Government Assistance for K1/K2

[immihelp]

Dear Sirs:

Frazzled Mother-in-Law wants to know. Son brought over fiance and 4 year child that is hers on a k1/k2 visa. They were married within weeks. Have not filed for adjustment status yet, I don't think. Wife may now possibly be pregnant. Son is fresh out of AirForce, working part time at Wal-Mart. She has received her SSN#. Have been living with us for 5 weeks, moving into their own apartment next week. Financially, I don't know how they are going to make ends meet. Can they draw government assistance, medicaid, housing assistance, food stamps?????? He does not have insurance where he works. What are the options?

[immihelp]

No, nothing of that sort can be availed.

If your son (or indirectly someone like you) is not able to support them financially, she can't stay in the US.

[nichole]

As an immigrant she can not apply for means tested public benefits.
Below is copied from travel.state.gov concerning visa applicants. The same is true once in the US.
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Can the applicant use government assistance or public benefits?
If the sponsored immigrant uses federal means tested public benefits, the sponsor is responsible for repaying the cost of the benefits.

Means Tested Public Benefits
Federal means tested public benefits are the following:

Food stamps
Supplemental Security Income (SSI)
Medicaid
Temporary Assistance for Needy Families (TANF)
State Child Health Insurance Program (CHIP)


What assistance programs are not considered means tested public benefit programs?

The following types of assistance are not considered means tested public benefits and do not have to be repaid.

Emergency Medicaid
School lunches
Immunizations and treatment for communicable diseases
Student assistance to attend colleges and institutions of higher learning
Some kinds of foster care or adoption assistance
Job training programs
Head start
Short-term, non-cash emergency relief
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The reason immigrants are required to have a sponsor who files an Affidavit of Support for them is to assure that the sponsor will pay costs incurred rather than the US government (tax payers) having to pay. You son filed an Affidavit of Support for the wife and child to get their visas swearing that he would cover any costs. Adjustment of Status requires another affidavit to be signed. If he hasn't enough income, the green card will be denied unless you or some other person also provides an Affidavit of Support. You can download the for I-864 and read the liability the sponsor swears to.

Adjustment of status fee for adult is $1010 and $600 for a child. Ideally it should be filed for before the 90 days allowed on the I-94 arrival card expires so they do no accrue out of status days.