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    Dear forum,

    Sorry to bother you with this issue but i don't know where to ask!
    If someone knows pls, i'm in USA for 9 months, my I-130 has been approved (my husband is green card holder) and i'm waiting for my priority date! Until than, in July i will deliver my 1st child and we have only one income, only my husband works because i don't have documents to be able to work!

    Is there any way to get help from the goverment or is there any place for my husband to declare that he soon will support his wife and a baby? Maybe we won't pay tax?

    If anyone knows anything regarding that, pls let me know!

    Thanks a lot!
    A

  • #2
    I'm not sure if you realize it, but you can't just stay in the US waiting. As you are not in the Immediate Relative category (spouse, under-21 unmarried child, or parent of US citizen), you must be in status to be eligible for Adjustment of Status. It sounds like you probably entered as a visitor or some other short-term status, and you are out of status. So you will not be eligible for Adjustment of Status. So you can only do Consular Processing at a US consulate abroad. Furthermore, when you stay past the date on your I-94, you are accruing "unlawful presence". If you leave the US after accruing 180 days of "unlawful presence", you trigger a 3-year ban. If you leave the US after accruing 1 year of "unlawful presence", you trigger a 10-year ban. You should make sure to leave the US before you reach 180 days of "unlawful presence".

    To answer your question, you can't get most types of government assistance, but you can get Emergency Medicaid for emergency health treatment, and in some states you can get pregnancy-related Medicaid. I am not sure what you mean by "place for my husband to declare that he soon will support his wife and a baby". Of course your husband will file tax returns as he works and has income. He can file as either Married Filing Separately or Married Filing Jointly together with you.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by Anca View Post
      Dear forum,

      Sorry to bother you with this issue but i don't know where to ask!
      If someone knows pls, i'm in USA for 9 months, my I-130 has been approved (my husband is green card holder) and i'm waiting for my priority date! Until than, in July i will deliver my 1st child and we have only one income, only my husband works because i don't have documents to be able to work!

      Is there any way to get help from the goverment or is there any place for my husband to declare that he soon will support his wife and a baby? Maybe we won't pay tax?

      If anyone knows anything regarding that, pls let me know!

      Thanks a lot!
      A
      Hope your issue is solved

      Comment

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