Does being on section 8 affect my spouse from filling for me?

[ogad 0]

We got married recently, I’m currently on F1 visa, my spouse makes $50K plus and she’s on section 8, would that stop her from petitioning for me as a result of the new public charge policy?

Edited March 11, 2020 by ogad

[geowrian 22,338]

It will not impact the petition. It may impact the AOS application.

It will be a factor in determining if you are likely to become a public charge and therefore inadmissible under the updated public charge rule, which does consider section 8 as a benefit for public charge consideration.

 

References:

https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10

 

https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-13

Quote

Receipt of Public Benefits

If the sponsor who executed Form I-864 has received public benefits, this may negatively impact the sponsor’s ability to meet his or her support obligations, because it indicates that the sponsor may not be financially stable. Accordingly, if the evidence reflects that this sponsor received public benefits, even if the Form I-864 is sufficient, this decreases the positive weight of the factor in the totality of the circumstances.

 

[ogad 0]

1 hour ago, geowrian said:

It will not impact the petition. It may impact the AOS application.

It will be a factor in determining if you are likely to become a public charge and therefore inadmissible under the updated public charge rule, which does consider section 8 as a benefit for public charge consideration.

 

References:

https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10

 

https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-13

 

Thanks for your response, does this mean my chance of getting approval for my AOS is 50/50? 

[geowrian 22,338]

1 hour ago, ogad said:

Thanks for your response, does this mean my chance of getting approval for my AOS is 50/50? 

It means it is not guaranteed and you should evaluate the specifics of your circumstances. It is impossible for me to put a number on it (50/50, 90/10, 70/30, etc.).

Here is a worksheet USCIS provides: https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf