How Will Marriage Affect My Girlfriend's Benefits (Medicaid, WIC) and What’s the Best Visa Process?

[Derek Vermont 0]

Hey everyone,

 

I've been in a long-distance relationship with my girlfriend for 3 years now. We have a 16-month-old baby together, and I visit her in the U.S. every 3-6 months (I'm from the UK). She also has a 5-year-old from a previous relationship. Both kids are receiving benefits like EBT, WIC, and Managed Medicaid. My girlfriend is on disability (stress-related) and has Medicare as her primary insurance and Medicaid as secondary.

 

We're seriously considering marriage, but I’m worried about how that would affect the benefits she and the kids are currently receiving. I won’t be working in the U.S. right away until all my visa papers are finalized, so I’m concerned about income requirements and how they calculate household income. I'm also a recent grad, and once I get my work situation sorted out, I'll be in a corporate job, but that might take a bit of time.

 

We’re planning on going for the CR1 visa, but I know she’ll need to sponsor me. Since she’s on disability, I’m pretty sure she won’t meet the income requirements, and I’m not sure how that might affect things like Medicaid, WIC, or food stamps for the kids either.

Has anyone been in a similar situation? Should we go through a lawyer? If so, how much might that cost? I’ve thought about trying to do the paperwork myself, but I don’t want to mess up her benefits.

 

Any advice on the best process for us would be really appreciated!

 

Thanks!

[Boiler 45,493]

Does she have a Joint Sponsor?

[Lemonslice 4,841]

For benefits eligibility, she should check with her state agency(ies); might vary by state, and other factors, so she should absolutely check in with them, especially since it does not sound like they could afford to lose those benefits.

[Boiler 45,493]

These seem to be Mean Tested benefits so with you in the picture as a Spouse they will need to be assessed and presumably many will go away.

[powerpuff 6,697]

*** Thread moved from Progress Reports to Process & Procedures ***

[SansTortoise 22]

On 9/30/2024 at 9:33 PM, Boiler said:

These seem to be Mean Tested benefits so with you in the picture as a Spouse they will need to be assessed and presumably many will go away.

Depends on mix of federal and state laws for who will be included. My advice would be to go to a local legal aid clinic and talk with a local attorney who is probably familiar with the requirements.

 

For my state, spouses are counted even if MFS on taxes and not living together. Other laws might be different. Local advice is needed.

 

This might be a case where it makes sense to do a K-1 for non-immigrantion reasons since that would exclude OP from the household until he at least moves here.

 

But I’d reiterate to talk to a local legal aid attorney so you get a better answer.

[pushbrk 12,883]

Benefits have been addressed.  She will need a qualified joint sponsor, or the foreign spouse or fiancé are not getting either of those visas.  

 

I think it's unlikely marriage to an unemployed husband will impact her current means tested benefits in any negative way, but do check.  If you are successful in immigrating and finding a corporate job, then you will be supporting the family, and your insurance from work will become primary.

Edited October 3 by pushbrk