Sponsored, But Can I or My Spouse Get Food-Stamp?

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binkansas

New Member
Hi everybody. I've applied for Adjustment of Status after marrying an US Citizen. I had my mother-in-law as my joint sponsor since my wife's salary is under the poverty guideline and I am not allowed to work with my current visa.
My question is; can I or my wife get food-stamp?
I actually read before that if I get a food-stamp then the person who sponsored me- (in my case that's my mother-in-law) will be required to pay the cost all that I got from the food-stamp.
Is this information correct? If so, is it also the same for my wife? She is an US citizen, but can she separately get food-stamp without making our sponsor having to be responsible for that?

Thank you all for your help in advance!

Blessings!
 
Food stamp is not considered as public charge. Even if you taking that you are not considered public charged.
Read this from the USCIS website.
Benefits Not Subject to Public Charge Consideration

Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:

  • Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services) other than support for long-term institutional care
  • Children's Health Insurance Program (CHIP)
  • Nutrition programs, including the Supplemental Nutrition Assistance Program (SNAP)- commonly referred to as Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
  • Housing benefits
  • Child care services
  • Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
  • Emergency disaster relief
  • Foster care and adoption assistance
  • Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary or higher education
  • Job training programs
  • In-kind, community-based programs, services or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
  • Non-cash benefits under TANF such as subsidized child care or transit subsidies
  • Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, and other forms of earned benefits
  • Unemployment compensation
Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided under TANF or the Child Care Development Block Grant (CCDBG), and one-time emergency payments under TANF. Since the purpose of such benefits is not for income maintenance, but rather to avoid the need for ongoing cash assistance for income maintenance, they are not subject to public charge consideration.

Note: In general, lawful permanent residents who currently possess a "green card" cannot be denied U.S. citizenship for lawfully receiving any public benefits for which they are eligible.
 
SkyStar, first, thank you for your quick response.
That's great information. While I was preparing my application I watched some instruction videos on YouTube by this lawyer named Mark Daly. He made some videos of form instructions stuff to help people. He said in one of his videos openly that applicants should not get food-stamps because if the food-stamps compony finds out that the applicant(immigrant) is sponsored, then they can sue the sponsor and charge them for however much we used food-stamps.

But I guess the information you shared seems to be more formal. Right? Can I get a link to it please?
Thank you!
 
Your wife, the U.S. citizen, can get whatever she wants if she qualifies for it. So the question is about you:

There are 3 separate issues:
  • Can you get it? You can get it if you qualify under your state's rules.
  • Will it affect your green card application? No, since it doesn't count as public charge.
  • Will it affect your sponsors? Both your wife and wife's mother signed contracts that say the U.S. government can sue them for benefits you receive. And I believe food stamps, Medicaid, etc. all fall under this. Note that their obligations only start when you become a permanent resident. So what you get now before your green card application is approved doesn't matter. But after you get your green card, until their obligations end (you become a citizen, or work for 40 quarters, or die, etc.), they could be sued if you get benefits. It's also been rare for governments to go after sponsors.
 
Noncitizens generally cannot qualify for food stamps or Medicaid until having a green card for 5 years or paying into Social Security for 10 years. However, you can qualify for unemployment insurance once you have worked long enough (some number of months) according to your state's rules.
 
newacct said:
Your wife, the U.S. citizen, can get whatever she wants if she qualifies for it. So the question is about you:

There are 3 separate issues:
  • Can you get it? You can get it if you qualify under your state's rules.
  • Will it affect your green card application? No, since it doesn't count as public charge.
  • Will it affect your sponsors? Both your wife and wife's mother signed contracts that say the U.S. government can sue them for benefits you receive. And I believe food stamps, Medicaid, etc. all fall under this. Note that their obligations only start when you become a permanent resident. So what you get now before your green card application is approved doesn't matter. But after you get your green card, until their obligations end (you become a citizen, or work for 40 quarters, or die, etc.), they could be sued if you get benefits. It's also been rare for governments to go after sponsors.
Click to expand...

Thank you for answering!
I think I will have just my wife get food stamps, and I myself won't.
But my again question here would be that I show my wife as my spouse and as a member of my household. So, me being sponsored by her and her mother wouldn't prevent her getting food stamps?
I can't get food stamps because I don't have a social security number assigned to me. But I would like my wife to get food stamps if that doesn't give the government the rights to sue her or us for I am sponsored by my mother in law.

I can't decide what to choose.
 
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