Childcare benefit under Affadavit of Support rules

[morning75 0]

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

[Autumnal 25]

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.

[Boiler 46,397]

Are those benefits mean tested?

That would be key in my mind.

[morning75 0]

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 April 11, 2006 by morning75

[meddykomp 0]

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.

[Jaylen Brit 1]

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

[morning75 0]

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