IR-2 and Public Charge

[csh2020 10]

I’m the UCS petitioner my 19-year-old stepdaughter was approved for an IR-2 visa almost a year ago. After about two weeks upon arrival, she discovered that she is pregnant with her second child. She is covered under my private insurance plan through the state. We found her part-time employment and after a few months, she decided that she didn’t want to live with us. She quit her job and returned to her home country . She has been in the USA about 3 out of 6 months and in her home country the rest of the time. She has just returned to another address to live with family members in another state to give birth to her second child. She decided that she does not want to use our insurance coverage and to apply for Medicaid and public housing because she is a “single mother." even though she is now married to the father, who is still with her child in her home country. We know that is a public charge and are at a loss of what to do. How can we protect ourselves? Please advise. What are some issues here? 

[Boiler 45,482]

Assuming you are the Joint Sponsor for the child you can pull that I 864.

[Mike E 11,739]

3 hours ago, Boiler said:

Assuming you are the Joint Sponsor for the child you can pull that I 864.

How does that work when she has entered the USA already on  her IR-2 visa?

[iwannaplay54 985]

7 hours ago, csh2020 said:

I’m the UCS petitioner my 19-year-old stepdaughter was approved for an IR-2 visa almost a year ago. After about two weeks upon arrival, she discovered that she is pregnant with her second child. She is covered under my private insurance plan through the state. We found her part-time employment and after a few months, she decided that she didn’t want to live with us. She quit her job and returned to her home country . She has been in the USA about 3 out of 6 months and in her home country the rest of the time. She has just returned to another address to live with family members in another state to give birth to her second child. She decided that she does not want to use our insurance coverage and to apply for Medicaid and public housing because she is a “single mother." even though she is now married to the father, who is still with her child in her home country. We know that is a public charge and are at a loss of what to do. How can we protect ourselves? Please advise. What are some issues here? 

Last guidance I saw YOUR income and assets must also be counted in order to qualify for means tested benefits.  Highly doubt she is eligible.

If she applies for and collects them without disclosing her situation (1) she may be defrauding the government or (2) you will be accountable for repayment.

One of the risks in signing support affidavits.  There is no “protecting yourself” from someone who evidently wants to game the system unless you establish her income above poverty.

[Boiler 45,482]

 

4 hours ago, Mike E said:

How does that work when she has entered the USA already on  her IR-2 visa?

Child is with the father.

[Mike E 11,739]

21 minutes ago, Boiler said:

 

Child is with the father.

The step grand child has an immigration petition?

[Boiler 45,482]

5 minutes ago, Mike E said:

The step grand child has an immigration petition?

Yes

[Mike E 11,739]

16 minutes ago, Boiler said:

Yes

I am amazed that the I-130 for the step grand child, filed no earlier than December 2021, has been approved, and OP has signed and submitted an I-864. This is extraordinary speed of processing.

[csh2020 10]

1 hour ago, Mike E said:

I am amazed that the I-130 for the step grand child, filed no earlier than December 2021, has been approved, and OP has signed and submitted an I-864. This is extraordinary speed of processing.

The step grand child has not been approved. There isn't a petition filed for the child as if yet. She married the father while away. The father is a national of her home country. She is pregnant with a second child and entered the USA in time to give birth for 14th amendment to kick in apparently. Sorry, just frustrated wiith the whole situation.  Feel that we were used to her ends and now doesn't even talk to us. 

[Boiler 45,482]

Just now, csh2020 said:

The step grand child has not been approved. There isn't a petition filed for the child as if yet. She married the father while away. The father is a national of her home country. She is pregnant with a second child and entered the USA in time to give birth for 14th amendment to kick in apparently. Sorry, just frustrated wiith the whole situation.  Feel that we were used to her ends and now doesn't even talk to us. 

Was the expectation that you would be a joint sponsor? 

[csh2020 10]

3 minutes ago, Boiler said:

Was the expectation that you would be a joint sponsor? 

No. I'm the only sponsor (USC).  My wife, a permanent resident signed a 2nd affadavit. 

 

We waited 2 years to get her here (because of Covid closures/delays). She waited 2 months before coming and then left afain after 2 months. So, it has been 2 months in the USA,  2 months out since August.  She then goes to live with a family member in another state (she's been back in the USA for about 2 days). The family member is a USC steering her toward seeking govt benefits for a "single mother" although she is married and has full insurance coverage through our plan. My insurance said that the insuance is valid in all 50 states. The due date is in May. 

Edited March 17, 2022 by csh2020

[Boiler 45,482]

3 minutes ago, csh2020 said:

No. I'm the only sponsor (USC).  My wife, a permanent resident signed a 2nd affadavit. 

For the daughter that is water under the bridge, the only thing outstanding now is the granddaughter and it does not sound like the daughter has the financial means to sponsor her first child.

 

Begs the question what her plans are for her Husband.

Edited March 17, 2022 by Boiler

[carmel34 3,625]

I remember many similar cases here on VJ, and have never seen one where the US government actually went after a financial sponsor for reimbursement of public charge benefits for a beneficiary who has immigrated.  You may be worrying for no reason.

[csh2020 10]

3 minutes ago, Boiler said:

For the daughter that is water under the bridge, the only thing outstanding now is the granddaughter and it does not sound like the daughter has the financial means to sponsor her first child.

 

Begs the question what her plans are for her Husband.

We will absolutely not co sponsor her after all this. 

[csh2020 10]

3 minutes ago, carmel34 said:

I remember many similar cases here on VJ, and have never seen one where the US government actually went after a financial sponsor for reimbursement of public charge benefits for a beneficiary who has immigrated.  You may be worrying for no reason.

I am her petitioner (i e. Sponsor)