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  • petitioning for spouse

    What is need to petition for a spouse? Does being on WIC affect your chances?

  • #2
    What is need to petition for a spouse? Does being on WIC affect your chances?

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    • #3
      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

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      • #4
        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.

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        • #5
          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.

          More info is available from the USCIS website:
          http://www.uscis.gov/portal/si...CM10000048f3d6a1RCRD
          **************************************
          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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          • #6
            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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