Seems your concern is about money. For a single spouse the annual income requirement is about 18k. What matters is the size of the household which would include your children and the spouse's who will be residing in the same domicile. This will give you an idea of how much is required. Citizen received benefits do count towards this and would not hinder your ability.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 8963 | Location: San Diego, or near by. | Registered: 06-08-2007
The first step is to file an I-130 with the USCIS. What happens after that depends on where your spouse currently is - if outside of the US (in which case he will go through Consular Processing) or inside the US, in which case there are two options depending on whether he entered with a valid visa or without inspection. If you let us know which it is in your case, we can advise you more.
As far as WIC, it shouldn't affect you however as Davdah pointed out, you need to earn a set amount, which is 125% over the poverty level. This is for the Affidavit of Support and is basically a contract between you and the government that your spouse will not become a public charge. If you don't meet the income requirement, all is not lost as you can use a co-sponsor to make up the difference.
************************************** The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch
Posts: 1537 | Location: Las Vegas | Registered: 07-29-2007
The spouse entered into the US with a visa but the visa is now expired. She recently had a child and is on WIC. She is only married through the church.
Oh, that ain't good. If it were the USC it would be a different story. There is some debate as to the affect of WIC and being illegal as it relates to an adjustment of status.
First off, if you are the father and potential sponsor you should reassign the benefits under your name, not hers. It may help to alleviate the appearance of fraud. If your not eligible due to income then you need to own up to your responsibility and make an honest women out of her with a proper marriage and get her papers in order. At any time she can get picked up and sent home. By then it will be too late.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 8963 | Location: San Diego, or near by. | Registered: 06-08-2007
I can't see anywhere on the WIC site regarding whether or not legal status is a requirement - only a blurb on how WIC benefits does not make an immigrant a public charge. If legal status is required, then Davdah is right. It could be an issue.
Other than that, since she entered on a valid visa, she is eligible to adjust her status while remaining in the US. The marriage needs to be legal and binding, but the process is fairly straight forward, starting with that I-130.
Immigrants of any status should be eligible for WIC- it's a very narrow program intended to make sure children get enough to eat and diapers, etc. It shouldn't be a problem. Depending on the state you live in you may also have to get a marriage license- the church certificate may not be enough.
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