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Stevebear

10 years - no state medical, unemployment etc.?

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Filed: K-1 Visa Country: United Kingdom
Timeline

Hi

Following my K1 visa being granted and getting married, is it correct that my US fiance / eventual spouse, is responsible for me for 10 years in that I would not be able to claim unemployment benefit (?), state medical assistance, and various other usual US citizen entitlements?

Thanks

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You won't be able to claim anything that is reserved for US citizens only until you became a USC yourself.

 

Your spouse is not responsible for you in terms of "required to feed, clothe and house you" but they are responsible to the government to pay back any money that you obtain from the public purse such as food stamps, welfare etc.The reasoning behind it is that if your spouse wants to bring you here they may do so on the understanding that it won't cost the taxpayer anything. 

 

This is the requirement until one of the following happens:

 

- you become a USC 

- you leave the country permanently and abandon residency here

- you are credited with 40 quarters of work (that's where the "10 years" idea comes from)

- you die

- your spouse dies

 

For most spouses the first option happens first. Although some choose never to become a USC or work so it might be until option 4 or 5 comes into play which could be 50 years or more. 

 

 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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I also wanted to point out to the OP, since he's from the U.K. like me, that "unemployment" works differently here. There is no such thing as the dole or Jobseeker's Allowance like there is in the U.K. where the government will pay you if you are out of work. Here you have to have actually worked to be able to claim unemployment benefits. The government will only pay people who have never worked if they are too disabled to work. You can't go straight from school to the dole here like many in the U.K. do. 

 

So although you are not able to claim any public funds whilst a non-citizen here, this is not a country with a large welfare safety net anyway. If you are expecting to need the support of public assistance (if that was the reason for your question) then it's not going to happen here. No child benefit, no child tax credits, no council tax credit, no housing benefit, etc. There's not much help that the government provides even for its citizens. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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  • 2 weeks later...
Filed: K-1 Visa Country: United Kingdom
Timeline

Thanks for the replies. I certainly don't have the intention of needing government assistance however little it is as you've outlined. 
Just seeking clarification so my fiance and I are clued up - do look out for further questions!!

Thanks again.

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