611.03 Deeming Principles (FSM)

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Deem income and resources from alien sponsor to qualified alien.

Exception: Sponsor-to-immigrant deeming principles do not apply to sponsored qualified aliens under age 18. When determining food stamp eligibility and benefit amount for sponsored non-citizen children, do not count the income and resources of the child’s sponsor (or the sponsor’s spouse).

Deeming principles apply to all sponsors with legally binding affidavits of support. However, deeming principles do not apply for all aliens. See section 611.04, Exceptions to the Sponsor-to-Immigrant Deeming Principles.

If not excepted from sponsor-to-immigrant deeming principles, deem the income and liquid resources (e.g., bank accounts, stocks, bonds) of an alien’s sponsor and the sponsor’s spouse to the sponsored alien until:

• the sponsored alien becomes a naturalized citizen;

• the sponsored alien can be credited with 40 qualifying quarters of work; or

• the sponsor dies.

Sponsor refers to individuals only who executed an affidavit of support or similar agreement on behalf of the alien as a condition of the alien’s entry.

The income of the sponsor and the sponsor’s spouse is deemed to be available and treated as unearned income.

Deem the income and resources of a sponsor and sponsor’s spouse to the alien:

• even if the marriage occurred after the affidavit of support was executed;

• regardless of whether income and resources are actually available to the alien; and

• even if the alien loses their sponsor due to any reason other than death and does not obtain a new sponsor.

If the alien obtains a new sponsor, deem the income and resources of the new sponsor, and if applicable sponsor’s spouse.

The alien is required to report changes in sponsorship and income and resources of their sponsor at recertification or whenever a change occurs. Changes include loss of a sponsor due to death or obtaining a new sponsor. Recalculate new benefits by taking the new information into account.

Calculate available deemed income from alien sponsors as follows:

1. Exclude from the sponsor’s and sponsor’s spouse’s income any income that is excluded for food stamps.

2. Subtract 20% of the sponsor’s and, if applicable, the sponsor’s spouse’s total monthly earned income and add the remaining amount to the sponsor’s and, if applicable, the sponsor’s spouse’s gross unearned income.

Reduce the amount derived in 2 above by the gross income limit for a food stamp household size equal to the household size for the sponsor, sponsor’s spouse, and any other person who the sponsor or sponsor’s spouse is claiming or could be claiming as a dependent for federal income tax purposes.

Calculate available deemed resources from alien sponsors as follows:

1. Compute the total countable resources of the sponsor and the sponsor’s spouse.

2. Subtract $1,500. The balance is the available deemed resources.

If the alien switches sponsors during the certification period, or the sponsor dies, recalculate deemed income and resources to reflect the alien’s current circumstances once the new information supplied by the alien and has been verified.

Verification: The sponsored alien and their spouse are responsible for providing the District Office with any information/documentation necessary to determine the income and/or resources of the alien’s sponsor and the sponsor’s spouse for the time period in which the individual requires a sponsor.

The alien or alien’s spouse are also responsible for documenting that the sponsor also sponsors other aliens, the number of other aliens sponsored and for obtaining any necessary cooperation from the sponsor. If the sponsor signs an affidavit of support for more than one immigrant, the sponsor’s income is pro-rated among the sponsored immigrants.