Green Card and Food Stamps (SNAP)

[toniB]

I married my husband almost 13 years ago. I am a US Citizen, born here and he is from another country. He got his permanent resident card many years ago based on our marriage. He is going to apply for citizenship soon.

Since we've been married, he got hurt on his job and now can only work lighter duty but he is working and gainfully employed.

I on the other hand lost my job in 2009 and have not been able to secure steady employment.

I have applied for food assistance including both of our incomes and was approved for a small amount but it will help. They sent the card in my husband's name and he is livid about it. He wants nothing to do with this because he is afraid that it will prevent him from getting his citizenship. Is this true? I read the application for citizenship and there is no question there about accepting help like this, only about owing taxes. Can someone help me with this question. He's actually demanded that I not use the card until I get his name off of it.

 

[newacct]

I don't think it can affect him. However, since he immigrated as your relative, you (and possibly also others) must have signed an Affidavit of Support for him. That means that, if what you got is considered to be him getting a means-tested benefit before he becomes a citizen, then the government can sue you later for the cost.

 

[toniB]

I don't think it can affect him. However, since he immigrated as your relative, you (and possibly also others) must have signed an Affidavit of Support for him. That means that, if what you got is considered to be him getting a means-tested benefit before he becomes a citizen, then the government can sue you later for the cost.

I signed the affidavit of support for him but I thought that lasted 10 years. The conditions on his green card have been lifted for years now and he is a LPR. None of this happened during the period before the conditions were lifted.

 

[Jackolantern]

I signed the affidavit of support for him but I thought that lasted 10 years.

Sort of, but not exactly. The Affidavit of Support obligation is terminated when the sponsored immigrant accumulates 10 years of Social Security credits. That could happen more than 10 years after green card approval (if there were gaps in employment), or in less than 10 years if the immigrant already had some Social Security credits before having the green card.

Naturalization of the immigrant would also terminate the obligation, but that doesn't apply here because he's still a permanent resident.

But even if he has not accumulated those 10 years of Social Security credits, taking the assistance wouldn't affect his citizenship prospects. If it affects anything, it would be if/when the government comes after you for reimbursement of the benefits.

 

[toniB]

I believe he has the Social Security Credits. He's been working since he got here in 2002.

What would prompt the government to "come after" me for the benefits?

 

[Jackolantern]

I believe he has the Social Security Credits. He's been working since he got here in 2002.

Check his Social Security statement to make sure. If he has the 10 years (40 credits), the Affidavit of Support is terminated and you won't have to worry about any liability if he takes the assistance which you applied for.

What would prompt the government to "come after" me for the benefits?

Budget cuts. When the budget is tight, they'll expend extra efforts to extract money from people wherever they can.

 

[toniB]

As of 2008 he has 36 credits. That's the last statement I could find. He's been working steadily since then so I guess I can presume that he has the credits needed.

 

[Jackolantern]

The I-864 instructions document has this on page 10:

11. How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the
sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.

Although 40 qualifying quarters of work (credits) generally equate to 10 years of work, in certain cases the work of a
spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to
count qualifying quarters (credits) of work.

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful
permanent resident and departs the United States. Divorce does not end the sponsorship obligation.