I need serious advice right now....

[WandY 430]

The wife and housing manager are likely committing housing fraud. You (husband) can't be on the lease because it would disqualify her for Section 8. In fact, you're not supposed to be living in/on the premises. I would definitely be honest about the situation. Perhaps you can get a joint sponsor, move to a new place with both of your names on everything. This type of situation is exactly what the U.S. government tries to avoid. Perhaps you and your wife can get enough steady income to get off public assistance. Anything and everything is possible in the U.S.  Just look at our president. ha ha

 

Good luck!!!!

 

 

[VeVe 76]

If you were added to the household, she can ask for a copy of the 50058/9. It will list you even if you are a non citizen household member. That's documentation that you live together.

[azblk 338]

51 minutes ago, John555 said:

I was staying with her cos we had no money and I had no job or money to move her and I was hoping that our interview would be around 4 to 5 months after I receive my EAD card but it came so soon that I wouldn't have have a pay check to get a lease with our name... What would you do on my situation ?

At this point just go to your interview. There isn't much you can do. It might not even come up in interview

[f f 725]

it does not matter if it was 4 year from now or 4 months you still took a benfit. the only thing you can be is open and honest with uscis.

 

odd question but how were you living before you moved in with your wife?

[azblk 338]

5 minutes ago, f f said:

it does not matter if it was 4 year from now or 4 months you still took a benfit. the only thing you can be is open and honest with uscis.

 

odd question but how were you living before you moved in with your wife?

Stop acting like taking a benefit is illegal. Where in the INA does it say that if one takes a benefit they can not adjust status? A persons circumstances are for the most time temporary and he plans to do something about it when he get his green card and can work.

[John555 0]

2 hours ago, WandY said:

The wife and housing manager are likely committing housing fraud. You (husband) can't be on the lease because it would disqualify her for Section 8. In fact, you're not supposed to be living in/on the premises. I would definitely be honest about the situation. Perhaps you can get a joint sponsor, move to a new place with both of your names on everything. This type of situation is exactly what the U.S. government tries to avoid. Perhaps you and your wife can get enough steady income to get off public assistance. Anything and everything is possible in the U.S.  Just look at our president. ha ha

 

Good luck!!!!

 

We submitted a notice to move out by mid August cos I would get my first pay check on my first contract by July 28th but we are going to the interview by 25th July... What would I have done better without money and job ?

[f f 725]

1 hour ago, azblk said:

Stop acting like taking a benefit is illegal. Where in the INA does it say that if one takes a benefit they can not adjust status? A persons circumstances are for the most time temporary and he plans to do something about it when he get his green card and can work.

https://www.law.cornell.edu/uscode/text/8/1611#

 

(a)In general

Notwithstanding any other provision of law and except as provided in subsection (b), an alien who is not a qualified alien (as defined in section 1641 of this title) is not eligible for any Federal public benefit (as defined in subsection (c))

 

(b)Exceptions

(1)Subsection (a) shall not apply with respect to the following Federal public benefits.

 

(E)

Programs for housing or community development assistance or financial assistance administered by the Secretary of Housing and Urban Development, any program under title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.], or any assistance under section 1926c of title 7, to the extent that the alien is receiving such a benefit on August 22, 1996.

 

 

so unless he was here prior to august 22 1996 and has continuously been receiving the benfit he may have issues.

 

it does not say they can not adjust status but from the government's perspective this person is 100% likely to be a public charge since they currently are one. and that is a reason they can and do use to deny the aos.

[azblk 338]

2 hours ago, f f said:

https://www.law.cornell.edu/uscode/text/8/1611#

 

(a)In general

Notwithstanding any other provision of law and except as provided in subsection (b), an alien who is not a qualified alien (as defined in section 1641 of this title) is not eligible for any Federal public benefit (as defined in subsection (c))

 

(b)Exceptions

(1)Subsection (a) shall not apply with respect to the following Federal public benefits.

 

(E)

Programs for housing or community development assistance or financial assistance administered by the Secretary of Housing and Urban Development, any program under title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.], or any assistance under section 1926c of title 7, to the extent that the alien is receiving such a benefit on August 22, 1996.

