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TomandCatie

DCF Spouse Visa - Medical Insurance California?

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Hey everyone,

Anyone out that in the CA region who is familiar with covered CA?

Here's the deal.... I was told here that medi-cal is a means tested benefit and he cannot use this, HOWEVER, he can't use covered California (obamacare) due to the fact that we have no $$ and can't afford monthly health insurance. The site directs him to medi-cal after we input our income.

I've talked to about 50 people (senators, congressman, immigration specialists) and after a very LONG and hideously confusing journey, they have come to me and said that is OKAY for him to sign up for covered CA as a medi-cal applicant. They said this is stated in the federal register (section #28689) and the wellfare reform act 1996 section C2A and Section 403

Here's what they said:

When medi-cal is looking at immigrants, there' a huge misunderstanding because if you are applying for cash aid or food stamps the rules would be drastically different. But he isn't - he's only for the medical.

wellfare reform act 1996 section 403 - talks about a 5 year limited eligibility for aliens. says he's not eligible for anything for 5 years.

section c2a however, specifically says it does NOT apply to medi-cal. Medi-cal by itself is just a health insurance, we wouldn't be doing anything like food stamps, or cash benefits.

So, the end result is that medi-cal is OKAY to use if it's JUST for insurance and nothing else. I'll be printing these sections out and making an appointment at social services with my husband. Thoughts?


July 19, 2013 - I-130 Filed

July 23, 2013 - Notice of Receipt (NOA1)

July 26,2013 - Request For Evidence (RFE) Notice

July 30,2013 - Evidence Returned

Aug 2,2013 - NOA2 Approved (10 Days)

Aug 28,2013 - Email Received Stating LND # (They Sent Packet 3 on August 27th)

Aug 30,2013 - Packet 3 Received and Sent (DS-230 Part I and II, DS-2001, and Cover Letter)

Sep 4th, 2013 - Medical

Sep 19, 2013 - Packet 4 Received

Sep 27,2013 - Interview - *approved*

Oct 02,2013 - Passport Packet Received (3 working days)

Oct 11th, 2013 - POE Los Angeles

Oct 21st, 2013 - SSN Received
Nov 14th, 2013 - Greencard Received

____

:star: ROC Journey :star:

____

Sep 2nd, 2015 - I751 filed

Sep 3rd, 2015 - NOA 1 (Received on Sep 8)

Sep 17th, 2015 - ASC Letter (dated Sep 12)

Oct 2nd, 2015 - Biometrics Appointment

March 2016 - Permanent Resident card received (Expires 3/26)

 

 

 

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I'd really like to be kept in the loop with this. I'll be in that exact position in a few months. Moving to San Diego CA and eventually looking for health insurance with my fiancée. Until my employment authorisation comes through, I won't have any income either but don't want to not be covered.

This was something I was actually thinking about the other day. I had thought about just taking out regular British travel insurance for a few months but I don't know if that would work even.

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I had thought about just taking out regular British travel insurance for a few months but I don't know if that would work even.

There's been a couple threads about that in the UK section:

http://www.visajourney.com/forums/topic/452372-medicaltravel-insurance-whilst-waiting-for-wedding-date-spouses-insurance/

http://www.visajourney.com/forums/topic/442056-medical-insuranceso-confused/page-3#entry6388770


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Hey everyone,

Anyone out that in the CA region who is familiar with covered CA?

Here's the deal.... I was told here that medi-cal is a means tested benefit and he cannot use this, HOWEVER, he can't use covered California (obamacare) due to the fact that we have no $$ and can't afford monthly health insurance. The site directs him to medi-cal after we input our income.

I've talked to about 50 people (senators, congressman, immigration specialists) and after a very LONG and hideously confusing journey, they have come to me and said that is OKAY for him to sign up for covered CA as a medi-cal applicant. They said this is stated in the federal register (section #28689) and the wellfare reform act 1996 section C2A and Section 403

Here's what they said:

When medi-cal is looking at immigrants, there' a huge misunderstanding because if you are applying for cash aid or food stamps the rules would be drastically different. But he isn't - he's only for the medical.

wellfare reform act 1996 section 403 - talks about a 5 year limited eligibility for aliens. says he's not eligible for anything for 5 years.

section c2a however, specifically says it does NOT apply to medi-cal. Medi-cal by itself is just a health insurance, we wouldn't be doing anything like food stamps, or cash benefits.

So, the end result is that medi-cal is OKAY to use if it's JUST for insurance and nothing else. I'll be printing these sections out and making an appointment at social services with my husband. Thoughts?

It is not okay for him to get Medi-Cal. It is a means tested benefit. It doesn't matter if it's cash or medical service.

