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MS 0566

[1]

Volume 1 - General Administration MS 0566 - R. 6/1/26 - OMTL- 696 Consideration of the Sponsor’s Income and Resources

[The income and resources of the sponsor and the sponsor’s spouse are deemed as available to a sponsored alien who completed the affidavit of support on or after Dec. 12, 1997.

A. Deeming the sponsor’s income applies to all aliens sponsored by individuals. Deeming continues until the alien gains citizenship.

1. The total income and resources of the sponsor and spouse are considered available to the alien’s household. Consider the deemed income as unearned income.

2. If a change in sponsorship occurs during the recertification period, verify and recalculate the deemed income and resources.

B. There are exceptions for deeming a sponsor’s income. Do not deem the sponsor’s income to the alien if one of the following exceptions applies:

1. If the alien is determined to be indigent. Apply the following conditions to determine indigence:

a. The amount of the sponsor's income and resources given to the alien does not exceed the amount agreed to in the affidavit; and

b. Without the assistance of the Cabinet, the alien would be unable to obtain food and shelter. In determining if the alien is indigent, consider the alien’s own income, plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor.

Count only the amount actually provided by the sponsor for a 12- month period. The 12-month period for the indigent exception starts with the month the determination is made.

If an alien is determined indigent, forward the names of the sponsor and sponsored alien involved to the appropriate program branch in the Division of Family Support.

2. If the alien or alien’s child has been subjected to extreme cruelty or has been battered in the United States (U.S.) by:

a. A spouse or parent; or

b. A member of the spouse's or parent's family living with the alien or alien’s child, and the spouse or parent allows the cruelty or battery; or

3. If the alien is a child who lives with a parent who has been battered or subject to extreme cruelty in the U.S. by: