Ex Husband Threatening to Apply for Food Stamps

[Eric-Pris 1,607]

Even if he applies and gets approved for welfare, the likelihood of the government coming after you is small. Personally, if it was me, I wouldn't even give it a second thought.

[Rc123rc 528]

Thank you everyone for your replies. After speaking with his mom (who he lives with), I don't think he'll actually even try to apply. He was probably just using this as a manipulation tactic to try to get me to send him money. We actually do have it written into our divorce decree that he will not apply for government assistance and that he will be held responsible if he does. I'm not sure that would hold up in court but it's better than nothing!

Is that clause actually enforceable? I'd re-check that with your lawyer considering this is a Federal governing issue.

[newacct 688]

He is "threatening to apply for foodstamps"

The "threat" makes it a blackmail..

He is within his right to apply for public assistance but to use it as a bargaining power by threatening is not right.

It is not blackmail. If he were threatening to reveal embarrassing information about the OP or accuse the OP of doing something bad, that would be blackmail. He is threatening to do something that he (assuming he qualifies) not only has every right to do but it is for his own life survival needs.

In fact, if the OP were fulfilling her obligations under the Affidavit of Support, that would prevent him from qualifying for such benefits. So under the situation that the OP is not fulfilling her obligations, if the immigrant is really needs money for food, then fending for himself with government assistance is already the most amicable thing he can do; at least he is not suing her.

[Expat1 971]

He is "threatening to apply for foodstamps"

The "threat" makes it a blackmail..

He is within his right to apply for public assistance but to use it as a bargaining power by threatening is not right.

He's within his right to tell his ex he's applying. Doing so is not a "threat"

[Expat1 971]

Thank you everyone for your replies. After speaking with his mom (who he lives with), I don't think he'll actually even try to apply. He was probably just using this as a manipulation tactic to try to get me to send him money. We actually do have it written into our divorce decree that he will not apply for government assistance and that he will be held responsible if he does. I'm not sure that would hold up in court but it's better than nothing!

LMAOOO seriously? "Ok, I'm poor so I need public assistance, but I will be held responsible for it" is in your divorce decree? Just who do you think is going to enforce that for you?

At the end of the day under federal law you are responsible for these immigrants and can be held accountable for repaying any means tested benefits they need. The best way to avoid being held accountable for it is to shoulder your responsibilities and keep your sponsored immigrants above the poverty line.

[Kolewenoik31 57]

I don't want to sound like a parrot but I will say that yes he can apply and probably will be approved. These county workers go out of their way to find the exact Snap {federally funded, not county funded}, benefits that they can just to be able to get them approved. Same with cash aid they will push and push even if you tell them that immigration says the immigrant is not to be a public charge.

[subwayguy 100]

Thank you everyone for your replies. After speaking with his mom (who he lives with), I don't think he'll actually even try to apply. He was probably just using this as a manipulation tactic to try to get me to send him money. We actually do have it written into our divorce decree that he will not apply for government assistance and that he will be held responsible if he does. I'm not sure that would hold up in court but it's better than nothing!

Your divorce decree is not enforceable , AT ALL.

[IcezMan_IcezLady 582]

Expat1,

And what "right" is that ?

Can you give me a law that says he has the "right to inform" OP?

Smh....You folks live on the as assumption that everything is protected by law.

OP clearly said he "threatened" her with that maybe as a payback.

The alien spouse can apply for benefit but he can't apply for "food stamps" because he is not qualified.

Where in the I-864 does it say the alien spouse has the "right" to inform OP?

Unless you have a different definition of "right". It is just a courtesy to inform the sponsor but not a "right". He threatened OP. That's the issue. I am interested in what he wants in return.

Like we all agree that he can get public assistance.

Don't make up stuff . The I-864 did not make any stipulation about such "rights".

[IcezMan_IcezLady 582]

I don't want to sound like a parrot but I will say that yes he can apply and probably will be approved. These county workers go out of their way to find the exact Snap {federally funded, not county funded}, benefits that they can just to be able to get them approved. Same with cash aid they will push and push even if you tell them that immigration says the immigrant is not to be a public charge.

OP's husband is not qualified for food stamps..it is for citizens or alien children under 18, assylum seekers, refugees, etc.

[Expat1 971]

Expat1,

And what "right" is that ?

Can you give me a law that says he has the "right to inform" OP?

Smh....You folks live on the as assumption that everything is protected by law.

OP clearly said he "threatened" her with that maybe as a payback.

The alien spouse can apply for benefit but he can't apply for "food stamps" because he is not qualified.

Where in the I-864 does it say the alien spouse has the "right" to inform OP?

Unless you have a different definition of "right". It is just a courtesy to inform the sponsor but not a "right". He threatened OP. That's the issue. I am interested in what he wants in return.