Medi-Cal is California's form of Medicaid. Medicaid is on the list of prohibited benefits.

http://travel.state.gov/visa/immigrants/info/info_3183.html#4

Means Tested Public Benefits

Federal means tested public benefits are the following:

•Food stamps

•Supplemental Security Income (SSI)

Medicaid

•Temporary Assistance for Needy Families (TANF)

•State Child Health Insurance Program (CHIP)

FAQs: Means Tested Public Benefits

•Can the applicant use government assistance or public benefits?

•What assistance programs are not considered means tested public benefit programs?

Can the applicant use government assistance or public benefits?

If the sponsored immigrant uses federal means tested public benefits, the sponsor must repay the cost of the benefits.

What assistance programs are not considered means tested public benefit programs?

The following types of assistance are not considered means tested public benefits and do not have to be repaid.

•Emergency Medicaid

•School lunches

•Immunizations and treatment for communicable diseases

•Student assistance to attend colleges and institutions of higher learning

•Some kinds of foster care or adoption assistance

•Job training programs

•Head start

•Short-term, non-cash emergency relief

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More info.

http://www.avvo.com/legal-answers/can-a-permanent-resident-apply-for-medicaid-when-a-252191.html

By the way, the social service people will know nothing about the immigration side of things. It's not their job to know about the I-864. They don't handle immigration matters.

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More info.

http://www.avvo.com/legal-answers/can-a-permanent-resident-apply-for-medicaid-when-a-252191.html

By the way, the social service people will know nothing about the immigration side of things. It's not their job to know about the I-864. They don't handle immigration matters.

I was told this by a congress official in the visa unit. Basically, she is saying that the government lumps in the medical part of it, with medi-cal. Medi-cal is medicaid, you are correct. However, what the I864 is referring to is the cash benefit and food stamp area of medi-cal, not health insurance. The health insurance part is OK - this is said in the wellfare reform act of 1996 and the federal register. She said we might see some people call us on it, but to site these two things, as it's the rules. The only thing that would NOT be covered, would be hospitalized long term care.

I've spent LITERALLY over 30 hours on the phone, websites and talking to my congressman, state officials ect... about this issue.

If this turned out not to be true, than I really have no clue what this country is going to do. Because no one is going to be able to afford $900+ a month in insurance when they're a new immigrant. Get employment based insurance? Good luck finding a job right now. It's absurd. Not to mention that if they DON'T pay that and decide to just pay the $95 penalty fee, if they get hurt and can't pay, that goes on the tax payers shoulders.

So seriously, what are people to do????


July 19, 2013 - I-130 Filed

July 23, 2013 - Notice of Receipt (NOA1)

July 26,2013 - Request For Evidence (RFE) Notice

July 30,2013 - Evidence Returned

Aug 2,2013 - NOA2 Approved (10 Days)

Aug 28,2013 - Email Received Stating LND # (They Sent Packet 3 on August 27th)

Aug 30,2013 - Packet 3 Received and Sent (DS-230 Part I and II, DS-2001, and Cover Letter)

Sep 4th, 2013 - Medical

Sep 19, 2013 - Packet 4 Received

Sep 27,2013 - Interview - *approved*

Oct 02,2013 - Passport Packet Received (3 working days)

Oct 11th, 2013 - POE Los Angeles

Oct 21st, 2013 - SSN Received
Nov 14th, 2013 - Greencard Received

____

:star: ROC Journey :star:

____

Sep 2nd, 2015 - I751 filed

Sep 3rd, 2015 - NOA 1 (Received on Sep 8)

Sep 17th, 2015 - ASC Letter (dated Sep 12)

Oct 2nd, 2015 - Biometrics Appointment

March 2016 - Permanent Resident card received (Expires 3/26)

 

 

 

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Yeah is thought there would be. I haven't had time to look yet if I'm honest. It's in my list of things to research in the next few weeks. Specially since I'm seeing that there are topics on pretty much everything on this site.

Just reading what the person who posted wrote fiurther down... Out of interest, is it really $900 a month for a health insurance? That must be an extreeeeeme exaggeration surely?

Not that you might but if your reply starts with "since Obama brought his obamacare in it is!" Lol. I've read enough about Obama care to know roughly what it is and whether or not it's a good or bad thing. I've had to! A part from my fiancée, her whoooole family though I love them to bits are massively republican and can't be relied on for anything factual or unbiased lol. So I'm tired of talking politics and I like to deal with actual facts. And if the fact is it is around the 900 mark for decent insurance then I better redo my whoooole budget!

She is currently on her parents insurance and doesn't really know anything about getting her own (but will need to next year) and I'm thinking as Obama care is state funded, I can't get on that at least until work is found to a high salary.

