Mixed Emotions-Could Use Some Advice

[jtaylo69]

Hi all,

 

I know it's been almost a year since my last posting and that's of course because everything has been going well. Up until recently.

 

When I last posted, it was letting everyone know that the Mrs. had recieved her green card (2yr) and she had began working 2 jobs. One at a local Chinese Restarunt and at our new Super Walmart. At that time, I was still teaching high end Fiber optic theroy a fusion splicing, both of which paid very well.

 

About 3 months ago, my job had ended, meaning that, in order to keep money comming in, I had to be willing to take a job also at the Walmart, which of course, pays way far less than I have ever made. It has been a major adjustment in our lives as far as lifestyles go, but nothing that we can not work through.

 

My concerns now is that I know in about less than one year, she will have to go back for another interview (for her 10yr Green card) and now she is thinking that because she is not getting any younger, it may be time for us to be thinking about having a child. While all of this is good, I can not help but worry that if we were to have a child, we may have to lean upon the local health department for medical assistance (outside my current health insurance that I have on us. )

 

From what I can remember from the get go, was that something during this immigration process, when I signed the I846 or what ever that was, I was agreeing to make sure that we would not attempt to apply for any public assistance. If we did, I would be responcible for paying uncle sam about $50 grand. or something like that, or she would be made to go back to china, even though we were married.

 

Am I getting things mixed up in the head? Am I forgetting something? I haven't a clue and I am so worried now because the pressure is really comming on from all angles (Her family, my family, just getting by on our current saleries, etc, and now she wants a child.

 

On top of that, she has stated that after the child is about 3 years old, she wants to send it to stay with her sister there in China to get a chinese education, until about 13 or 14 years old, and then bring it back to the states to finnish it's high school education. She says that she wants our child to grow up knowing its heritage and about the Chinese culture and practices, not to mention that it would recieve a far better education (based upon what she has seen with my neices & nephews)

 

Can anyone help to shed some light on this matter? Should I try to convince her not to have a child, etc, what?

 

Thanks

 

JIm

[Randy W]

Unless you split up (and either she or the federal government sues), the I-864 has no impact whatsoever on your life.

[jtaylo69]

So, what you are telling me, as long as we are still married and still together, should we have a child, we can utilize the local public assistance (AFDIC, WIC, etc)? For some reason, this doesn't sound right. IF at all possible, and should you know where to find this information for clearification, would you please point the proof to me. I definately don't want to screw things up now, as I would go totally bezerk should something happen to my Liqiu. She is my entire life and my world definately revolves around her.

 

Thanks

[david_dawei]

I tend to agree with Randy... if your together there shouldn't be an issue...

 

For WIC, as an example, you can just ask someone the eligibility, but usually it's just residential and income.. not about who or how you married;

http://www.fns.usda.gov/wic/howtoapply/default.htm

 

As to her thoughts of sending the child to china... I won't pay too much attention to that for the fact that this is just how she feels now; you have no idea how she'll feel once the baby is in her arms. Go with the now; deal with the future when it comes...

[jtaylo69]

Here is what I have found listed under the United States Public Law 104-193 (Welfare Reform Act of 1996)

 

SEC. 403. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR FEDERAL MEANS-TESTED PUBLIC BENEFIT.

 

(a) IN GENERAL.¡ªNotwithstanding any other provision of law and except as provided in subsections (b), ©, and (d), an alien who is a qualified alien (as defined in section 431) and who enters the United States on or after the date of the enactment of this Act is not eligible for any Federal means-tested public benefit for a period of 5 years beginning on the date of the alien's entry into the United States with a status within the meaning of the term "qualified alien". (b) EXCEPTIONS.¡ªThe limitation under subsection (a) shall not apply to the following aliens:

 

(1) EXCEPTION FOR REFUGEES AND ASYLEES.¡ª

 

(A) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act. (B) An alien who is granted asylum under section 208 of such Act. © An alien whose deportation is being withheld under section 243(h) of such Act.

 

(2) VETERAN AND ACTIVE DUTY EXCEPTION.¡ªAn alien who is lawfully residing in any State and is¡ª

 

(A) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge and not on account of alienage, (B) on active duty (other than active duty for training) in the Armed Forces of the United States, or © the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B).

 

© APPLICATION OF TERM FEDERAL MEANS-TESTED PUBLIC BENEFIT.¡ª

 

(1) The limitation under subsection (a) shall not apply to assistance or benefits under paragraph (2). (2) Assistance and benefits under this paragraph are as follows:

 

(A) Medical assistance described in section 401(b)(1)(A). (B) Short-term, non-cash, in-kind emergency disaster relief. © Assistance or benefits under the National School Lunch Act. (D) Assistance or benefits under the Child Nutrition Act of 1966. (E) Public health assistance (not including any assistance under title XIX of the Social Security Act) for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. (F) Payments for foster care and adoption assistance under parts B and E of title IV of the Social Security Act for a parent or a child who would, in the absence of subsection (a), be eligible to have such payments made on the child's behalf under such part, but only if the foster or adoptive parent (or parents) of such child is a qualified alien (as defined in section 431). (G) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General's sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (i) deliver in-kind services at the community level, including through public or private nonprofit agencies; (ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (iii) are necessary for the protection of life or safety. (H) Programs of student assistance under titles IV, V, IX, and X of the Higher Education Act of 1965, and titles III, VII, and VIII of the Public Health Service Act. (I) Means-tested programs under the Elementary and Secondary Education Act of 1965. (J) Benefits under the Head Start Act. (K) Benefits under the Job Training Partnership Act.

