US Citizen I-130 petition for mother / healthcare

[James77 0]

Hi,

 

I am helping my wife petition her mom (I-130 process).  We just received notice that our I-130 was approved and I have some questions about next steps:

 

1.  It looks like we can start the AOS process to apply for green card.  Does this need to be completed now before she arrives here or can it wait until after she arrives?  

Will USCIS let us know what is needed for this?

 

2.  What is the timeframe for when my MIL can arrive here?  We just received the I-130 approval and she is coming from the Philippines.

 

3.  I'm trying to figure out health coverage options for her.  She is 63 and we are in California.  I'm wondering if she can apply for medi-cal and claim that she is part of a separate "household" of 1 in order to meet the low income requirement.  I'm worried that if we were to include her in our household our income would be too high and we would have to shell out full price.  Anybody have some experience with this?  

 

Thanks

 

[NigeriaorBust 4,087]

  You just signed an affidavit of support that you would support her.

[Unlockable 7,306]

Usually new immigrants do not qualify for Medicaid until they have been a resident for at least 5 years. Mainly because it is a system that is paid into before using it. However, there are a few states that offer it. I don't know if Cali is one of them. Certainly it would be in your best interest to find out. If not, you will be paying a high premium for health insurance for your mother-in-law regardless of your income.

 

Take a look at the Affidavit of Support for the I-130 that @NigeriaorBust mentioned. You are stating that you will be providing for your MIL so that when she immigrate she will not become a public charge to the government (Medicaid included). 

 

AOS will not be needed now because after she is approved for the I-130, she will be receiving a green card endorsement when she enters and then receive the physical GC later.

[geowrian 22,335]

1) I'm assuming your wife a USC. She needs to interview at the embassy (I'm assuming Manila) in order to get the visa first. When she enters using the visa, she won't need to do AOS. The IR visas are an immigrant visas and grant LPR status upon entry.

 

2) Timeframe is about 10+ months from filing to visa in hand.

 

3) Medi-Cal is a means-tested public assistance program and therefore if she got them, you are financially responsible for it anyway. Emergency Medi-Cal (or similar) is not means-tested and doesn't require repayment.

https://www.nilc.org/wp-content/uploads/2016/05/sponsoredimmsbens_ca_2006-10.pdf

That said, bringing over somebody who knowingly is going to rely on the government for aid...well, I'll keep my opinion to myself.

 

NOTE: If the care she needs is considered long term care (LTC), then this is also is public charge concern.

 

As for the specific question asked, the household size rules are here: https://medi-cal.healthreformquotes.com/faqs/redetermination/household-definition/. If she meets those rules, then you need to claim her. If not, then she can claim herself. But note that your wife is likely financially responsible for it.

[Beatriec 0]

1 hour ago, James77 said:

Hi,

 

I am helping my wife petition her mom (I-130 process).  We just received notice that our I-130 was approved and I have some questions about next steps:

 

1.  It looks like we can start the AOS process to apply for green card.  Does this need to be completed now before she arrives here or can it wait until after she arrives?  

Will USCIS let us know what is needed for this?

 

2.  What is the timeframe for when my MIL can arrive here?  We just received the I-130 approval and she is coming from the Philippines.

 

3.  I'm trying to figure out health coverage options for her.  She is 63 and we are in California.  I'm wondering if she can apply for medi-cal and claim that she is part of a separate "household" of 1 in order to meet the low income requirement.  I'm worried that if we were to include her in our household our income would be too high and we would have to shell out full price.  Anybody have some experience with this?  

 

Thanks

 

I'm in the process of doing my mom's papers.

Including in the letter of approval from USCIS, it tells me to wait for NVC to contact me. NVC sent me an email of their website and what to do. PDF format papers including NVC case number a nd invoice number. From their website, it gave me all the information I needed. If it's the same for your mother-in-law, just make sure you read everything in the website (ALL THE STEPS) because there are things I didn't know what she needed and what I needed until I started reading everything from the website.

[James77 0]

Let me be clear about my question #3.  I intend to fully support my MIL while she is here in the US.  I was just wondering what is the lowest cost option for her health coverage, basically what options are available to new immigrants.

[NigeriaorBust 4,087]

  That is the issue when older people  immigrate.  It is expensive .  They will not qualify for free Medicare because that is a system you pay into ( like social security you need years of paying in )   and she will not get social security .   After 5 years you can but into the Medicare system but that is hundreds of dollars a month.  ( 413 currently)