AOS June 2016 Filers

[Ischnura 285]

Huzzah on your card

Yes, the card arrived yesterday and now it is in the post again to where my wife and are currently staying on the West Coast! It doesn't look like I'll need to go on the international trip next week which is handy. My EAD photograph is terrible as it was taken at the ASC during my biometrics. I'm at an angle because the camera was set up in a right angle of a corner which was difficult to face into. The biometrics technician didn't seem concerned that I was barely facing the camera but I made her retake just to try to get me actually facing the camera more.

Good luck with the SSN I managed to get mine sorted the day after landing in the US on a K1 (less than 24 hours after POE at the airport, in fact). The card arrived within a few days, and then I went in a few days later to change my surname to my married surname. It was so painless and the person at my local SSA Office knew exactly what they were doing. Hopefully the experience is extra easy for you too!

Simon

You give me hope. I can't get to the SS office until Friday (it's an hour away and my husband has to give work notice) or maybe Monday. Hopefully it'll only take a few days to receive a card here too and then I can keep my health insurance. It feels like a pickle but maybe it might not be after all.

Haha they let you look at the photo they took? Sounds like you had fun at biometrics. I spent a good few minutes getting my prints done. They did every finger and some a couple of times.

Hope you're all having a positive day! I'm going to go sew up some more baby blankets.

[pinbak 23]

For those that have done SRs how long did USCIS took to respond? If responded at all yet

I did a SR on 08/24 which got a response on 08/26 that it was assigned, later in the day, I got an update it was completed online under the case for the EAD...I got an email stating the case is under review(not sure what that is) and I would get a response or notice of action shortly(I take this to mean within hours or at least 24-48) as of today 08/31 nothing has been done, no approval, no notice of action, no other response. All other cases around mine have been approved or under review for RFE or RFIE so I'd say it's a guessing game how these are processed or what they do.

I saw someone get close to their 90 days, did a SR for EAD, no response then a few days later get their GC instead of their EAD...good luck!!

[simonschus 58]

For those that have done SRs how long did USCIS took to respond? If responded at all yet

5 days for me.

Edited August 31, 2016 by simonschus

[pinbak 23]

Car arrived just now Photo looks meh but it'll do. Now to find the nearest SS office. Simon any luck on your card yet?

Congrats!!

[simonschus 58]

You give me hope. I can't get to the SS office until Friday (it's an hour away and my husband has to give work notice) or maybe Monday. Hopefully it'll only take a few days to receive a card here too and then I can keep my health insurance. It feels like a pickle but maybe it might not be after all.

Haha they let you look at the photo they took? Sounds like you had fun at biometrics. I spent a good few minutes getting my prints done. They did every finger and some a couple of times.

Hope you're all having a positive day! I'm going to go sew up some more baby blankets.

I didn't realise that the SSN was required for the coverage! Is that just specific health providers or is that everybody? I have my SSN when I applied for healthcare so I didn't know the difference. As an aside, I used my I-765 NOA to open a 'special enrolment period' when I got Healthcare through the Government Healthcare Marketplace (I decided to use that route given I only wanted healthcare for two months before my wife started her new job; her old job gives healthcare but they'd charge us the 'family rate' which is for a family of 4, even though there are only two of us. We didn't want to have an argument with them so just organised our own). I'm going to get hit with the ACA penalty anyway because 3 months went by which is annoying - I was so busy with everything else and my own existing insurance in the UK confirmed that they were covering me (but they aren't ACA-compliant so hence I'll get hit with the fee!).

As for the ASC letting me see the photograph, they didn't actively show me the photograph but it was on the computer screen next to the camera so I saw it by chance. I'm unsure how others' experiences are similar/dissimilar to mine.

As for the SSN, you might want to take a look at Form SS-5: Application for a Social Security Number in advance, it is the application form you need to take to the SSA Office to get an SSN. They'll have copies there but I filled mine in in advance so I could just hand it over straight away and save time (no idea if it did save time or not). Notably, this is also the form I filled in for my name change too but I have no idea if that is process or not.

