Asked 5 months ago - Brooklyn, NY
Flagif I gt married to an U.S citizen whom is on food stamp. Can I be accepted for an green card or citizenship?
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Yes you could under current law. However there may be fraud issues depending on the chronology of your relationship and marriage to your spouse.
Consult with a competent attorney or BIA-accredited representative.
-Dan
Daniel Green, Esq.
845-853-7302/347-245-7078
Serving the Hudson Valley, Northeast, and the World Beyond
www.hudsonvalleyimmigrationlaw.com
lawyer@hudsonvalleyimmigrationlaw.com
Location: 684 Aaron Court, Kingston, NY
Mailing Address: PO Box 3238, Kingston, NY 12402
The green card comes first. But to answer your question, the fact that your spouse received food stumps does not disqualify you for adjustment of status. You will most likely need a financial joint sponsor. Also, be sure to work with an attorney to properly represent you and present your case in the best light to CIS
Assuming you meet all other criteria, then yes, the fact that you have overstayed your period of authorized stay will not bar you from admission as the spouse of a U.S. citizen, nor will your spouse's acceptance of public benefits, assuming that she, or a co-sponsor, can still demonstrate sufficient means to prevent you from becoming a public charge..
Assuming you might all the other eligibility requirements for adjustment of status, you be eligible to become a lawful permanent resident. You cannot become a U.S. citizen unless you have been a lawful permanent resident for a specific period of time. The fact that your spouse-to-be has received food stamps does not automatically preclude you from adjusting your status in the United States. However, as part of the process, you need to demonstrate you will not become a public charge. Your spouse has to file an affidavit of support. If your spouse receives food stamps, he/she may not have sufficient income and/or assets to meet the support requirements. The good news is you can have a co-sponsor. I encourage you and your spouse to retain an attorney to assist you with this matter.
