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MS 3060

[1] Volume 2 - Supplemental Nutrition Assistance Program (SNAP) MS 3060 – R. 6/1/26 – OMTL – 684 Deeming Sponsor's Income

[Deeming policy applies to all sponsored aliens, except sponsored alien children under age 18. Deeming policy does not apply to indigent or battered aliens, as they do not actually receive the deemed income. An indigent alien is an alien the agency has determined as being unable to obtain food and shelter, taking into account the alien's own income plus any cash, food, housing or other assistance provided by other individuals, including the sponsor(s); this means the sum of the eligible-sponsored alien's household's own income, the cash contributions of the sponsor and others and the value of any in-kind assistance the sponsor and others provide do not exceed 200 percent of the poverty level guidelines for the household's size. Deeming continues until the alien gains citizenship or attains 40 qualifying quarters of coverage or the sponsor dies. A. Sponsored aliens who complete the affidavit of support on or after 12/19/1997 must have both their sponsor's and their sponsor's spouse's income deemed as available to the alien. The sponsor's spouse must be living with the sponsor for their income to be considered available to the alien.

1. The total income of the sponsor and the sponsor’s spouse is considered available to the sponsored alien. 2. If the sponsored alien verifies that his sponsor is the sponsor of other aliens, the total income of the sponsor and the sponsor’s spouse is divided by the number of sponsored aliens before income is deemed to the sponsored alien applicant. If one of the sponsored aliens is a child, determine the amount of deemed income for each alien and then exclude the child’s portion before considering the income available to the sponsored alien applicant. 3. If a change in sponsorship occurs during the recertification period, verify and recalculate the deemed income.

B. For sponsored aliens completing the United States Citizenship and Immigration Services (USCIS) affidavit of support prior to 12/19/97, consider both the sponsor's and the spouse's income as available to the alien. Both are deemed available to the sponsored alien for three years following the alien's admission as a permanent resident.

1. For these individuals, use the following procedures to determine the amount of income deemed available:

a. Add the monthly gross earned income, less exclusions, of the sponsor and spouse. b. Subtract the earned income deduction from the earned income of the sponsor and the sponsor’s spouse. c. Add the monthly gross unearned income, less exclusions, of the sponsor and the sponsor’s spouse. d. Subtract the SNAP gross monthly income eligibility limit for a household equal in size to the sponsor, their spouse, and anyone