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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Hi all,

I moved to Illinois on Feb 16th on a K-1 visa, and got married last Friday :) We also found out mid-March, to our delight, that Amy is pregnant. We are applying for the recently instituted Illinois KidCare program, which covers pre-natal costs, and guarantees free medical coverage for children up to five years old. However, I am concerned that now we are married this may be in violation of the Affidavit of Support agreement which prohibits the sponsored alien (me) from claiming government benefits.

Does this kind of program - or indeed this particular program - fall into that category? After all, technically Amy is the one claiming the benefit, though my income is quoted in qualifying for the program. I don't want to lumber my sponsor with the repayment of nine months of medical bills, and jeopardize my AOS.

Any help would be MASSIVELY appreciated.

Thanks,

Jim

- For Brian William Rennie - b. + d. July 11, 2006

"I hope someday you'll join us . . .and the world will live as one."

~John Winston Ono Lennon, 1940-1980~

"And what if there were two, side by side in orbit...?" REM

OUR TIMELINE

~June 11, 2001 First email between Jim and Amy

~Sept 30, 2001 Jim comes to U.S. for 18 months, leaves Mar 30, 2003

~June 19, 2005 Jim comes back for three weeks, Jim and Amy engaged. :)

~June 22, 2005 K-1 Application sent to Nebraska S.C.

~Oct 13, 2005 NOA2 - approved!

~Nov 25, 2005 Medical in Birmingham

~Feb 06, 2006 Interview in London - APPROVED!

~Feb 16, 2006 Jim arrives in Chicago - together at last :) :) :)

~Mar 03, 2006 SSN applied for - arrives Mar 14, 2006

~Apr 07, 2006 At long last, our wedding day! :) :) :)

~May 06, 2006 AOS/EAD package sent

~May 14, 2006 NOA1 for both

~May 31, 2006 Biometrics in Naperville, IL

~July 14, 2006 EAD APPROVED - arrives in mail July 22, 2006

~Aug 8, 2006 Jim starts first job in U.S.!

~Sept 7th, 2006 AOS interview in Chicago, 10:39am - CANCELED BY USCIS

~Oct 17th, 2006 Rescheduled AOS interview, Chicago, 11:00am - approved pending FBI name-check

~Dec 29th, 2006 AOS approved! Welcome notice mailed!

~Jan 11th, 2006 Received GC!! Hooray!!

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Unfortunately, I'm really not sure if it would qualify. Rationally it shouldn't be an issue -- I mean, childcare/cost of natal expenses is pretty ridiculous if you're from a country that has health care benefits better than the US' -- but I am not certain. Your best bet is probably talking to someone at the government office that handles it or on USCIS.

Congrats on the baby. :)

26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Are those benefits mean tested?

That would be key in my mind.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted (edited)
  Boiler said:
Are those benefits mean tested?

That would be key in my mind.

Well, here's the thing: KidCare is applied for by the pregnant woman for the benefit of herself and her child. It appears that in the eyes of the State of Illinois she, and our child, both U.S. citizens, are the ones receiving the benefit. As the spouse, I was not required to apply or sign anything. However, on the application form it does ask for the applicant's household size, and whether any of those within the household are in work, and for evidence of their income. So, in this sense I guess, the benefit IS means tested.

However, in the eligibility info on the application form below it talks about non-citizens applying for the benefit, and what to do in those circumstances, but does not mention anything regarding the SPOUSE of someone applying.

http://www.kidcareillinois.com/assets/050304kce.pdf

The whole thing seems to hinge upon whether or not I, as the spouse of an applicant, would be considered to be receiving this benefit, or just my wife.

Again, thanks for your help, and any advice you guys can give would be appreciated.

Jim

-----------------------------

Just to add...

KiCare is also, as far as I know, a benefit run by and unique to the State of Illinois. Does this still make it a Federal benefit, or just a State benefit? Sorry if that's a dumb question, but I think the Affidavit of Support guidelines mention only Federal benefits and I wondered if there was a difference.

Thanks,

Jim

Edited by morning75

- For Brian William Rennie - b. + d. July 11, 2006

"I hope someday you'll join us . . .and the world will live as one."

~John Winston Ono Lennon, 1940-1980~

"And what if there were two, side by side in orbit...?" REM

OUR TIMELINE

~June 11, 2001 First email between Jim and Amy

~Sept 30, 2001 Jim comes to U.S. for 18 months, leaves Mar 30, 2003

~June 19, 2005 Jim comes back for three weeks, Jim and Amy engaged. :)

~June 22, 2005 K-1 Application sent to Nebraska S.C.

~Oct 13, 2005 NOA2 - approved!

~Nov 25, 2005 Medical in Birmingham

~Feb 06, 2006 Interview in London - APPROVED!

~Feb 16, 2006 Jim arrives in Chicago - together at last :) :) :)

~Mar 03, 2006 SSN applied for - arrives Mar 14, 2006

~Apr 07, 2006 At long last, our wedding day! :) :) :)

~May 06, 2006 AOS/EAD package sent

~May 14, 2006 NOA1 for both

~May 31, 2006 Biometrics in Naperville, IL

~July 14, 2006 EAD APPROVED - arrives in mail July 22, 2006

~Aug 8, 2006 Jim starts first job in U.S.!

~Sept 7th, 2006 AOS interview in Chicago, 10:39am - CANCELED BY USCIS

~Oct 17th, 2006 Rescheduled AOS interview, Chicago, 11:00am - approved pending FBI name-check

~Dec 29th, 2006 AOS approved! Welcome notice mailed!

~Jan 11th, 2006 Received GC!! Hooray!!

Filed: K-3 Visa Country: Sweden
Timeline
Posted

If she is USC, it would seem that she would qualify for anything any other USC qualifies for. I don't think your alien status has anything to do with whether she qualifies.

I-130

2005-09-23 Sent I-130.

2005-10-05 I-130 NOA1

2006-02-19 *touched*

2006-02-21 RFE

2006-03-09 RFE received by CSC

2006-03-29 I-130 NOA2

2006-03-31 *touched*

2006-04-01 *touched*

2006-04-12 NVC assigned case number

I-129F

2005-11-18 I-129F Sent

2005-11-29 I-129F NOA1

2005-12-27 I-129F RFE :(

2006-01-13 I-129F RFE Reply sent.

2006-01-25 *touched*

2006-01-26 I-129F RFE received

2006-04-04 *touched*

2006-04-04 NOA2 **approved!!!**

2006-04-20 NVC assigned case number

2006-04-21 case forwarded to embassy

2006-04-26 packet 3 received

2006-05-02 packet 3 sent

2006-05-04 packet 4 received

2006-05-15 Interview in Stockholm **APPROVED**

2006-05-23 My sweetie is coming home!!

Posted

I agree with meddykomp - its the NON-USC who might be prohibited from government benefits, the USC remains unchanged status-wise (as they are still a USC regardless of marriage) and any child the USC is biological parent to would also qualify.

The other way around, non-USC wife being pregnant, I don't know what the situation would be as far as these benefits go. I assume the CHILD in that case would qualify but not sure about the mother - but that doesn't seem to be your situation so I say stop worrying :)

Applied for K1

Met online 2001 - just aquaintances

Sept 2002 - 1st US visit - everything goes perfectly.

Dec 20th - Forms recev'd at CSC

Dec 27th - NOA1 received by snail mail!

Dec 29th - 'Touched'

March 10 2006 - NOA2!

March 23 - recv'd at NVC

March 24 - petition sent to London

April 9th - Pkt 3 rec'd!

May 17th - Pkt 3 signed for at London Embassy

May 24th - Medical

May24th - Pkt 4

June 14th - Interview 10am - APPROVED 1pm!!

June 16th - Visas received in my hot little hands 1pm :)

July 19th - flying to US!

July 27th - Married!! :-)

Aug 7th - Applied for SSN in married name

Aug 9th - SSN received

uk.gif1273.gifusa.gif

3dflagsdotcom_uk_2fawm.gif3dflagsdotcom_usa_2fawm.gif

I'm not a lawyer I just have opinions on everything :)

animated flags from http://3dflags.com

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Thanks for the help guys - hate to reply to my own post, but just thought I'd put it out there just incase anyone else should happen to have the same problem.

I called USCIS and was relieved to be informed that as my spouse is the applicant for Illinois KidCare, and she and our future child (both U.S. citizens) are the beneficiaries, AND because it is a state benefit, then her claiming of this benefit does not violate MY Affidavit of Support guidelines, even though we are married.

Phew. :) Now we can go back to being just excited again.

Jim

- For Brian William Rennie - b. + d. July 11, 2006

"I hope someday you'll join us . . .and the world will live as one."

~John Winston Ono Lennon, 1940-1980~

"And what if there were two, side by side in orbit...?" REM

OUR TIMELINE

~June 11, 2001 First email between Jim and Amy

~Sept 30, 2001 Jim comes to U.S. for 18 months, leaves Mar 30, 2003

~June 19, 2005 Jim comes back for three weeks, Jim and Amy engaged. :)

~June 22, 2005 K-1 Application sent to Nebraska S.C.

~Oct 13, 2005 NOA2 - approved!

~Nov 25, 2005 Medical in Birmingham

~Feb 06, 2006 Interview in London - APPROVED!

~Feb 16, 2006 Jim arrives in Chicago - together at last :) :) :)

~Mar 03, 2006 SSN applied for - arrives Mar 14, 2006

~Apr 07, 2006 At long last, our wedding day! :) :) :)

~May 06, 2006 AOS/EAD package sent

~May 14, 2006 NOA1 for both

~May 31, 2006 Biometrics in Naperville, IL

~July 14, 2006 EAD APPROVED - arrives in mail July 22, 2006

~Aug 8, 2006 Jim starts first job in U.S.!

~Sept 7th, 2006 AOS interview in Chicago, 10:39am - CANCELED BY USCIS

~Oct 17th, 2006 Rescheduled AOS interview, Chicago, 11:00am - approved pending FBI name-check

~Dec 29th, 2006 AOS approved! Welcome notice mailed!

~Jan 11th, 2006 Received GC!! Hooray!!

 
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