Question:

Could an hospital bill for emergency care ever be considered a "means-tested public benefit" as in form I-864?

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For my English wife's visa we are required to get an additional Affidavit of Support (form I-864) from an American citizen besides myself. I have asked my Sister to file this form on our behalf. My Sister is worried about a scenario wherein my wife receives medical care and runs up a bill and then the government comes after my Sister's house or savings account. Is this a real concern? Could this type of scenario lead to action under form I-864?

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  1. No.  Did you even look at the I-864?  This is what it says.....

    Federal Means-Tested Public Benefits. To date, Federal agencies administering benefit programs have determined that Federal

    means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for

    Needy Families (TANF) and the State Child Health Insurance Program (SCHIP).

    State Means-Tested Public Benefits. Each State will determine which, if any, of its public benefits are means-tested. If a State

    determines that it has programs which meet this definition, it is encouraged to provide notice to the public on which programs are

    included. Check with the State public assistance office to determine which, if any, State assistance programs have been

    determined to be State means-tested public benefits.

    Programs Not Included: The following Federal and State programs are not included as means-tested benefits: emergency

    Medicaid; short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts;

    immunizations and testing and treatment for communicable diseases; student assistance under the Higher Education Act and the

    Public Health Service Act; certain forms of foster-care or adoption assistance under the Social Security Act; Head Start

    Programs; means-tested programs under the Elementary and Secondary Education Act; and Job Training Partnership Act

    programs.

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