RogerL9119

I would like to find out if me filing for unemployment benefits would in any way affect my wife getting her AOS approval from the I-485. After the interview I had to send in 1040 transcripts, which has been 7 1/2 weeks ago. We are currently waiting to receive something in the mail.
.
When we went thru the fiancee visa process, as a sponsor for my wife, I had to basically sign my life away as being financially responsible and liable for any gov assistance that my wife was to recieve.
.
If I filed for unemployment benefits or if my wife had to file for unemployment benefits anytime later on, would I be liable to pay back on this type of benefit because of my sponorship agreement?
.
Thank you for any help.

Noorah101

So, you are waiting for her Green Card approval in the mail, right? Did you meet the I-864 Affidavit of Support requirements at the time of the interview?

That was form I-134 Affadavit of Support, which no longer is valid. It's the I-864 that you completed for AOS that you are now concerned with. You can disregard whatever you filled in for her K-1 visa.

If you filed for unemployment benefits, you don't need to pay anything back, since you are the USC. To be honest, I don't know if unemployment benefits are means-tested or not...but my *guess* is that they are not, and that you wouldn't have to pay back if your wife were to get unemployment benefits. There are certain requirements, though, to be eligible for obtaining unemployment benefits, so you might want to check those out and see if your wife is even eligible for them.

Sure, no problem. The only issue I can see, and not even sure it's a issue, is that by being on unemployment, you might not qualify financially on the I-864. Since your wife hasn't yet been approved for the green card, I'm not sure if your I-864 correctly reflects your ability to act as her sponsor.

Best Wishes,
Rene

meauxna

Unemployment (insurance) payments come from a state/employer funded pool. They are not means-tested benefits and do not need to be repaid under the I-864.

jeffreyhy

In some states, a state/employer/employee funded pool.

Regards, JEff

Jonathan McNeil Wong

Noorah101 wrote:
    >>I would like to find out if me filing for unemployment benefits would
    >>in any way affect my wife getting her AOS approval from the I-485.
    >>After the interview I had to send in 1040 transcripts, which has been
    >>7 1/2 weeks ago. We are currently waiting to receive something in
    >>the mail.
    >>.
    >>When we went thru the fiancee visa process, as a sponsor for my wife,
    >>I had to basically sign my life away as being financially responsible
    >>and liable for any gov assistance that my wife was to recieve.
    >>.
    >>If I filed for unemployment benefits or if my wife had to file for
    >>unemployment benefits anytime later on, would I be liable to pay back
    >>on this type of benefit because of my sponorship agreement?
    >>.
    >>Thank you for any help.
    >
    >
    > So, you are waiting for her Green Card approval in the mail, right? Did
    > you meet the I-864 Affidavit of Support requirements at the time of the
    > interview?
    >
    >
    > That was form I-134 Affadavit of Support, which no longer is valid.
    > It's the I-864 that you completed for AOS that you are now concerned
    > with. You can disregard whatever you filled in for her K-1 visa.
    >
    >
    > If you filed for unemployment benefits, you don't need to pay anything
    > back, since you are the USC. To be honest, I don't know if unemployment
    > benefits are means-tested or not...but my *guess* is that they are not,
    > and that you wouldn't have to pay back if your wife were to get
    > unemployment benefits. There are certain requirements, though, to be
    > eligible for obtaining unemployment benefits, so you might want to check
    > those out and see if your wife is even eligible for them.
    >
    >
    > Sure, no problem. :) The only issue I can see, and not even sure it's a
    > issue, is that by being on unemployment, you might not qualify
    > financially on the I-864. Since your wife hasn't yet been approved for
    > the green card, I'm not sure if your I-864 correctly reflects your
    > ability to act as her sponsor.
    >
    > Best Wishes,
    > Rene
    >

As meauxna has pointed out, unemployment benefits are not means-tested
benefits; they are earned through qualfying employment.

USCIS has a good summary of public charge information on its website
under "Public Affairs". Look for the Guide to Public Charge.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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