[chrisete 55]

I didn't realise that the SSN was required for the coverage! Is that just specific health providers or is that everybody? I have my SSN when I applied for healthcare so I didn't know the difference. As an aside, I used my I-765 NOA to open a 'special enrolment period' when I got Healthcare through the Government Healthcare Marketplace (I decided to use that route given I only wanted healthcare for two months before my wife started her new job; her old job gives healthcare but they'd charge us the 'family rate' which is for a family of 4, even though there are only two of us. We didn't want to have an argument with them so just organised our own). I'm going to get hit with the ACA penalty anyway because 3 months went by which is annoying - I was so busy with everything else and my own existing insurance in the UK confirmed that they were covering me (but they aren't ACA-compliant so hence I'll get hit with the fee!).

As for the ASC letting me see the photograph, they didn't actively show me the photograph but it was on the computer screen next to the camera so I saw it by chance. I'm unsure how others' experiences are similar/dissimilar to mine.

As for the SSN, you might want to take a look at Form SS-5: Application for a Social Security Number in advance, it is the application form you need to take to the SSA Office to get an SSN. They'll have copies there but I filled mine in in advance so I could just hand it over straight away and save time (no idea if it did save time or not). Notably, this is also the form I filled in for my name change too but I have no idea if that is process or not.

Yikes...I thought I had to wait to apply for health insurance. My husband is self-employed so it will be through the open market. Does anyone know how to apply, where to apply and when I should...concerned now.

I feel like everyday I get blindsided by something new and will have to give up my claim to be a great researcher off my resume....<insert face palm here>

[Ischnura 285]

Hi Chrisete, go to www.healthcare.gov and put in your zip code. It'll direct you to your state website and you can go through there. I'd advise to ring them though. I could only get on our insurance without an SSN through calling as the online application for Washington didn't recognise my details without it but a rep sorted it on their end.

I wasn't aware the I-765 was grounds for the special enrollment periods but I'm going to call up and find out.

[simonschus 58]

Yikes...I thought I had to wait to apply for health insurance. My husband is self-employed so it will be through the open market. Does anyone know how to apply, where to apply and when I should...concerned now.

I feel like everyday I get blindsided by something new and will have to give up my claim to be a great researcher off my resume....<insert face palm here>

Obviously, if I'm incorrect then do let me know but I did a fair bit of research on this beforehand. Some of this might differ in particular states but this is my experience. Don't worry at all about it as these things happen - it kinda of blindsided me at one point which I'll highlight in the text

There are a few posts on VisaJourney giving advice on the requirement for healthcare during adjustment, e.g. here. I think you can apply through the Government's Healthcare Marketplace (where all the insurance is ACA-complaint) as well as with some insurers directly (assuming that it is ACA-compliant otherwise it won't help you avoid the ACA penalty I mention below)

I used that Healthcare Marketplace by going to healthcare.gov. I think I began by clicking 'See if I am eligible to enroll'. It took a while to get my head around how it all worked (about 30 minutes) as I was required to upload a few documents. It might be useful to call them though if you want guidance.

As the normal enrollment period for 2016 has closed, I had to make it clear that I was eligible for a special enrollment period due to have a major life change. As 60 days had expired since I got married and filed my I-485, I couldn't use those - this blindsided me a little as I didn't know or expect that at all. I thought I could just log on and be good!. Instead, I waited until I got my EAD as that qualifies too. Annoyingly, I applied for the special enrollment period on the Government's Healthcare Marketplace after the 14th of the month therefore the healthcare website told me that the healthcare won't even begin until the start of the month after next (i.e. if applied on 20th August, it won't start until 1st October, etc). The annoying thing is that I'll be hit with the ACA penalty (detailed here, here and here) because I went over the 'less than three months without healthcare in a tax year' rule since filing for adjustment. Per IRS guidelines, filing adjustment of status is considered to be an action that means I'm considered resident for US tax purposes and therefore eligible for the ACA penalties if required.

I hope that gave some hints - obviously, there a other posts elsewhere on VisaJourney where this sort of stuff should be discussed (and where there is much better detail than I provided). I thought I"d write a response though just to ensure that I didn't just say something which worried you and then didn't follow-up. I wouldn't worry too much about it all though... it'll become clearer and I'm sure I'll get blindsided by something else

Edited August 31, 2016 by simonschus

[simonschus 58]

Hi Chrisete, go to www.healthcare.gov and put in your zip code. It'll direct you to your state website and you can go through there. I'd advise to ring them though. I could only get on our insurance without an SSN through calling as the online application for Washington didn't recognise my details without it but a rep sorted it on their end.

