Public Charge for Child Benefits?

[J&S12 295]

I've seen conflicting information for what is a Public Charge.

I just need to know if these will hinder our K-1 case or be considered a public charge.

 

1. Child's social security benefit from disabled parent.

2. Tenncare/Medicaid, I think. (Didn't know my ex still has my child on it.)

3. Earned Income Credit on tax return. 

[Hank_ 9,174]

Your fiancee/wife can not receive means tested benefits.

 

 

[debbiedoo 2,339]

6 hours ago, J&S12 said:

I've seen conflicting information for what is a Public Charge.

I just need to know if these will hinder our K-1 case or be considered a public charge.

 

1. Child's social security benefit from disabled parent.

that is the CHILDS money, not your income. my ex was disabled, then passed away and his income is not on my taxes at all.

 

6 hours ago, J&S12 said:

2. Tenncare/Medicaid, I think. (Didn't know my ex still has my child on it.)

If it is your exes responsibility to provide healthcare coverage, i dont see how this would affect you. (how did you not know who your kids health insurance provider was, but not really important here)

 

6 hours ago, J&S12 said:

3. Earned Income Credit on tax return. 

I thought you only got this if you earned under a certain amount. Not sure what this amount is, but I could be wrong about why a person can get it. I know I never have, but I also have always made good money. As long as your income is over the 100% fed poverty level and 125% for AOS later on, I dont see why it would be an issue.

 

 

Long story short, what is your annual income? minus the kids money. You can count child support if you receive that.

[Wuozopo 4,293]

8 hours ago, J&S12 said:

I've seen conflicting information for what is a Public Charge.

I just need to know if these will hinder our K-1 case or be considered a public charge.

 

1. Child's social security benefit from disabled parent.

2. Tenncare/Medicaid, I think. (Didn't know my ex still has my child on it.)

3. Earned Income Credit on tax return. 

 

The immigrant/foreigner can not go on certain benefits...become a public charge.

Your child is a US citizen and has the right to receive any benefits for which he is eligible.  Same for you. BUT your fiancé will require a sponsor that makes enough income to support him so that he is not likely to seek cash assistance from the US government. 

 

Here is a fact sheet from USCIS where you can find info on benefits your fiancé should not receive after he arrives https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

[J&S12 295]

11 hours ago, debbiedoo said:

that is the CHILDS money, not your income. my ex was disabled, then passed away and his income is not on my taxes at all.Thank you. Good to know.

 

If it is your exes responsibility to provide healthcare coverage, i dont see how this would affect you. (how did you not know who your kids health insurance provider was, but not really important here)

Thank you. Not that it's anyone's business, but I didn't know he had it because I was living in the UK.

 

[J&S12 295]

Thank you all for your help @Hank_ @Wuozopo @debbiedoo

[debbiedoo 2,339]

20 minutes ago, J&S12 said:

 

Well that makes sense, then lol