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Wingnutfish

Healthcare: ACA subsidies and I-864 obligations

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Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline

Hi all,

My wife is now a new LPR (green card holder), and I've been researching for hours on how to get healthcare.

I understand the LPRs are considered eligible for tax subsidies via the Marketplace, but that doesn't completely erase my doubts about sponsor obligations under the I-864 Affidavit of Support. Does someone have ACTUAL CONFIRMATION that sponsors and co-sponsors cannot be asked to pay back ACA premium tax subsidies or cost-sharing benefits given to the immigrant? Could even reporting her income as below the poverty level be used as evidence of a violation of the sponsors' I-864 agreement to sustain her?

Any help would be great. Even if you don't have proof, I'd be interested in hearing what the current consensus is on this issue here on the forums.


Removal of Conditions:

2016-09-27: I-751 removal of conditions petition sent (with fee waiver request)

2016-09-30: I-751 petition delivered to California Service Center

2016-11-01: Informed in USCIS customer service call that they had no record of receiving our petition, but that it might still be languishing somewhere in fee waiver limbo

2016-11-01: Filed I-751 again, this time with payment check instead of fee waiver request (sent Priority Express)

2016-11-03: Date on I-797 Notice of Action (received 11/7)

2016-11-09: USCIS mailed out denial of our original fee waiver request, with denial letter dated 2016-11-02

2016-11-19: Biometrics appointment notice issued, for 2016-12-07 appointment

2016-11-26: Second biometrics appointment notice issue, for 2016-12-16 appointment (see this thread)

2016-12-07: Biometrics appointment. Allowed to complete biometrics despite mix-up on their end (again see this thread), but some people had to come back for second appointment date.

2018-05-01: Notice that our case was transferred to National Benefits Center in Lee's Summit, MO

2018-06-11: Approved after N-400 interview in Portland, OR (they seemed to be waiting for that before bothering with it)

 

Citizenship:

2017-12-11: N-400 Application for Naturalization submitted online while still waiting to hear back on I-751, received same day

2017-12-15: Biometrics notice

2018-01-04: Biometrics completed, on appointment date (Portland, OR)

2018-02-28: Interview scheduled for April 12 in Portland, OR

2018-03-01 (approximate): We sent in a letter requesting that the interview be rescheduled to after June 8, due to combination of work and family travel plans

2018-03-07: Notice that our April 12 interviewed had been "canceled" (pending rescheduling, but the letter didn't actually say that; officer at InfoPass later explained that interviews aren't scheduled until five or six weeks before the interview date, so they were waiting until closer to our requested rescheduling window)

2018-05-03: New interview scheduled for June 11.

2018-06-11: Citizenship interview - approved!

 

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Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline

No one?


Removal of Conditions:

2016-09-27: I-751 removal of conditions petition sent (with fee waiver request)

2016-09-30: I-751 petition delivered to California Service Center

2016-11-01: Informed in USCIS customer service call that they had no record of receiving our petition, but that it might still be languishing somewhere in fee waiver limbo

2016-11-01: Filed I-751 again, this time with payment check instead of fee waiver request (sent Priority Express)

2016-11-03: Date on I-797 Notice of Action (received 11/7)

2016-11-09: USCIS mailed out denial of our original fee waiver request, with denial letter dated 2016-11-02

2016-11-19: Biometrics appointment notice issued, for 2016-12-07 appointment

2016-11-26: Second biometrics appointment notice issue, for 2016-12-16 appointment (see this thread)

2016-12-07: Biometrics appointment. Allowed to complete biometrics despite mix-up on their end (again see this thread), but some people had to come back for second appointment date.

2018-05-01: Notice that our case was transferred to National Benefits Center in Lee's Summit, MO

2018-06-11: Approved after N-400 interview in Portland, OR (they seemed to be waiting for that before bothering with it)

 

Citizenship:

2017-12-11: N-400 Application for Naturalization submitted online while still waiting to hear back on I-751, received same day

2017-12-15: Biometrics notice

2018-01-04: Biometrics completed, on appointment date (Portland, OR)

2018-02-28: Interview scheduled for April 12 in Portland, OR

2018-03-01 (approximate): We sent in a letter requesting that the interview be rescheduled to after June 8, due to combination of work and family travel plans

2018-03-07: Notice that our April 12 interviewed had been "canceled" (pending rescheduling, but the letter didn't actually say that; officer at InfoPass later explained that interviews aren't scheduled until five or six weeks before the interview date, so they were waiting until closer to our requested rescheduling window)

2018-05-03: New interview scheduled for June 11.

2018-06-11: Citizenship interview - approved!

 

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Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline

I read a thread from about a year ago, but it didn't completely resolve the issue I'm concerned about. I was wondering if any new information has come out since then, or if a consensus has otherwise emerged.


Removal of Conditions:

2016-09-27: I-751 removal of conditions petition sent (with fee waiver request)

2016-09-30: I-751 petition delivered to California Service Center

2016-11-01: Informed in USCIS customer service call that they had no record of receiving our petition, but that it might still be languishing somewhere in fee waiver limbo

2016-11-01: Filed I-751 again, this time with payment check instead of fee waiver request (sent Priority Express)

2016-11-03: Date on I-797 Notice of Action (received 11/7)

2016-11-09: USCIS mailed out denial of our original fee waiver request, with denial letter dated 2016-11-02

2016-11-19: Biometrics appointment notice issued, for 2016-12-07 appointment

2016-11-26: Second biometrics appointment notice issue, for 2016-12-16 appointment (see this thread)

2016-12-07: Biometrics appointment. Allowed to complete biometrics despite mix-up on their end (again see this thread), but some people had to come back for second appointment date.

2018-05-01: Notice that our case was transferred to National Benefits Center in Lee's Summit, MO

2018-06-11: Approved after N-400 interview in Portland, OR (they seemed to be waiting for that before bothering with it)

 

Citizenship:

2017-12-11: N-400 Application for Naturalization submitted online while still waiting to hear back on I-751, received same day

2017-12-15: Biometrics notice

2018-01-04: Biometrics completed, on appointment date (Portland, OR)

2018-02-28: Interview scheduled for April 12 in Portland, OR

2018-03-01 (approximate): We sent in a letter requesting that the interview be rescheduled to after June 8, due to combination of work and family travel plans

2018-03-07: Notice that our April 12 interviewed had been "canceled" (pending rescheduling, but the letter didn't actually say that; officer at InfoPass later explained that interviews aren't scheduled until five or six weeks before the interview date, so they were waiting until closer to our requested rescheduling window)

2018-05-03: New interview scheduled for June 11.

2018-06-11: Citizenship interview - approved!

 

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Filed: IR-5 Timeline

See here: http://www.ncgetcovered.org/wp-content/uploads/2015/01/Immigrant-Access-to-Health-Care-Slightly-Shorter-Version-January-2015.pptx.pdf

New immigrants have no access to medicare, but they have full access to ACA subsidies. They also can file taxes as separate household, although I'm not sure yet if it's necessary to maintain separate residence for that. I'm also not sure if the 125% FPL threshold in i-864 means that they need to declare at least that amount of income.

Note: there is no “Sponsor Deeming” when calculating an immigrant’s income eligibility for subsidies under the ACA!

There's a lot of misinformation out there. ACA is huge and complicated. But it's been 2 years and there is some information out there.

I've been banned for trying to post this on ***removed*** forum with a lot of ***removed*** contextual advertisement, btw.

Edited by LeoRoughgarden

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