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I was told this by a congress official in the visa unit. Basically, she is saying that the government lumps in the medical part of it, with medi-cal. Medi-cal is medicaid, you are correct. However, what the I864 is referring to is the cash benefit and food stamp area of medi-cal, not health insurance. The health insurance part is OK - this is said in the wellfare reform act of 1996 and the federal register. She said we might see some people call us on it, but to site these two things, as it's the rules. The only thing that would NOT be covered, would be hospitalized long term care.

I've spent LITERALLY over 30 hours on the phone, websites and talking to my congressman, state officials ect... about this issue.

If this turned out not to be true, than I really have no clue what this country is going to do. Because no one is going to be able to afford $900+ a month in insurance when they're a new immigrant. Get employment based insurance? Good luck finding a job right now. It's absurd. Not to mention that if they DON'T pay that and decide to just pay the $95 penalty fee, if they get hurt and can't pay, that goes on the tax payers shoulders.

So seriously, what are people to do????

There is no cash or food stamp associated with Medi-Cal. You are mistakenly lumping different programs together and calling it all Medi-Cal.

Medi-Cal is only for medical service. It's not food stamps. It's not cash aid.

There are two forms of Medicaid. Regular Medicaid and Emergency Medicaid. An LPR can take advantage of Emergency Medicaid but not regular Medicaid.

Edited by aaron2020

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Food Stamps and Cash Aid are all part of medi-cal. That's a known fact, everyone ever raised in CA knows that. I also know this because I'm holding the giant packet in my hand that states it "MEDI-CAL - CASH AID, FOOD STAMPS, HEALTH CARE". Also, yes, it's about $998 a month for me and my husband per month for the lowest insurance rate on Covered California (Obamacare). If yours is really low and fantastic, you're one in a million. Almost every person I talk to or have met have been cancelled from their previous plans and are having to pay extreme rates. A friend of mine in Dallas TX is having to pay the same amount I just quoted for her and her husband. JUST them. My mother was cancelled off her blue cross and was given the total of $1540 per month for her and my dad and her two sons. This whole thing would be hysterical if it wasn't so messed up. It was created for the younger people, and none of us want anything to do with it, because it's too expensive. Therefore most of them aren't signing up and are just paying the $95 penalty fee. Only 395,000 have signed up for obamacare because the website sucks. For heavens sake... amazon can traffic more than 7 mil people per second during the holiday season and obamacare website can't even hold a couple??? It's not a republican spewing non factual things, I hate both sides of the party. They're both corrupt. But for anyone to say that this whole thing is working out and ignore the millions upon millions who are losing coverage..... not to mention that by Jan 1st, more than 4.2 mil people will be without any coverage at all? w

Back to healthcare topics...

"There is no cash or food stamp associated with Medi-Cal. You are mistakenly lumping different programs together and calling it all Medi-Cal.

Medi-Cal is only for medical service. It's not food stamps. It's not cash aid."

That's the point I'm making. When asking congress officials and going over pretty much every rule ever created... THEY are the ones lumping cash aid and food stamps into the same category. Therefore "Medi-cal" is NOT just a health care... even though their website states that it is.

For example:

http://www.uscis.gov/sites/default/files/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-54070/0-0-0-54088/0-0-0-55744.html

"I. Definition of "Public Charge"


The Service is publishing a rule for notice and comment that defines "public charge" or purposes of both admission/adjustment and deportation. That rule proposes that "public charge" means an alien who has become (for deportation purposes) or who is likely to become (for admission/adjustment purposes) "primarily dependent on the government for subsistence, as demonstrated by either (i) the receipt of public cash assistance for income maintenance or (ii) institutionalization for long-term care at government expense." Institutionalization for short periods of rehabilitation does not constitute such primary dependence."

2.

http://www.dhcs.ca.gov/services/medi-cal/eligibility/Documents/99-30.pdf

This one is probably the most telling....

----------------

Anyway, these sources came directly from the DOJ, Human Services, Congressman officials, and Senator Joel Anderson

All I'm saying is, this isn't as clear cut as "Medi-cal is a means tested benefit". If it were I'd have taken my lumps and found other options.

This is a state by state issue. The obamacare mandate is overruling a lot of rules that are still in place therefore making some of them invalid. Whent he I864 states Medicaid (which is medi-cal) here in CA, it is meaning food stamps, cash aid and long term hospitalization. Those exact words came from multiple people above in higher positions than us.