Like we all agree that he can get public assistance.

Don't make up stuff . The I-864 did not make any stipulation about such "rights".

He "threatened" OP with her obligation to support him and his child? Sure.

His "right" to support was sealed when the OP signed the affidavit of support. Let's review what that means according to USCIS:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

Responsibilities as a Sponsor

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become U.S. citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.

Note: Divorce does NOT end the sponsorship obligation.

If the individual you sponsored receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant.

See how that works? The sponsor is required to support the immigrant, not dump him/her on the taxpayers but if they weasel out of their responsibilities then they can be held accountable to the taxpayers.

Let's look at the actual Statute though, I'll highlight the important parts for you to save you time. Maybe USCIS made a mistake.

https://fam.state.gov/FAM/09FAM/09FAM030208.html

By executing Form I-864, the sponsor agrees to:

(a) Provide financial support necessary to maintain the sponsored immigrant at an income that is at least 125 percent of the Federal poverty guidelines for the indicated family size (see 9 FAM 302.8-2(B)(17)); and

(b) Reimburse any agencies that provide means-tested benefits to a sponsored alien.

So the immigrant has the right, by statute, to expect to either be supported as per Title 9 FAM 302.8-2(B)(8) Legal Obligations of Sponsors (OR) expect the sponsor to reimburse agencies for benefits. IF the immigrant called the sponsor, asked for the support, and she refused, and informed her that he would then apply for benefits then he is just reading the law, word for word, to her.

Either the statute is a "threat" (which is a pretty stupid position don't you agree) or the immigrant just outlined the law to the sponsor in expectation that it be followed. Assuming the immigrant either asked for support or stated he would apply for benefits which the sponsor would be responsible exactly and word for word follows the law. Pretty dumb to whine "threat" at that.

Edited July 8, 2016 by Expat1

[Spmaria 11]

He can apply but it doesn't mean he will be approved. If you worried - check with your state's (or his state's of residence if he lives in a different one) government assistance programs. There are different rules for different states. For example in New York (city) you can get food stamps and Medicaid even if you just came to the States with a green card or just adjusted your status and got one (that's not right but that's not the point right now) but in New Jersey you have to be a legal US resident for 5 years. In New Jersey they don't care if you became a citizen already (let's say, based on 3-year marriage of USC), they count from the date on your green card. But, I guess, minor kid can get some kind of government help. And yes, you will be responsible for that. Your written agreement doesn't have any weight against those rules.

[Expat1 971]

Your divorce decree is not enforceable , AT ALL.

No kidding

[Kolewenoik31 57]

OP's husband is not qualified for food stamps..it is for citizens or alien children under 18, assylum seekers, refugees, etc.

Ahhhh oh yes he is under the federal program SNAP....he is qualified. I know first hand. I was supersized as well but the county workers will give it to him if he applies. Also I called with interest to USCIS and the rep told me that as long as the agencies don't sue....they can receive public assistance of any kind.

[IcezMan_IcezLady 582]

Expat1,

You are still missing my point.

I know what the contract says and I never said he couldn't.

You said "he is with his right to inform" OP .Unless I'm missing something there.

But that's what I asked you for. Where does it say the LPR or alien spouse has "right to inform" her?

That was my question.

You are been evasive because you know there is no such thing as "right to inform".

What his demands were and if it was a threat could constitute blackmail.

But for a blackmail to charged against the ex, OP needs more statements that constitute illegal acts. But the affidavit of support will still be enforceble by law.

Ahhhh oh yes he is under the federal program SNAP....he is qualified. I know first hand. I was supersized as well but the county workers will give it to him if he applies. Also I called with interest to USCIS and the rep told me that as long as the agencies don't sue....they can receive public assistance of any kind.

How is he under the "federal program"?

I don't understand..maybe you can explain more.

[IcezMan_IcezLady 582]

He can apply but it doesn't mean he will be approved. If you worried - check with your state's (or his state's of residence if he lives in a different one) government assistance programs. There are different rules for different states. For example in New York (city) you can get food stamps and Medicaid even if you just came to the States with a green card or just adjusted your status and got one (that's not right but that's not the point right now) but in New Jersey you have to be a legal US resident for 5 years. In New Jersey they don't care if you became a citizen already (let's say, based on 3-year marriage of USC), they count from the date on your green card. But, I guess, minor kid can get some kind of government help. And yes, you will be responsible for that. Your written agreement doesn't have any weight against those rules.

Not just any LPR can get food stamps. SNAP is federally funded so not state specific.

There is a criteria to meet before someone can qualify.

OP's ex and apply for his children if they are under 18, or have disability, refugees, assylum seekers,etc but not just any permanent resident.

He can get WIC on other hand if the children are young (not sure if the age).