Support from the husband who signed i-864 and separation

[TBoneTX 45,285]

I too urge you, in the strongest possible terms, to obtain your U.S. citizenship as a top priority. Follow this advice, and you might thank us in the future.

[xmgirl 4]

Everyone,

Thank you very much for all of your replies...

[Kiv 32]

Everyone,

Thank you very much for all of your replies...

I have a degree in computing systems as well and I have never worked as IT, i have been in manufacturing for more than 20 years, my Experience in Mexico helped me to get a job here in the same area, there are many places where they need somebody who can handle information. Don't despair.

[Ian H. 207]

Hi,

I'm not trying to argue with you so please don't misinterpret this post, but either you were lied to (which they do a lot) and/or you tried to apply for medicaid before Obamacare.

Medicaid is a federally funded program, meaning it has to follow federal law. That said, federal law requires that you be an LPR for 5 years in order to receive federally funded medicaid. States have the option to provide medicaid to their residents who have been LPR's for less than 5 years at their own expense. They cannot deny medicaid to an LPR who has been in status for at lest 5 years if he/she is otherwise eligible.

From the links I will post below, it looks like Maryland was one of those states that didn't offer medicaid to any adult that wasn't disabled or with children. However, after the medicaid expansion, medicaid should now be available to any adult who is otherwise eligible and makes below 138% of the poverty level. If you are an LPR who has been in status for 5 years you would be eligible.

You were told the truth in regards to needing SSI to get Medicaid in MD, but this was before Obamacare, not true anymore. However, you were lied to about SSI. LPR's are indeed eligible for SSI, but only after they have 10 years of work, i.e. 40 social security credits. Pre 1996, LPR's were qualified to receive SSI regardless of work credits. After the welfare reform act, if you are an LPR you are eligible after you have earned these credits, USC's can qualify for SSI at anytime.

Therefore, if you didn't qualify for medicaid before Obamacare, you would qualify now assuming you meet all other requirements. By the way, I don't agree that the OP should start applying all over the place for benefits, but I don't think that poster's intention were for the OP to lie. If she truly needs assistance and she is eligible for it, she can apply for it. She has met the prerequisite amount of time required by federal law to qualify for these benefits and she shouldn't be afraid to apply for them.

Sorry, but, the portion bolded is not true for all states. I can vouch that for Maryland. To qualify for Medicaid, you need to have SSI and to have SSI, you need to be a citizen. In MD, they do not give you any of these benefits except food stamps and CHIP without you being a citizen. Tried that myself, and have rejection letter from Social security.

Lot of times people refer to medicaid but, actually mean emergency medical assistance or emergency medicaid. Even the DSS folks refer to this relief as medicaid. Emergency medical assistance is not a mean tested benefit.

And to the moron who is advising the OP to seek benefits everywhere to get back at her STBX, go to hell. OP will land in more trouble than what she is in for. In most cases, she will not qualify and if they catch her lying on any of these papers and finds discrepancies anywhere, she will be in Govt. hell. Just get a divorce and move on. Life hands you a lemon, try to make a lemonade.

Edited October 15, 2014 by Ian H.

[Ian H. 207]

Oops. I forgot the links.

https://mmcp.dhmh.maryland.gov/SitePages/Medicaid%20Eligibility%20and%20Benefits.aspx

http://marylandhbe.com/wp-content/uploads/2013/08/mhc_MEDICAID_factsheets.pdf

[Ian H. 207]

By the way, the above post only applies to states that opted for medicaid expansion. Other states still have their own eligibility requirements, but they cannot deny medicaid to an LPR in status for 5 years who is otherwise eligible.

[xmgirl 4]

Ian H,

Thank you for the info. Definitely I need to also address the healthcare part....

[xmgirl 4]

Also I think I may just pay the fine for not enrolling in the Obamacare. I have heard some people are going to choose to do that instead of pay the high rates of health coverage with these crazy and bad new laws >

Edited October 16, 2014 by xmgirl

[Ian H. 207]

If you are getting divorced, that may qualify as a "major life event", but I'm not sure if you have be in divorce proceedings or if it has to be final, you may want to find out in your state's health exchange. You should apply for health coverage because you don't know what you may qualify for.

Also I would just like to note since others mentioned this and I'm not telling you whether you should do it or not, I'm just pointing out a fact, the I-864 does give you the right to sue your husband for support.

