Does being a public charge impact my green card processing? 1 Answers as of May 06, 2011

I filed I-751, I am not working, my baby is 18th months old, and my husband is getting SSDI income. Does it mean that I am "public charge?" How does it impact on my green card processing?

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World Esquire Law Firm | Aime Katambwe
In a way yes. But for purposes of the I-751, USCIS is really looking to see if the marriage was really a "good faith" marriage and not a sham marriage. The reason the I-751 is required at the 2-year mark is because of the law enacted by Congress defining a good faith marriage as being one that lasted at least 2 years. This is an arbitrary length of time picked by Congress since there is no measurable way of deciding what a good faith marriage elements are. Having said that, if USCIS is able to come upon information showing that you have been a public charge since the very beginning of your marriage green card and you did not have a joint-sponsor, then they can ask you or your husband to repay any taxpayer money you received in order to support you in the US. This is rarely done so I would not fret about that. Good luck!
Answer Applies to: California
Replied: 5/6/2011
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