QUESTION

I am on food stamps and I want to file my husband's papers will it affect me?

Asked on Jan 23rd, 2016 on Immigration - California
More details to this question:
Will it affect me filing for him? I will be filing in NY.
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2 ANSWERS

There are a couple of sides to this you need to know. First, when you file an immigrant petition for your husband, you will have to prove to the government that your husband will not need public assistance. By law, he will not have the right to receive food stamps, welfare, SSI, disability, Medicaid, or subsidized housing until he becomes a U.S. citizen. Immigration authorities will not give him a green card unless you can show that he will not need any of these forms of public support. To do that, you have to file Form I-864, Affidavit of Support, showing that you have more income than the federal poverty level. It is not likely that you have that much income: you would not get food stamps if you did. So, you will have to find a co-sponsor who has enough income to exceed the federal poverty level for his/her own family plus one (your husband) and would agree to promise to the government to support your husband if he would need support. Co-sponsor does not have to be related to you or to your husband, but it is very unlikely that anyone who is not family would agree to accept such responsibility. If you file the petition without an affidavit of support, it will be denied. Second, if your husband gets a green card, you will have to tell the authorities that your family status changed. They will reconsider your food stamps award counting your husband's earnings as the family income. They can also consider your husband as a co-applicant and might deny the entire application because he will not be entitled to public support.
Answered on Feb 03rd, 2016 at 3:36 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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In order to file for your husband, you will need to meet minimal financial requirements for an Affidavit of Support. If you are on food stamps, your income will most likely not qualify, in which case you will need a joint or co-sponsor.
Answered on Feb 03rd, 2016 at 3:34 AM

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