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jaimelee

Marketplace Healthcare Coverage for US Citizen Spouse while in AOS

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Filed: AOS (pnd) Country: Chile
Timeline

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.


(10.04.2014) AOS Package Sent

(10.08.2014) NOA-1 e-mail & text messages received
(10.14.2014) NOA-1 hard copy received in mail

(10.20.2014) Biometrics appointment notice received in mail

(10.29.2014) RFE received

(10.30.2014) Biometrics appointment

(11.03.2014) USCIS Local Office appointment

(11.13.2014) Sent RFE response

(12.19.2014) EAD/AP Approved, card being produced

(12.24.2014) EAD/AP Official approval notice received in mail

(12.29.2014) EAD/AP sent to address

(12.30.2014) EAD/AP received in the mail

(01.20.2015) Potential interview waiver notice received

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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/

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Filed: K-1 Visa Country: Wales
Timeline

You can get Obamacare once you have filed to adjust.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.


Our Immigration Journey Originated with:

K-1 Visa -  Date of arrival to US  Aug 30, 2014

                  Married September 26, 2014

AOS:

Oct 6, 2014 Sent in I-485, I-131, I-765

Dec 27th, 2014 Received EAD/AP card in mail

Jan 15th, 2015 Notice of Potential Interview Waiver received.

Sept 3rd, 2015 Inquiry requested and placed by USCIS as to status of Green Card/ AOS

Sept 8th, 2015 Notification on USCIS website that "response has been sent" regarding inquiry and inquiry is now closed.

No changes elsewhere on website information. Form letter stating we should hear something within 210 days.

Sept 8th, 2015 Sent in Renewal EAD application.

Sept 19th, 2015 Website update: New Card is Being Produced! !!!

SEPT 24th, 2015 GREEN CARD RECEIVED !! 

 

ROC:

July 3rd, 2017   Mailed original application and documents.

July 6th, 2017   NOA

July 31st, 2017  Biometrics appointment.   (Received letter of appt on 7-21-17)

Oct 10, 2018    Approval of ROC  :) via online USCIS site.  

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Filed: AOS (pnd) Country: Chile
Timeline

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.


(10.04.2014) AOS Package Sent

(10.08.2014) NOA-1 e-mail & text messages received
(10.14.2014) NOA-1 hard copy received in mail

(10.20.2014) Biometrics appointment notice received in mail

(10.29.2014) RFE received

(10.30.2014) Biometrics appointment

(11.03.2014) USCIS Local Office appointment

(11.13.2014) Sent RFE response

(12.19.2014) EAD/AP Approved, card being produced

(12.24.2014) EAD/AP Official approval notice received in mail

(12.29.2014) EAD/AP sent to address

(12.30.2014) EAD/AP received in the mail

(01.20.2015) Potential interview waiver notice received

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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/


K-1 - AOS & ROC Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo) 8/13/18 (18 mo)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 - Error will need to file I90 >_<

 

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Filed: AOS (pnd) Country: Chile
Timeline

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/


(10.04.2014) AOS Package Sent

(10.08.2014) NOA-1 e-mail & text messages received
(10.14.2014) NOA-1 hard copy received in mail

(10.20.2014) Biometrics appointment notice received in mail

(10.29.2014) RFE received

(10.30.2014) Biometrics appointment

(11.03.2014) USCIS Local Office appointment

(11.13.2014) Sent RFE response

(12.19.2014) EAD/AP Approved, card being produced

(12.24.2014) EAD/AP Official approval notice received in mail

(12.29.2014) EAD/AP sent to address

(12.30.2014) EAD/AP received in the mail

(01.20.2015) Potential interview waiver notice received

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Filed: Citizen (apr) Country: Canada
Timeline

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


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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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.


Our Immigration Journey Originated with:

K-1 Visa -  Date of arrival to US  Aug 30, 2014

                  Married September 26, 2014

AOS:

Oct 6, 2014 Sent in I-485, I-131, I-765

Dec 27th, 2014 Received EAD/AP card in mail

Jan 15th, 2015 Notice of Potential Interview Waiver received.

Sept 3rd, 2015 Inquiry requested and placed by USCIS as to status of Green Card/ AOS

Sept 8th, 2015 Notification on USCIS website that "response has been sent" regarding inquiry and inquiry is now closed.

No changes elsewhere on website information. Form letter stating we should hear something within 210 days.

Sept 8th, 2015 Sent in Renewal EAD application.

Sept 19th, 2015 Website update: New Card is Being Produced! !!!

SEPT 24th, 2015 GREEN CARD RECEIVED !! 

 

ROC:

July 3rd, 2017   Mailed original application and documents.

July 6th, 2017   NOA

July 31st, 2017  Biometrics appointment.   (Received letter of appt on 7-21-17)

Oct 10, 2018    Approval of ROC  :) via online USCIS site.  

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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.


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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Filed: AOS (apr) Country: Australia
Timeline

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.


5/2/14 - Marriage to USC (Australian citizen on E-3 visa)

6/20/14 (Day 0): AOS package received at Chicago Lockbox
6/24/14 (Day 4): Text notification of receipt (I-130, I-131 and I-765 "Initial Review", I-485 "Accepted")
6/30/14 (Day 10): Received NOAs and biometrics notice for 7/24
7/7/14 (Day 17): Walk-in biometrics at Pittsburgh ASC
7/30/14 (Day 40): Email update: I-485 has moved to "Testing and Interview" stage

8/20/13 (Day 61): Text notification: I-131 and I-765 approved, "Card Production" status

8/28/14 (Day 69): Text notification: EAD/AP card mailed

8/29/14 (Day 70): EAD/AP card received

9/10/14 (Day 82): Text msg of case update - interview date notice mailed

10/16/14 (Day 118): Interview - approved. Text update of "card production" status
10/20/14 (Day 122): Received welcome letter

10/23/14 (Day 125): Received green card

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