Marketplace Healthcare Coverage for US Citizen Spouse while in AOS

[jaimelee 12]

Hello Everyone,

I've now spent over 2 hours on the phone with Marketplace representatives, one stating that I could have healthcare coverage for myself through the Marketplace while my husband adjusts status the other telling me that I cannot have healthcare coverage for myself through the Marketplace while my husband adjusts status.

My husband does not have his EAD or AP quite yet, and obviously not his green card so we are still in AOS limbo. My question is, does anyone here have healthcare coverage through the marketplace while their husband or wife is adjusting status? If so, how does that work? How did you get it? Am I even allowed to have healthcare coverage through the Marketplace? I am aware that obviously he will not be allowed to have healthcare coverage through the Marketplace until he gets his permanent residency card.

I just hate being without health insurance while this whole situation happens.

[clairegie 265]

Well, based on their website, you can be covered as long as your husband isn't applying with you.

Federal and state Marketplaces and state Medicaid and CHIP agencies can’t require applicants to provide information about the citizenship or immigration status of any family or household members who aren’t applying for coverage.

States also can’t deny benefits to an applicant because a family or household member who isn't applying hasn’t disclosed his or her citizenship or immigration status.

https://www.healthcare.gov/immigrants/immigrant-families/

[Boiler 43,393]

You can get Obamacare once you have filed to adjust.

[aruadha 58]

I went thru Obamacare and have health insurance for myself and my husband who is going through AOS. There were questions asking if he is a Citizen- No. Then what is his I-94 number.... Had issues with other facets of it, but him getting insurance was not part of that.

[jaimelee 12]

I went thru Obamacare and have health insurance for myself and my husband who is going through AOS. There were questions asking if he is a Citizen- No. Then what is his I-94 number.... Had issues with other facets of it, but him getting insurance was not part of that.

Was your husbands I-94 expired when you applied for Obamacare? My husband's I-94 expired in October.

Well, based on their website, you can be covered as long as your husband isn't applying with you.

Federal and state Marketplaces and state Medicaid and CHIP agencies can’t require applicants to provide information about the citizenship or immigration status of any family or household members who aren’t applying for coverage.

States also can’t deny benefits to an applicant because a family or household member who isn't applying hasn’t disclosed his or her citizenship or immigration status.

https://www.healthcare.gov/immigrants/immigrant-families/

Ok thats understandable, thank you for that, but when they ask me if I am Married/Single/Divorced or whatever then they ask me for my husbands name and all of his information.

[yuna628 9,527]

The first person you spoke to was correct you and your husband can get coverage, and yes even in your adjustment status. He is not only eligible as an LPR but even while he is adjusting to an LPR. Yes, the phone operators are idiots. They can't seem to understand the difference between Marketplace coverage (you and husband buying into this) and Medicaid/CHIP coverage (which has restrictions).

The following federal guideline:

https://www.healthcare.gov/immigrants/immigration-status/

Applicants for any of these statuses qualify to use the Marketplace:

• Temporary Protected Status with Employment Authorization
• Special Immigrant Juvenile Status
• Victim of Trafficking Visa
• Adjustment to LPR Status
• Asylum (see note below)
• Withholding of Deportation, or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) (see note below)

Notice that in addition to an EAD/GC how an I94 or even an I797 can be used as documentation? https://www.healthcare.gov/immigrants/documentation/

[jaimelee 12]

Fabulous! Thank you so much for this information!!

The first person you spoke to was correct you and your husband can get coverage, and yes even in your adjustment status. He is not only eligible as an LPR but even while he is adjusting to an LPR. Yes, the phone operators are idiots. They can't seem to understand the difference between Marketplace coverage (you and husband buying into this) and Medicaid/CHIP coverage (which has restrictions).

The following federal guideline:

https://www.healthcare.gov/immigrants/immigration-status/

Applicants for any of these statuses qualify to use the Marketplace:

• Temporary Protected Status with Employment Authorization
• Special Immigrant Juvenile Status
• Victim of Trafficking Visa
• Adjustment to LPR Status
• Asylum (see note below)
• Withholding of Deportation, or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) (see note below)

Notice that in addition to an EAD/GC how an I94 or even an I797 can be used as documentation? https://www.healthcare.gov/immigrants/documentation/

[LORIEandPHIL 123]

We got coverage, and at a discount with the difference paid for by the government, even before we sent away the AOS, paperwork.

[Ontarkie 13,902]

~~Moved to Moving to the US and Your New Life in America, from AOS Family Based - As similar threads have been discussed here.~~

[aruadha 58]

Was your husbands I-94 expired when you applied for Obamacare? My husband's I-94 expired in October.

No, his is still current till the end of this month.

[Ketsuban 1,033]

I don't even know what I'm going to do when I get out there. My husband's employer brought back insurance, but I can't go on it with no SSN and we can't afford the Marketplace policies. I think we'll have to pay the fine for this year then get me on his employer's policy when they (hopefully) open up next November. They were only open for 13 days so we had barely any time to figure stuff out. It took a week to calculate his premiums, that's how complicated it was.

[genddob 10]

There is no requirement to have a SSN in order to be added to health insurance. Keep asking for a supervisor until you get someone who understands this. They may need one for their computer system, but they can add a dummy SSN like 999-99-9999 until you have a real one.