Background:
San Francisco Bay Area, California -- My wife is has a temporary (2
year) greencard.  We got married about 1.5 years ago on a K1 Fiancee
Visa.  She is from the Philippines and I was born and raised in
Northern California.  She received her Work Authorization a little
over 1 year ago and her Temporary (2 year)Greencard in December of
2005.  She just quit her job (she was not laid off, she resigned) and
was thinking about filing for umemployment benefits in California
until she finds another job.

She will need to file for her permanent visa in about 1 year.  As far
as establishing ourselves as a legitimately married couple, I believe
we are fine on that.  All of our accounts are joint and we just bought
a house together. I am also well above the poverty line on my income
alone, and we do not need her to income to qualify for the greencard
status.  I believe we will have no problem proving that we are indeed
a happily married couple based on our lifestyle.  That part of the
greencard process is a non-issue.

Question:
I want to know if applying for unemployment benefits will hurt her
chances of getting her permanent greencard?

Hello unwantedwords,

Thank you for your question.

Your wife can claim unemployment, and it should not affect her green
card application negatively.

Unemployment insurance is not a means-tested benefit. Usually, a
sponsor (such as yourself) would have to agree to pay back any
means-tested benefits such as welfare that may be given to an
applicant. But unemployment does not qualify.

Here is a page that cites unemployment as a non-means-tested benefit:

Foodshare Wisconsin Handbook
http://www.emhandbooks.wi.gov/fsh/Policy_Files/4/45/4-5-6.htm

"Non-means tested programs are those which do not base eligibility on
income and assets. Social Security and Unemployment Compensation (UC
Unemployment Compensation) are examples of a non-means tested source."

In fact, those who are on certain types of welfare such as Medicaid or
food stamps can actually go on to get a green card, so this shows that
your wife will certainly be safe:

NJ Family Care
http://www.njfamilycare.org/pages/INSFlyerEng.pdf#search=%22green%20card%20welfare%22

Sources:

"Can an I-864 SPONSOR claim unemployment insurance?"
alt.visa.us.marriage-based
http://groups.google.com/group/alt.visa.us.marriage-based/browse_frm/thread/9661813e4b2ced10/a1fea6eeeebc1075?lnk=st&q=green+card+filing+for+unemployment&rnum=5#a1fea6eeeebc1075

Ask Visalaw.com
http://www.visalaw.com/03jan5/3jan503.html

Search terms:
(on Google and Google Groups)
green card filing for unemployment
unemployment non-means tested
green card unemployment
green card welfare

If you need any clarification of my answer, let me know and I'll be glad to help.

--keystroke-ga

Thanks for the answer. I'm especially impressed with the clarification
of means vs. non-means as it pertains to unemployment.

This may be of interest:

Can you quit your job yet still be eligible for unemployment insurance?
According to California law, a worker is eligible for unemployment
insurance benefits only if the Employment Development Department
determines that he or she voluntarily left his or her most recent
employment with ?good cause.? The California Unemployment Insurance
Appeals Board has defined ?good cause? for voluntarily leaving work
as: ?a real, substantial, and compelling reason of such nature as
would cause a reasonable person genuinely desirous of retaining
employment to take similar action.? Most cases in which an employee
has voluntarily left employment and has been found to have ?good
cause? to leave the job involve:
? a reasonable fear for health or safety:
? a compelling family necessity; or
? abusive and oppressive working conditions.

Many typical reasons for quitting a job do not meet the definition of
?good cause? and therefore will disqualify a worker from getting
unemployment benefits. For unemployment insurance purposes, reasons
which usually are not considered good cause for quitting include:
? ordinary job dissatisfaction or stress;
? personality conflicts with management;
? disagreement over a disciplinary action;
? failure to receive a raise or promotion (unless based on illegal
discrimination);
? a lack of opportunity for advancement (unless based on illegal discrimination);
? a reduction in hours or pay (unless the employer breaks an earlier agreement);
? fear of imminent discharge or layoff;
? returning to school;
? leaving to become self-employed.

http://www.las-elc.org/engvolquit.pdf#search=%22%22unemployment%20insurance%22%20quit%20california%22

Thanks for the information on unemployement.  My wife does qualify for
unemployement, so I'm just wondering whether filing for unemployement
would hurt her chances of getting a permanent Green Card.

Sorry, I misunderstood. I assumed that your wife had not yet filed for
unemployment benefits.