Bellmore, NY Immigration Law Firms & Lawyers

Not if the marriage was real. In fact, you can divorce your husband and remove condition by yourself. You do not have to be "stuck" in a bad relationship.

I am not familiar with the exact requirements of WIC application process, but it is likely that you have to show a financial need for public support. On the other hand, to get your husband a green card, you had to file Form I-864 Affidavit of Support showing that you have enough income to support yourself, your dependents, and your husband; and you promised that your husband will not become "public charge " because you can and will take care of whatever financial needs he might have. As you can see, the two statements are incompatible: you cannot be poor enough for WIC eligibility and well-off enough to support your husband at the same time. One way out of this conundrum is to have a co-sponsor who would sign a second affidavit of support for your husband. This person does not have to be a relative; it can be a friend, a co-worker, anyone - so long as the co-sponsor is a U.S. citizen or a permanent resident who has enough income or assets to independently qualify under the federal poverty guidelines (independently means that the co-sponsor's income cannot be added to yours to clear the poverty threshold, it has to be over the guidelines on its own). If you have a co-sponsor, then your own use of public support benefits will not matter for your husband's adjustment of status application.