Received Public Benefit in the past

[AntiqueApple 0]

Can a US spouse's income and assets affect on visa approval if a non-us spouse ever received a public benefit?

I recently married to my long-time boyfriend and am preparing to apply a GC.

But I have some concerns. I had received public benefit behalf of my US citizen child (from previous relationship) for a period of time.

I am concerned that if this might affect on admissibility or even deportation.

My husband (US citizen) has a great job and steady income.

Can this fact affect on my visa?

Also, Can anyone here who had received public benefit in the past and was approved OR denied?

Thank you!

T.A.

[Gaby&Talbert 1]

Could you fill in your timeline and tell us your story? It would help with members to help.

I don't ever remember reading anything in any forms asking if the benificiary has received public assistance but I may be wrong. The rest of your story will help to determine if you may have any issues with your visa.

[GabachaYucateca 0]

Whether it has any affect on your case depends on WHAT public benefit it is.

This is just anecdotal, but one of my students went to her interview in Providence (her husband was a PR and brought her in that way) and the FIRST question she was asked in the interview was whether she'd ever received foodstamps, cash benefits, etc.

[AntiqueApple 0]

Do you know what happened to your student?

Thanks

Tina

[Chica Yeyé 41]

Tina,

and share more information as to what type of visa you are seeking so people can help you more - seems you are going for either a K-3 or a CR-1/Ir-1 - and not Adjustment of Status (perhaps you got confused to which forum to post your query on?).

As far as public benefits, I believe that as long as you are over the poverty guidelines, you are ok. Otherwise, you will need a cosponsor, no way around that. Since your husband has a good job, you should be fine. Best of luck.

peace, L.

Edited August 22, 2007 by Len_and_Bren

[Nyte 1]

This is an excellent question... Following Hurricane Katrina, I (sponsor) received unemployment while my company was closed for rebuilding. As soon as it re-opened, I returned and continued to make over the poverty guidelines. Anyone think this will be a problem?

[AntiqueApple 0]

Thank you Len. I am applying for Adjustment of Status. I-485.

When I met my husband 8 years ago,

I had received some benefits, medicaid, foodstamps and etc for behalf of my USC son who was then 1 year old.

When my husband and I decided to move in together about 4 years ago, things got much much better for me.

Not only my rent was cut into half, I landed on the better job. I didn't need to receive the benefits any longer.

I haven't received any public benefit since early 2004.

My husband has steady job and income so I don't believe we need co-sponsor.

I am preparing the forms, I-485, I-130, I-765, G-325A and I-864.

Only thing concerns me the most is the I-485 public assistance question.

Tina

[Chica Yeyé 41]

This is an excellent question... Following Hurricane Katrina, I (sponsor) received unemployment while my company was closed for rebuilding. As soon as it re-opened, I returned and continued to make over the poverty guidelines. Anyone think this will be a problem?

Shouldn't' be a problem Nyte... after all, you cannot control hurricanes now can you????

L.

[Nyte 1]

This is an excellent question... Following Hurricane Katrina, I (sponsor) received unemployment while my company was closed for rebuilding. As soon as it re-opened, I returned and continued to make over the poverty guidelines. Anyone think this will be a problem?

Shouldn't' be a problem Nyte... after all, you cannot control hurricanes now can you????

L.

lol. Thanks very much.

[AntiqueApple 0]

I just found this web site.

http://www.asianlawalliance.org/whatsnew/public_charge.htm

This website indicates that

"You have received cash welfare in the past, and it is likely that you will apply for cash welfare in the future." it might hurt your chances of getting a green card.

But as long as we can present some evidence that I will not apply for any assistance in the future, I might be OK?

Tina

[Chica Yeyé 41]

"You have received cash welfare in the past, and it is likely that you will apply for cash welfare in the future." it might hurt your chances of getting a green card.

But as long as we can present some evidence that I will not apply for any assistance in the future, I might be OK?

Tina

Tina,

Nobody knows as a certainty if they will ever re-apply for public assistance - life is a b!tch sometimes. You can, however, show your current earnings, those of your partner, and you should be fine.

good luck, L.

[Nagishkaw 510]

A good read here:

http://www.visajourney.com/forums/index.php?showtopic=63059

[AntiqueApple 0]

I just spoke to someone from Immigration Coalition in NYC.

They explained to me that I couldn't have been on the benefit because of my status but my son had received it.

This is encouraging but I will do more search before I submit my forms.

Tina

[Gaby&Talbert 1]

Maybe I missed it somewhere but are you out of status right now? Can you fill in your timeline and info?

[Kathryn41 3,205]

I think the key point here is that you received the benefits on behalf of your son. Your son - the USC - is allowed to have the benefits. You are acting on his behalf. There is a difference - you technically did not receive the benefits - your son did. You may wish to make a list of the benefits 'you' received so that you can answer the question if it arises and show that you were not in the wrong.

Edited August 22, 2007 by Kathryn41