I-864 and mean tested benifits- rules for natural born USC married to alien.

triniqueen

Registered Users (C)
Hello everyone, I am a little (okay a lot) confused about the I-864 rules and what qualities as means tested benefits and who can apply for them. I am married two a natural born USC and he is planning to go back to college full time, because he just got laid off of his job.
We know that we know need a co-sponsor and that he and apply and received unemployment because it is not a means tested benefit. But I still have 2 questions.

1. Can my husband apply for any mean tested benefits since he is a natural USC citizen? Or can he not because he is married to me and because of the I-864?

2. If my husband accepts any of the mean tested benefits will this have a negative impact on my AOS case?Will INS look down on this?

I don’t want to break any rules or do anything that will cause a negative impact toward my case, so any advice would be great.
 
The Affadavit of Support has already been filled out with him as your sponsor? The purpose of the I-864 is to assure that a sponsored immigrant will not need means tested public benefits such as Food Stamps and "welfare". In order for a sponsor to quality for MTPBs, he/she must in essence meet the poverty guidelines - which at the same time disqualifies him/her from being a sponsor. A joint sponsor would then be needed, if your sponsor can no longer support himself or you. Here's a link to the Support Guidelines and I've pasted a couple of them here.

http://www.uscis.gov/graphics/publicaffairs/factsheets/affaqa.htm

10. What if a sponsor is receiving welfare benefits?

Current use of welfare benefits by a sponsor or one of the sponsor's family members or dependents will be considered as a factor in making a determination of eligibility for sponsoring immigrants. However, receipt of certain non-cash types of benefits will not disqualify a sponsor.


1. What programs are Federal means-tested public benefits?


Federal means-tested public benefits include public benefits funded in whole or in part by the Federal government and that the Federal agency administering these funds has determined to be a means-tested public benefits. To date, Federal agencies have announced the following four programs as means-tested public benefits: Food Stamps, Medicaid, Supplemental Security Income (SSI), and Temporary Assistance to Needy Families (TANF.)


2. What programs are State means-tested public benefits?


State means-tested benefits are any public benefit for which no federal funds are provided that a State, State agency, or political subdivision of a State has determined are State means-tested public benefits. Each State must determine which, if any, of its

public benefits are means-tested. We encourage States to publicly announce which programs they determine are means-tested benefits.


3. How does a potential sponsor find out if a particular program is a Federal or State means-tested public benefit?


We encourage Federal and State agencies to publicly announce which, if any, of their programs are means-tested public benefits. If a person is uncertain about a particular benefit, they should check with the benefit-granting agency to determine if the granting agency considers it to be a means-tested public benefit.


4. What programs does the law exempt from the definition of means-tested public benefit?


The following programs are not included as means-tested public benefits: emergency Medicaid; short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; student assistance under the Higher Education Act and the Public Health Service Act; certain forms of foster care or adoption assistance under the Social Security Act; Head Start programs under the Elementary and Secondary Education Act; and Job Training Partnership Act programs.
 
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