k1 visa ,can us citizen apply for housing n food stamps?

[noche 1]

Life has so many surprises,unthinkable stuff.Now that we had the money to file for aos,comes another surprise,me and my wife and son are living at my mom s in law apartment,1bedroom apartment ,and the landlord was here today and asked us to leave as soon as possible because it s small apartment for 4 people she said.My wife s mom will stay here cuz she can t afford another place,basically me n my wife n son are homeless.Can my wife apply for food stamps and emergency housing? Will it affect our process ?My wife n son are both usc.please some answers would be really apreachiated because we r freaking out ,we have no idea what we gonna do.thanks a lot

Edited December 28, 2014 by noche

[Jawaree 717]

You wife and child is entitled to foodstamp & to apply for housing (not U)

however legally 4 ppl cannot live in one bedrm, but U can rent a one room

as a couple with a small child do not panic. Get a room and have her apply

for emergency foodstamps , Do U both have jobs, even one job can pull off a room

[noche 1]

I can t work without ead,my wife has been trying to get a job from five months now,no one is hiring,so we can t afford anything right now

[rtor1 52]

First of all I am sorry for the hard time y'all been facing, but as you said ''it happens''. I assume you didn't apply for the AOS yet, is that correct? According to the situation you described I would say you need to find a co-sponsor for you Affidavit of Support since as of now your spouse can not be financially responsible for you (That's the purpose of the Affidavit of Support). She has to be the main sponsor, however if she doesn't make enough money to reach the Poverty Guidelines according to the number of family members, you will need a co-sponsor who earns enough. In my opinion the fact she will need food stamps or other Gov support won't direct affect, but the fact she doesn't make enough to support you will IF you don't have a co-sponsor with enough income to support you. Don't freak out and please read the AOS Affidavit of Support requirements and Poverty Guidelines and make sure she will be able to apply for you herself or have a co-sponsor added.

[noche 1]

Thanks a lot for ur answer,we do have a co sponsor,he makes enough,over70thousand a year,so that s not a problem and we have not filed for aos yet cuz we had no money but my parents sent me that money and now we was working on the paperwork this other thing comes up.thank u so much

Edited December 28, 2014 by noche

[KayDeeCee 4,893]

The USC spouse and child can apply for any benefits they are eligible for.

[noche 1]

But will it affect me since I ll be living in that house

[KayDeeCee 4,893]

They will ask for the total household size, including you. Your wife needs to let them know that you are not eligible to receive benefits for yourself due to your immigration status.

[noche 1]

OK,thanks a lot for ur help ,but will that be a problem cuz of my immigration status or not? Can I live in that house with my family or I m not allowed to?

[KayDeeCee 4,893]

It does not matter that you live with your wife and child. They can get any benefits allowed to a US citizen. You won't be allowed to receive any benefits. It does not do anything to your immigration status, which is out of status, if your I-94 has already expired.

No clue how something like emergency housing would work, if they have that available. She would just need to apply for the food stamps and whatever programs she can. Asking them directly about it would be the best bet.

[raven52 233]

Since your I-94 has expired, you need to apply for AOS , very soon, and then deal with the other issues, as an expired I-94 is not good.

Work out the stuff, after it is filed, consult an attorney, as a "one time consult" should be no charge, get all the info. you can, on how to clean all this up.

Apply for what you are eligible for.

[SK2014 44]

Yes you can live with your wife and son, when she applys for benefits from the government (food stamps...etc) she will put that you live in the house but not entitled to receive the benefits (due to immigration status)

She will be given (if successful - don't see a reason why she should not be) enough support/benefits for her and your son only - so you will just have to make what she receives for two people, support the three of you until you get on your feet.

I am sorry this is happening, but like you said it does happen and to so many of us, life has a way of knocking you down sometimes, but I am sure things will work for you all.

I know it's easy to say but try not to panic, you both just need to focus on getting a place to live, getting the support you need and filing your AOS as soon as you can

Best of luck to you

Edited December 28, 2014 by SK2014

[noche 1]

Thanks a lot