 

(d) SPECIAL RULE FOR REFUGEE AND ENTRANT ASSISTANCE FOR CUBAN AND HAITIAN ENTRANTS.¡ªThe limitation under subsection (a) shall not apply to refugee and entrant assistance activities, authorized by title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980, for Cuban and Haitian entrants as defined in section 501(e)(2) of the Refugee Education Assistance Act of 1980.

 

 

 

This was found Here: http://www.acf.hhs.gov/programs/cb/laws_po...pl104_193a4.htm

 

And this is in the I-864 that we must sign and agree to. Acording to it, if I/we violate any part of this, the US Gov. Can sue us for up to as much as 50 grand:

 

 

Means-tested Public Benefit Prohibitions and Exceptions.

Under section 403(a) of Public Law 104-193 (Welfare Reform Act), aliens lawfully admitted for permanent residence in the United

States, with certain exceptions, are ineligible for most Federally-funded means-tested public benefits during their first 5 years in the

United States. This provision does not apply to public benefits specified in section 403© of the Welfare Reform Act or to State

public benefits, including 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; means-tested programs under the Elementary and Secondary Education Act; and Job

Training Partnership Act programs.

 

Consideration of Sponsor's Income in Determining Eligibility for Benefits.

If a permanent resident alien is no longer statutorily barred from a Federally-funded means-tested public benefit program and

applies for such a benefit, the income and resources of the sponsor and the sponsor's spouse will be considered (or deemed) to be

the income and resources of the sponsored immigrant in determining the immigrant's eligibility for Federal means-tested public

benefits. Any State or local government may also choose to consider (or deem) the income and resources of the sponsor and the

sponsor's spouse to be the income and resources of the immigrant for the purposes of determining eligibility for their means-tested

public benefits. The attribution of the income and resources of the sponsor and the sponsor's spouse to the immigrant will

continue until the immigrant becomes a U.S. citizen or has worked or can be credited with 40 qualifying quarters of work, provided

that the immigrant or the worker crediting the quarters to the immigrant has not received any Federal means-tested public benefit

during any creditable quarter for any period after December 31, 1996.

 

I understand that, under section 213A of the Immigration and Nationality Act (the Act), as amended, this

affidavit of support constitutes a contract between me and the U.S. Government. This contract is designed to

protect the United States Government, and State and local government agencies or private entities that provide

means-tested public benefits, from having to pay benefits to or on behalf of the sponsored immigrant(s), for as

long as I am obligated to support them under this affidavit of support. I understand that the sponsored

immigrants, or any Federal, State, local, or private entity that pays any means-tested benefit to or on behalf of

the sponsored immigrant(s), are entitled to sue me if I fail to meet my obligations under this affidavit of support,

as defined by section 213A and INS regulations.

 

 

Civil Action to Enforce.

If the immigrant on whose behalf this affidavit of support is executed receives any Federal, State, or local means-tested public

benefit before this obligation terminates, the Federal, State, or local agency or private entity may request reimbursement from the

sponsor who signed this affidavit. If the sponsor fails to honor the request for reimbursement, the agency may sue the sponsor in

any U.S. District Court or any State court with jurisdiction of civil actions for breach of contract. INS will provide names, addresses,

and Social Security account numbers of sponsors to benefit-providing agencies for this purpose. Sponsors may also be liable for

paying the costs of collection, including legal fees.

Form I-864 (Rev. 11/05/01)Y Page 5

 

Part 7. Use of the Affidavit of Support to Overcome Public Charge Grounds

 

I acknowledge that section 213A(a)(1)(B) of the Act grants the sponsored immigrant(s) and any Federal, State,

local, or private agency that pays any means-tested public benefit to or on behalf of the sponsored immigrant(s)

standing to sue me for failing to meet my obligations under this affidavit of support. I agree to submit to the personal

jurisdiction of any court of the United States or of any State, territory, or possession of the United States if the court

has subject matter jurisdiction of a civil lawsuit to enforce this affidavit of support. I agree that no lawsuit to enforce

this affidavit of support shall be barred by any statute of limitations that might otherwise apply, so long as the

plaintiff initiates the civil lawsuit no later than ten (10) years after the date on which a sponsored immigrant last

received any means-tested public benefits.

 

Collection of Judgment.