 

 

so unless he was here prior to august 22 1996 and has continuously been receiving the benfit he may have issues.

 

it does not say they can not adjust status but from the government's perspective this person is 100% likely to be a public charge since they currently are one. and that is a reason they can and do use to deny the aos.

his wife gets a benefit not him. stop conflating the two

[f f 725]

7 hours ago, azblk said:

his wife gets a benefit not him. stop conflating the two

his wife gets a place to live through the benfit he lives there too there for he is using the benefit also.

 

he says that he pays for power but most apartments I know water and trash are included in the rent and if the rent is a being reduced by the program so would the water and trash. having two people live in a place designed for one person will always increase the water and trash usage so by living there even if it is ment for one person he is still enjoying the rewards of the public benefit she has.

[Umka36 781]

14 hours ago, John555 said:

I was staying with her cos we had no money and I had no job or money to move her and I was hoping that our interview would be around 4 to 5 months after I receive my EAD card but it came so soon that I wouldn't have have a pay check to get a lease with our name... What would you do on my situation ?

As someone had said earlier, just go to the interview and be honest when then ask questions. Nothing more you can do now.

[Umka36 781]

8 hours ago, azblk said:

his wife gets a benefit not him. stop conflating the two

During the AOS, the I-864 comes into play. Sure the US citizen is entitled such benefits, but they can take that into account during the AOS interview of a potential public charge by the immigrant. That's all I'm saying. If asked the OP needs to be honest, and if not you move on.

Edited June 23, 2017 by Umka36

[VeVe 76]

13 hours ago, f f said:

https://www.law.cornell.edu/uscode/text/8/1611#

 

(a)In general

Notwithstanding any other provision of law and except as provided in subsection (b), an alien who is not a qualified alien (as defined in section 1641 of this title) is not eligible for any Federal public benefit (as defined in subsection (c))

 

(b)Exceptions

(1)Subsection (a) shall not apply with respect to the following Federal public benefits.

 

(E)

Programs for housing or community development assistance or financial assistance administered by the Secretary of Housing and Urban Development, any program under title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.], or any assistance under section 1926c of title 7, to the extent that the alien is receiving such a benefit on August 22, 1996.

 

 

so unless he was here prior to august 22 1996 and has continuously been receiving the benfit he may have issues.

 

it does not say they can not adjust status but from the government's perspective this person is 100% likely to be a public charge since they currently are one. and that is a reason they can and do use to deny the aos.

Hypothetically, if there are 4 people  in a household and only 3 are US citizens, the family only qualifies for 75% of the subsidy. The non citizen may be added to the household but the household will receive reduced benefits. The OP should be okay with AOS if the wife is not committing housing fraud and has listed the spouse as a household member. 

[-Trinity- 513]

We married in September 2016, we filed in March and our interview will be in July. My husband bought the house we are living in before we met, so he can't add my name. We are planning to buy a new place end of this year, but that will be after the interview.
We will use this items as proof of co mingling:

joint bank accounts
joint car insurance
he is listed as the (step) father at the kids school
we are listed as dependents on his VA benefits
we are listed as dependents on tax return 2016
both our names are on the utility bills, usually they can only list one name but they can add I/O NAME

Pictures of our wedding, him with the kids,us  with his family etc. etc.

 

Some people use also emails and text messages sent to each other, but that's something I personally wouldn't do.
but if you are comfortable with it its definitely something to consider as well.

[John555 0]

16 hours ago, Dutchie2016 said:

We married in September 2016, we filed in March and our interview will be in July. My husband bought the house we are living in before we met, so he can't add my name. We are planning to buy a new place end of this year, but that will be after the interview.
We will use this items as proof of co mingling:

joint bank accounts
joint car insurance
he is listed as the (step) father at the kids school
we are listed as dependents on his VA benefits
we are listed as dependents on tax return 2016
both our names are on the utility bills, usually they can only list one name but they can add I/O NAME

Pictures of our wedding, him with the kids,us  with his family etc. etc.

 

Some people use also emails and text messages sent to each other, but that's something I personally wouldn't do.
but if you are comfortable with it its definitely something to consider as well.

Thank you so much... This is very helpful... Thank you