Affordable Healthcare for LPR and effect of sponsor income

[Tdub 0]

Hello,

I have a question regarding eligibility for a subsidy for a legal permanent resident. I am a US citizen and my wife has a green card. She arrived on a k1 visa and myself and my dad were her sponsors. I am unemployed at the moment and my dad makes more than 400% of the poverty income. The income of my wife and I were only 30,000 this year so we wanted to know if she could receive a subsidy on healthcare.gov. We file our taxes together and I went through the site and we would receive a subsidy. Neither of us are considered dependents of my dad (who is her sponsor, signed the affidavit of support I-864. Will she be affected by MY DAD"S INCOME (not eligible for any healthcare subsidy on the site) or can we apply at healthcare.gov based on what is on our jointly-filed income tax return?

Thanks

[Boiler 43,857]

Your Dads income does not count.

[Ricdan 9]

Your dad's income will never be considered for anything that your wife applies for. Basically, by signing the I-864 your dad promised the federal government that if your wife ever becomes a public charge he will pick up the tab for her; that's it, nothing more. Just as a side note in case anyone else is applying for healthcare under ACA, as a LPR you are entitled to every benefit the law has to offer as long as your income is 400% below the federal poverty level. The only exception is for those who have had their green card for less than 5 years. These individuals do not qualify for Medicaid but do qualify for the subsidies. So if you need health insurance go to healthcare.gov and apply.

[Tdub 0]

Thank you!