Chicago, IL asked in Family Law and Immigration Law for Illinois

Q: Can I sponsor my husband whom is an immigrant, on section 8? I am working and may meet the income eligibility level

I will be getting married October of 2022. I'm on section 8 but I also work. I understand there's a minimum level of eligibility of income to sponsor an immigrant spouse. I may be eligible. I understand I have to petition. Will I be able to sponsor my spouse without loosing my Section 8 Voucher? Can he be added on my Section 8 Voucher?

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2 Lawyer Answers
Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI
  • Licensed in Illinois

A: Your spouse should not be added to your Section 8 voucher. See: https://protectingimmigrantfamilies.org/wp-content/uploads/2020/11/Public-Charge-and-Affordable-Housing_-Get-the-Facts.pdf

Best wishes!

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Means tested benefits can disqualify applicants for immigration. Section 8 Vouchers are an issue. You must earn enough at 125% of the Health and Human Services poverty levels to petition your husband. If you, as the petitioner, accept vouchers, then this can be a challenge upon discovery.

If you need a joint sponsor, then the joint sponsor may have reasonable concerns if you receive Section 8 vouchers. If your husband somehow receives or benefits from Section 8 vouchers, your husband can be disqualified if he is found to likely be a public charge as a result. If he later receives benefits from Section 8 vouchers, the joint sponsor may have to pay this money back to your husband or the U.S. Government.

It is unclear how much your husband will earn once he is able to lawfully work. It is unclear how much your husband is currently paid (if enough), since he is a 'tax resident' (not a lawful permanent resident), and thereby possibly obligated to pay taxes or receive a refund.

As a result, you 'may not' qualify for Section 8 Vouchers upon marriage, but you can and should file joint income tax returns, since there may be a tax refund. Good planning and a sense of priorities are important. The Federal Government has the right to investigate and question any applicants who eventually violate Federal law after a marriage.

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