This is a lawsuit separate from divorce and is solely based on the I-864. People were incorrect in saying that the form is only for the government to sue for benefits you receive, I verified this by reading the I-864 again and I know there have been lawsuits against sponsors, but mostly from an ex spouse.

Edited October 16, 2014 by Ian H.

[d3adc0d3 186]

If you are getting divorced, that may qualify as a "major life event", but I'm not sure if you have be in divorce proceedings or if it has to be final, you may want to find out in your state's health exchange. You should apply for health coverage because you don't know what you may qualify for.

Also I would just like to note since others mentioned this and I'm not telling you whether you should do it or not, I'm just pointing out a fact, the I-864 does give you the right to sue your husband for support.

This is a lawsuit separate from divorce and is solely based on the I-864. People were incorrect in saying that the form is only for the government to sue for benefits you receive, I verified this by reading the I-864 again and I know there have been lawsuits against sponsors, but mostly from an ex spouse.

Can you please provide us with links of your sources? Law can be interpreted differently, and if you have links of any successful court cases that would help other posters to be able to help others in the future.

Until sources are cited, I'm afraid this is just going to be considered a case of "I saw a naked man on a flying unicorn once". (I really did!)

[Ian H. 207]

Read page 7 on the I-864, the very last part where it says "what if I do not fulfill my obligations". Also I'm not bothered if you or anyone doesn't believe it to be true, there have been cases, successful cases where they have sued for support. I'm just not going to bother looking for it, I know I proved my point already in another thread a few months ago so I'll just go about my day. Feel free to research this yourself if you want.

Can you please provide us with links of your sources? Law can be interpreted differently, and if you have links of any successful court cases that would help other posters to be able to help others in the future.

Until sources are cited, I'm afraid this is just going to be considered a case of "I saw a naked man on a flying unicorn once". (I really did!)

Edited October 16, 2014 by Ian H.

[Ontarkie 14,221]

If you are getting divorced, that may qualify as a "major life event", but I'm not sure if you have be in divorce proceedings or if it has to be final, you may want to find out in your state's health exchange. You should apply for health coverage because you don't know what you may qualify for.

Also I would just like to note since others mentioned this and I'm not telling you whether you should do it or not, I'm just pointing out a fact, the I-864 does give you the right to sue your husband for support.

This is a lawsuit separate from divorce and is solely based on the I-864. People were incorrect in saying that the form is only for the government to sue for benefits you receive, I verified this by reading the I-864 again and I know there have been lawsuits against sponsors, but mostly from an ex spouse.

Kinda of hard to get money for support when he is not working and from the sounds of it wont be anytime soon.

If by the time they get divorced she is working it may backfire on her and she could be paying him support. I doubt it but wouldn't put it past some people.

[Ian H. 207]

That's why I wasn't suggesting that she sue him for support or not, but simply correcting others who said that it's not possible to sue your sponsor under the I-864. She would have about the same hard time being able to collect on a judgment as the government agency would. Many assets and income are exempt from debt collection.

By the way, the fact person doesn't have income doesn't mean you can't sue. You just wouldn't be able to collect until they have income. If that were the case creditors wouldn't be able to sue their broke debtors.

[Ontarkie 14,221]

Yes some courts have used the it as a base to set up support. I think someone on here has posted it happening to them. It's not used very often successfully. But this is a topic for a different thread.

Edited October 16, 2014 by Ontarkie

[d3adc0d3 186]

Read page 7 on the I-864, the very last part where it says "what if I do not fulfill my obligations". Also I'm not bothered if you or anyone doesn't believe it to be true, there have been cases, successful cases where they have sued for support. I'm just not going to bother looking for it, I know I proved my point already in another thread a few months ago so I'll just go about my day. Feel free to research this yourself if you want.

Oh my... I thought I was as unoffensive as possible. I didn't mean to give insult.

My purpose of asking for sources was so that others who may be able to offer advise on a similar subject can read these cases, perhaps bookmark them, and use them to advise other users later down the road.

I personally did not question your honesty, integrity, or other such gentlemanly attributes. I simply asked for sources for others to be able to read and add to their library of knowledge. There is no need to get your hackles up, sir, as no offense was given. I seek only knowledge for myself and others.

Edited October 16, 2014 by d3adc0d3