Public charge

[Lyn and andy 11]

Hi everyone, my husband and I are about to file for AOS. I’m the  USC petitioner and I have two children that have been on Medicaid for a long time . They were born here and are USC also. My fiancé is their father, but did not sign their birth certificate therefore does not have his name on their birth certificate.I got pregnant each time I visited him outside united state and came back to give birth here. 
question: will this cause à denied AOS for him?

how Should  we go about this?

we were planning to add his name on their birth certificate, will this be in our advantage ?   
please help.

[Boiler 45,525]

It could, Seems to depend on the bigger picture.

[databit 328]

"...we were planning to add his name on their birth certificate, will this be in our advantage ? "

 

You need to see an attorney FIRST. Has your husband been paying child support all these years for his children? If not, he may owe the state for back child support, if you collected welfare for your children, as the state may try to claw back that money.  

[Villanelle 4,122]

23 minutes ago, databit said:

"...we were planning to add his name on their birth certificate, will this be in our advantage ? "

 

You need to see an attorney FIRST. Has your husband been paying child support all these years for his children? If not, he may owe the state for back child support, if you collected welfare for your children, as the state may try to claw back that money.  

^^^^ Sometimes doing the right thing is hard and will cost money, but you still need to do it because it is the right thing to do. You can also view it from the other side as intentionally NOT adding his name to avoid paying the state back for benefits is a huge negative factor. 

[Lyn and andy 11]

26 minutes ago, databit said:

"...we were planning to add his name on their birth certificate, will this be in our advantage ? "

 

You need to see an attorney FIRST. Has your husband been paying child support all these years for his children? If not, he may owe the state for back child support, if you collected welfare for your children, as the state may try to claw back that money.  

No He never paid child support, He has never lived in the state, He just got here 2 months ago.

[Lyn and andy 11]

4 minutes ago, Villanelle said:

^^^^ Sometimes doing the right thing is hard and will cost money, but you still need to do it because it is the right thing to do. You can also view it from the other side as intentionally NOT adding his name to avoid paying the state back for benefits is a huge negative factor. 

It was not done intentionally, when my children were born I was told at the hospital that for his name to be added he needed to Be there in person to sign and show his ID, since he was out the the country they left it blank.

[Villanelle 4,122]

Yeah most places will not let you just add a mans name to your kids birth certificate with out him signing off on it!  Medicaid is a means tested benefit though and I dont believe theres any issue with owing for that when he is added on as a father. What could be needed to be paid back would be stuff like TANF. Some states will give TANF or other cash type benefits in lieu of child support. But when you take the $$ from the state it comes with the condition that the state then gets the child support for that time period. If you never got any benefits like that then theres nothing to repay. 

[Lyn and andy 11]

59 minutes ago, Villanelle said:

Yeah most places will not let you just add a mans name to your kids birth certificate with out him signing off on it!  Medicaid is a means tested benefit though and I dont believe theres any issue with owing for that when he is added on as a father. What could be needed to be paid back would be stuff like TANF. Some states will give TANF or other cash type benefits in lieu of child support. But when you take the $$ from the state it comes with the condition that the state then gets the child support for that time period. If you never got any benefits like that then theres nothing to repay. 

Never had a cash benefit 🙏. Do you have any thoughts on the public charge for the AOS application, will the fact that the children received Medicaid be consider for for as a public charge?

[Villanelle 4,122]

Are they currently still using Medicaid? Does your income fall between 125%-250%?

USCIS will now look far beyond valid Affidavits of Support to consider the “totality of circumstances” as to whether an individual is likely to become a public charge. The basic factors to be considered are in the statute itself: age; health; family status; assets, resources, and financial status; education and skills; and any other relevant considerations.

USCIS will promulgate a new  form, the Form I-944, for use in public charge determinations. It will  collect information used to assess the factors above.  For what it’s worth, USCIS believes the I-944 will be easier to complete than the Form I-864 (taking 4.5 versus 6 hours).

 

 http://lallegal.com/wp-content/uploads/2018/10/I944-FRM-PubCharge-60Day-09262018.pdf

 

The above is a draft form (not in use right now) but you can fill it out and get a better idea of your 'totality of circumstances' as USCIS will view them. https://www.soundimmigration.com/changes-to-uscis-public-charge-determinations-and-use-of-the-form-i-864/