QUESTION
How do I go about applying for food stamps if I'm married to an immigrant?
Asked on May 22nd, 2013 on Immigration - New York
More details to this question:
In Philadelphia, I recently got married. He's not fully legal right now. We are in the process of finalizing it. Will it affect him if I apply for foodstamps?
3 ANSWERS
You can apply for food stamps but if you are going to petition for him and be a sponsor, you will need to show that you either have sufficient income and/or assets or get a joint sponsor to sign the affidavit of support on his behalf.
Answered on May 29th, 2013 at 10:57 PM
Adebola O. Asekun
If you are the petitioner of your husband's I-130 petition, you also have responsibility under the law to proffer evidence of your financial ability to undertake the obligations contained in the Form I-864 Affidavit of support Applying for food stamp or other means tested benefits does not help in that context. Please speak to an experienced attorney.
Answered on May 24th, 2013 at 1:48 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You can apply for food stamps if there is a co-sponsor for your husband's immigration. Otherwise, if you are the only sponsor, you must show income that is more than 125% of the federal poverty level for your family - and to get food stamps, you have to show that you income is less than that. So, getting food stamps undercuts the affidavit of support you file for your husband.
Answered on May 22nd, 2013 at 8:31 PM