I am loust after my interview

[meknessi 0]

Hi, everybady

I am K3 visa soulder, we went my husband and I to interview for my green card.

I am pregnant, but I don't have insurance. I get 6 months of free care from

hostipal.I show this letter to the immigration officer, he said I don't

allowed to ask for this free care. Now i don't know, what next?

Please, could you help me.

thanks alot

[justashooter 430]

Hi, everybady

I am K3 visa soulder, we went my husband and I to interview for my green card.

I am pregnant, but I don't have insurance. I get 6 months of free care from

hostipal.I show this letter to the immigration officer, he said I don't

allowed to ask for this free care. Now i don't know, what next?

Please, could you help me.

thanks alot

this would be a "means tested benefit". you are not eligeable for means tested benefits till you have lived here 5 years as an LPR. someone will be along shortly to discuss the consequences.

[trillium13 84]

If this "free care" is in fact a "means tested benefit", whoever sponsored you on the I864 will likely be held responsible to pay back any benefits you receive.

Someone else could probably explain it better. The purpose of your having a sponsor in the first place is to try to ensure that the US government doesn't have to take care of you from day one.

[Brother Hesekiel 2,236]

Why does the hospital give you 6 months free care? Is your husband working there? What does the letter say?

[JimVaPhuong 4,864]

Hi, everybady

I am K3 visa soulder, we went my husband and I to interview for my green card.

I am pregnant, but I don't have insurance. I get 6 months of free care from

hostipal.I show this letter to the immigration officer, he said I don't

allowed to ask for this free care. Now i don't know, what next?

Please, could you help me.

thanks alot

You can be found inadmissible under section 213(A) of the INA if it's determined that you are likely to become a public charge, in spite of a properly filed I-864 affidavit of support.

In most states, you can receive emergency or prenatal medical care at no charge provided you can demonstrate that you don't have medical insurance, and you can't afford to pay for the medical care yourself. Because of the humanitarian nature of the benefit, they don't usually require proof of legal status in order to qualify. I don't know how this is handled in Texas, but in California it's usually handled by the county hospital system. Unfortunately, by accepting this medical care you have proven to the IO that you are an absolute risk to become a public charge because you are already receiving a means tested benefit. The IO can use his discretion to deny your AOS.

I don't know if the affidavit of support can be enforced retroactively. If it can, your husband is going to have to repay the cost of the medical services you received. I have no idea whether this would be enough to rectify the situation, and allow you to try another AOS application. I suggest you "lawyer up" pronto!

[VanessaTony 3,567]

If it's WIC then it's fine. It depends ENTIRELY on what the letter actually says. The child is perfectly entitled to care if it is a USC (even in utero), IT is the one receiving the free treatment, not you.

I agree that you should probably speak to an immigration lawyer to make sure you're okay. Better to be safe than sorry.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to Moving Here and Your New Life In America as this isn't an AOS question**

Edited July 29, 2010 by Vanessa&Tony

[Dakine10 5,452]

Hi, everybady

I am K3 visa soulder, we went my husband and I to interview for my green card.

I am pregnant, but I don't have insurance. I get 6 months of free care from

hostipal.I show this letter to the immigration officer, he said I don't

allowed to ask for this free care. Now i don't know, what next?

Please, could you help me.

thanks alot

It would be helpful to see the letter. Generally, free health care paid or written off by the hospital (ie not billed to another entity such as medicaid) would NOT be considered a means tested benefit.

Also prenatal care and WIC benefits are not subject to public charge consideration. If the benefits are only related to prenatal care there should not be a problem with this.

Again, it would be helpful to know exactly what the letter said, ie. what is the basis of the free healthcare and what does it cover. Otherwise there is some speculation.

Here is a link to some information which may be helpful.

http://www.hooyou.com/i-485/publiccharge.html

[edp333 9]

It would be helpful to see the letter. Generally, free health care paid or written off by the hospital (ie not billed to another entity such as medicaid) would NOT be considered a means tested benefit.

Also prenatal care and WIC benefits are not subject to public charge consideration. If the benefits are only related to prenatal care there should not be a problem with this.

Again, it would be helpful to know exactly what the letter said, ie. what is the basis of the free healthcare and what does it cover. Otherwise there is some speculation.

Here is a link to some information which may be helpful.

http://www.hooyou.com/i-485/publiccharge.html

Agreed, it depends upon the type of care received. If it was Texas CHIP, then the OP has a situation.

The means tested benefits can be found here: http://travel.state.gov/visa/immigrants/info/info_3183.html#_Means_Tested_Public

[moroccogirlny 100]

Hi, everybady

I am K3 visa soulder, we went my husband and I to interview for my green card.

I am pregnant, but I don't have insurance. I get 6 months of free care from

hostipal.I show this letter to the immigration officer, he said I don't

allowed to ask for this free care. Now i don't know, what next?

Please, could you help me.

thanks alot

Most likely you will pay out of pocket.

[wizardfitz 13]

not sure what help u are asking for? were u denied AOS at the interview? or are u asking for help with the insurance problem?

[Darnell 8,479]

what was the result of the interview?

WHY did you show this letter from hospital, as well?

Edited July 29, 2010 by Darnell

[LIFE'SJOURNEY 970]

She probably ran away because everyone confused her with their respones, except for Jim. If I was to follow one piece of advise from this topic, I would look at what Jim posted and apply that to this situation.

K3 is an non-immigrate visa, the OP should not have been receiving any type of free care, at this time regardless if it was for herself or the un-born child. The CO read the form iin question and he has directed her correctly. I am sure this bit of information was posted in her file.

The question is what type of action will the CO take with this given information he was provided with from the OP and her husband. This information was provided at their AOS interview.

[wizardfitz 13]

@Jim

is this true for CR1 as well? how about USC children born into that marriage? If you can PM me as I have a complicated question for you.