form what her status is so that they won't think she's an LPR.

Even after she becomes an LPR, you still won't get any additional benefits for her because there is a 5 year ban before an LPR could qualify for food stamps and most other federal assistance. The good thing is that by having an extra member in your household whom you support, is that you will be allowed to make more money and still qualify for benefits.

For example, a household of 3 is only allowed to make about $2k a month to get food stamps whereas a household of 4 is allowed to make about $2600 a month.

Therefore in order to be her sole sponsor and qualify for food stamps your income would have to be around $30k a year and below $32k. If your income is below $30k you will need a joint sponsor, but you will still qualify for food stamps.

[glazierguy 20]

im not married yet.......

im not married yet.......

[glazierguy 20]

simple question........Not Married.......put her on it or dont????? i know all the dollar amounts......

[Ian H. 207]

I think you have to put her even if you aren't legally married because you are part of the same household. For food stamps purposes you have to count everyone who buy and prepare meals with.

[glazierguy 20]

thank you....so in your opinion, it shouldnt be a problem?

[Merrytooth 5,748]

thank you....so in your opinion, it shouldnt be a problem?

I think you should ask the state/agency for clarifications.

[Ian H. 207]

Yes, it shouldn't be a problem. Even though each state has it's own procedures, food stamps now called SNAP, is a federal program therefore the rules should be uniform throughout the states. In which case you have to include her as part of your SNAP household because she is your fiance and you buy and prepare meals together. Her status won't affect your eligibilty for the program in any way and your receipt of this benefit will not affect her status either. She will not be applying for or receiving benefits she simply makes up part of your household in order to determine what you and your children should get.

thank you....so in your opinion, it shouldnt be a problem?