Edited by TomandCatie

July 19, 2013 - I-130 Filed

July 23, 2013 - Notice of Receipt (NOA1)

July 26,2013 - Request For Evidence (RFE) Notice

July 30,2013 - Evidence Returned

Aug 2,2013 - NOA2 Approved (10 Days)

Aug 28,2013 - Email Received Stating LND # (They Sent Packet 3 on August 27th)

Aug 30,2013 - Packet 3 Received and Sent (DS-230 Part I and II, DS-2001, and Cover Letter)

Sep 4th, 2013 - Medical

Sep 19, 2013 - Packet 4 Received

Sep 27,2013 - Interview - *approved*

Oct 02,2013 - Passport Packet Received (3 working days)

Oct 11th, 2013 - POE Los Angeles

Oct 21st, 2013 - SSN Received
Nov 14th, 2013 - Greencard Received

____

:star: ROC Journey :star:

____

Sep 2nd, 2015 - I751 filed

Sep 3rd, 2015 - NOA 1 (Received on Sep 8)

Sep 17th, 2015 - ASC Letter (dated Sep 12)

Oct 2nd, 2015 - Biometrics Appointment

March 2016 - Permanent Resident card received (Expires 3/26)

 

 

 

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The giant pack that you have covers more than one program. When people who need assistance apply for one program, they usually apply for as many programs as they can qualify for.

If a poor person needs help, they don't just go for food stamps, Medicaid, or cash aid. They apply for all, so that is why different programs are in one giant packet. It is for the convenience of the people applying.

Good luck with your journey.

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From the State of California - http://www.cdss.ca.gov/cdssweb/entres/forms/English/SAWS1.pdf

COVERSHEET TO THE APPLICATION FOR CASH AID, FOOD STAMPS, AND/OR MEDI-CAL/34-COUNTY MEDICAL SERVICES PROGRAM (CMSP)

----

Notice the "OR" part. This means that these are separate programs with one application.

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I've been living in California for 38 years. When I was young, my family received Medi-Cal, food stamps, and cash aid.

Believe me when I tell you that they are separate programs.

Your assertion that everyone raised in CA knows that food stamps and cash aid is part of Medi-Cal is plain wrong.

For those of us who have actually received all 3 benefits, I know that they are separate programs for the poor.

Actual experience vs reading stuff on the internet. I'll take real life experience.

I am not here to argue with you. I am here to try to help you.

Edited by aaron2020

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Just reading what the person who posted wrote fiurther down... Out of interest, is it really $900 a month for a health insurance? That must be an extreeeeeme exaggeration surely?

It can be extremely expensive, which is why most people get their healthcare through employment.

http://en.wikipedia.org/wiki/Health_insurance_costs_in_the_United_States

http://en.wikipedia.org/wiki/Health_care_in_the_United_States

It's a very different system to the one we've become familiar with in the UK.

An article about the average cost of healthcare in California (couple of years old, but will give you an impression): http://news.ehealthinsurance.com/news/how-much-does-health-insurance-218305

And some more recent links for CA:

http://health.usnews.com/health-insurance/california

http://kff.org/other/state-indicator/individual-premiums/

http://www.mercurynews.com/politics-government/ci_24177252/obamacare-californians-will-pay-10th-highest-rates-country

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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I've been living in California for 38 years. When I was young, my family received Medi-Cal, food stamps, and cash aid.

Believe me when I tell you that they are separate programs.

Your assertion that everyone raised in CA knows that food stamps and cash aid is part of Medi-Cal is plain wrong.

For those of us who have actually received all 3 benefits, I know that they are separate programs for the poor.

Actual experience vs reading stuff on the internet. I'll take real life experience.

I am not here to argue with you. I am here to try to help you.

Did you look at the links I put?


July 19, 2013 - I-130 Filed

July 23, 2013 - Notice of Receipt (NOA1)

July 26,2013 - Request For Evidence (RFE) Notice

July 30,2013 - Evidence Returned

Aug 2,2013 - NOA2 Approved (10 Days)

Aug 28,2013 - Email Received Stating LND # (They Sent Packet 3 on August 27th)

Aug 30,2013 - Packet 3 Received and Sent (DS-230 Part I and II, DS-2001, and Cover Letter)

Sep 4th, 2013 - Medical

Sep 19, 2013 - Packet 4 Received

Sep 27,2013 - Interview - *approved*

Oct 02,2013 - Passport Packet Received (3 working days)

Oct 11th, 2013 - POE Los Angeles

Oct 21st, 2013 - SSN Received
Nov 14th, 2013 - Greencard Received

____

:star: ROC Journey :star:

____

Sep 2nd, 2015 - I751 filed

Sep 3rd, 2015 - NOA 1 (Received on Sep 8)

Sep 17th, 2015 - ASC Letter (dated Sep 12)

Oct 2nd, 2015 - Biometrics Appointment

March 2016 - Permanent Resident card received (Expires 3/26)

 

 

 

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