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Want to file I130 but taking food stamp

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by playboy, Jan 12, 2011.

  1. playboy

    playboy Registered Users (C)

    I am going to apply for my husband I-130. I have food stamp. Am I disqualify to apply for my husband due to having food stamp?
    If I can arrange good sponsor for him at the time of -864, is it enough?

    Pls help me.

    Thanks,
    Stana
  2. Concerned4us

    Concerned4us Banned

    You are aware that he would not be able to get "means tested" benefits for a number of years after entry. Why don't you just look for another job or two. Alternatively, if he qualifies, he should get a guest work visa so that his income can count as well. You need a cosponsor now. Are you a USC or LPR?

    I suggest that you meet with an immigration specialist at Catholic Charities or Lutheran Services to develop a plan. These agencies provide assistance free or on reduced fees based on income and are well respected for the services they provide to the immigrant community.
  3. BigJoe5

    BigJoe5 Registered Users (C)

    All an I-130 does is verify a relationship. Income is not a factor in that. You are right to be concerned for the other aspects of immigration. If you have a joint sponsor or co-sponsor (they are different) lined up then what are you worried about?
    Last edited by a moderator: Jan 12, 2011
  4. playboy

    playboy Registered Users (C)

    Here is the history:
    Actually one of my relative (green card holder, 45 yrs old woman) devorced by her husband two yrs ago. Her health condition is not good and she was taking food stamp. She married one year ago because she needs some help to live in USA. Now she wants to apply for her new husband. I am concern only about the matter: " is she disqualify for apply I-130 due to food stamp by law". She has very strong joint sponsor when the time will come for I-864 (affidafit of support).

    I appreciate the advise.

    Thanks,
  5. Jackolantern

    Jackolantern Registered Users (C)

    What is her new husband's immigration status? Without her being a citizen, he will need to be inside the US in legal status, or outside the US in order to successfully complete the process.
  6. playboy

    playboy Registered Users (C)

    Her husband is in outside of US. He is not a citizen or LPR of US. So you want to tell taking food stamp is not the issue for apply I-130 for her husband? If yes where I can find the law (of USCIS).

    Thanks,
  7. BigJoe5

    BigJoe5 Registered Users (C)

    I will answer you for the SECOND and LAST time. The petitioner's income does not matter for an I-130. Read the I-130 instructions and find where is says that income evidence is required. You won't find that there because it is totally irrelevant. All an I-130 does is verify a relationship. An I-130 determines what visa category an alien relative falls in and gives them a place in line. An I-130 does not grant any immigration status or benefit.
  8. playboy

    playboy Registered Users (C)

    Somebody sent me a weblink where I found that having food stamp or medicaid is not the barrier to apply I-130. Unfortunately I lost this weblink of USCIS. Can you help me retrieve this link.

    Thanks,
  9. playboy

    playboy Registered Users (C)

    Somebody sent me a weblink where I found that having food stamp or medicaid is not the barrier to apply I-130. Unfortunately I lost this weblink of USCIS. Can you help me retrieve this link.

    Thanks,
  10. Jackolantern

    Jackolantern Registered Users (C)

    It is true, poverty is not a barrier to the I-130. It is a barrier for what happens next, the I-864 and interview, but that is overcome by getting a joint sponsor.

    Note that because she is not a citizen, her husband who is outside the US will have to wait a few years (currently the backlog for spouses of permanent residents is 3 years) to be able to move to the US and get a green card. If she is eligible for citizenship, she should apply ASAP so her husband won't have to wait so long outside the US.

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