I acknowledge that a plaintiff may seek specific performance of my support obligation. Furthermore, any money

judgment against me based on this affidavit of support may be collected through the use of a judgment lien under 28

U.S.C 3201, a writ of execution under 28 U.S.C 3203, a judicial installment payment order under 28 U.S.C 3204,

garnishment under 28 U.S.C 3205, or through the use of any corresponding remedy under State law. I may also be

held liable for costs of collection, including attorney fees.

Edited June 21, 2007 by jtaylo69 (see edit history)

[warpedbored]

The benefits would be for the child not you or the mother. The child would be a US citizen.

[Randy W]

What you need to do is to look into free clinics and anything that you ARE eligible for - not what you're NOT eligible for. Poor people and illegal aliens have babies all the time, some using free and public clinics.

[david_dawei]

why wouldn't it be you applying.. or applying jointly.

 

You just need to talk to those who know eligibility and don't volunteer more than they ask for...

[jtaylo69]

This is true, but the mother would need medical attention as well throughout her pregnantcy, right? They would have to do this through the local Health Dept? Right? If that is the case, then this is toying very close to the federal regulations to what we agreed upon, and should uncle sam decide to get nasty, well, it definately would not be pretty.

[warpedbored]

Any public assistance you garner for your wife is subject to the concitions of the I-864. You and the child however would be exempt.

[jtaylo69]

Ok, So what would you suggest & how to go about it? I've never had to do this so I am not too sure as to what to be looking out for, what not to ask for, what not to let them include, etc. But on the flip side of this, what should I make sure of that she & the baby gets or is elligable to recieve.

 

It's bad enough that I am at this point in my life that I am having to go down this road, and it is so hard to walk through town with my head held high. I now understand why so many folks who end up so close to this spectum of the wage scale fid it so hard to have to deal with.

[The Jeff]

My wife and I are both students. She's starting her second year at community college and I'm also starting University this comming semester.

 

About seven months ago, I had to have an emergency apendectomy. I had no job and no insurance so public health was our only option. Then we found out that we were pregnant! As college students with no job and no insurance, it sure was stressfull for a while. We even went back to China for three months to see about the feasibility of having the child in China. Plus my wife missed China a lot as well.

 

Anyway, after our trip, and seeing China again after living in the US for more than a year, we decided that life in China was not an option for us. Health care, education, traffic and environment were all sub standard when compared to what we had in northern California.

 

After having some conversations with some social workers back in the states, we found out that health care for permanent resident holders is available, but only for pregnancy and emergency related care, which is all we needed anyway.

 

Even if you tried to apply for public benifits, such as food stamps, welfare and other non emergency medical care, (corrective eye surgery for example) you would be disqualified immediatly. The affidavit of support is just a back up in case for some reason, an alien used fraudulent information to recieve welfare checks or food stamps.

 

Most other public benifits are available to non-citizens. Financial aid for college, emergency and pregnancy health care coverage is all available.

 

I'm not sure of the public health care system in North Carolina, but in Callifornia, pregnancies and emergencies are covered for non-citizens.

 

My wife also had some issues about the American public school system after seeing my bratty out of control nieces. After more exposure to American schools and young American students through our church though, her opinion changed dramatically. Especially when she started college.

 

The Chinese public education system really can't compare.

[SirLancelot]

Most other public benifits are available to non-citizens. Financial aid for college, emergency and pregnancy health care coverage is all available.

 

I'm not sure of the public health care system in North Carolina, but in Callifornia, pregnancies and emergencies are covered for non-citizens.

 

 

 

Hi Barey Jones, would you comment more about this coverage of "pregnancies" in CA? Does it cover the entire prenatal period or only the actual delivery? Thanks.

[The Jeff]

Most other public benifits are available to non-citizens. Financial aid for college, emergency and pregnancy health care coverage is all available.

 

I'm not sure of the public health care system in North Carolina, but in Callifornia, pregnancies and emergencies are covered for non-citizens.

 

 

 

Hi Barey Jones, would you comment more about this coverage of "pregnancies" in CA? Does it cover the entire prenatal period or only the actual delivery? Thanks.

 

 

It covers all pregnancy related issues. Prenatal visits, medications, doctors visits and everything else related to the pregnancy

[SirLancelot]

Most other public benifits are available to non-citizens. Financial aid for college, emergency and pregnancy health care coverage is all available.

 

I'm not sure of the public health care system in North Carolina, but in Callifornia, pregnancies and emergencies are covered for non-citizens.

 

 

 

Hi Barey Jones, would you comment more about this coverage of "pregnancies" in CA? Does it cover the entire prenatal period or only the actual delivery? Thanks.

 

 

It covers all pregnancy related issues. Prenatal visits, medications, doctors visits and everything else related to the pregnancy

 

Woah! That's pretty generous. Where is this at? Your county hospital?

 

Are you sure you won't be billed later for this? I know for emergency care, that they have to try and save your life, but you then get billed for it and they can take action against you if you don't pay, like referring the billing over to a collections agency.

 

Would it be similar with the pregnancy? That you'll end up being billed for all the services utilized?