I wasn't aware the I-765 was grounds for the special enrollment periods but I'm going to call up and find out.

When I was applying, I phoned up the Government Healthcare Marketplace call centre and they told me that the EAD was considered to be an eligible 'change in immigration status' (I thought it was odd too but trusted then and went with it!)

The Government Healthcare Marketplace website accepted it all though I've not uploaded a copy of the EAD card, nor have I been asked for one. Instead, the online form asked me to provide the card number (which turns out is the MSC* number) and I think the start date of the card. I guess that the card was considered eligible because it was issued within the last 60 days. Until I had entered the card details, I was unable to open special enrollment because my marriage and the I-485 filing was more than 60 days ago.

Let us know what they say as I wouldn't want to leave something on here which is inaccurate!

Simon

Edited August 31, 2016 by simonschus

[Kenia~N~Jeury 20]

I did a SR on 08/24 which got a response on 08/26 that it was assigned, later in the day, I got an update it was completed online under the case for the EAD...I got an email stating the case is under review(not sure what that is) and I would get a response or notice of action shortly(I take this to mean within hours or at least 24-48) as of today 08/31 nothing has been done, no approval, no notice of action, no other response. All other cases around mine have been approved or under review for RFE or RFIE so I'd say it's a guessing game how these are processed or what they do.

I saw someone get close to their 90 days, did a SR for EAD, no response then a few days later get their GC instead of their EAD...good luck!!

Awesome. Thank you for your response. We called earlier and the rep said that at 75 days we can do an SR to go ahead and do it online. So we did. Got an email saying to expect a response by September 22 ?. I thought that was long time for a response. I hope to hear without an SR a response from them before that. I am guessing it is standard wording for emails.

[Ischnura 285]

As the normal enrollment period for 2016 has closed, I had to make it clear that I was eligible for a special enrollment period due to have a major life change. As 60 days had expired since I got married and filed my I-485, I couldn't use those - this blindsided me a little as I didn't know or expect that at all. I thought I could just log on and be good!. Instead, I waited until I got my EAD as that qualifies too. Annoyingly, I applied for the special enrollment period on the Government's Healthcare Marketplace after the 14th of the month therefore the healthcare website told me that the healthcare won't even begin until the start of the month after next (i.e. if applied on 20th August, it won't start until 1st October, etc). The annoying thing is that I'll be hit with the ACA penalty (detailed here, here and here) because I went over the 'less than three months without healthcare in a tax year' rule since filing for adjustment. Per IRS guidelines, filing adjustment of status is considered to be an action that means I'm considered resident for US tax purposes and therefore eligible for the ACA penalties if required.

When I initially called up - Wahealthplanfinder.org was glitching - they told me that AOS doesn't count until it's approved which is why we haven't used it. We were also told by H&R block that until you have your GC you can't incur the penalty for not having insurance. I'm on hold right now but I'll definitely inquire again. Maybe a different rep has different information. There's definitely mixed information floating about.

[simonschus 58]

When I initially called up - Wahealthplanfinder.org was glitching - they told me that AOS doesn't count until it's approved which is why we haven't used it. We were also told by H&R block that until you have your GC you can't incur the penalty for not having insurance. I'm on hold right now but I'll definitely inquire again. Maybe a different rep has different information. There's definitely mixed information floating about.

That's interesting, so yes do let us know what they say. Some of this might vary on a state-by-state basis as I know that somebody in WA can't apply for coverage on the Government Healthcare Marketplace (i.e. healthcare.gov) but on the website you suggested, i.e. https://www.wahealthplanfinder.org/ (you find out if your state is eligible to use the Government Healthcare Marketplace by typing in your zip code in the screener on their website, and they should provide you guidance on provisions for your state if not)

Even on the website you posted, however, it states that "You may also be eligible if you are applying for any of these statuses: Adjustment to LPR status" [on the page here]. I know that it says *may*, however, I think that the IRS make it clear that adjustment is considered eligible for the healthcare penalty (unless of course, you get an exemption but I don't know anything about that). Annoyingly, the WA website doesn't include much about the penalty in anywhere obvious but it is there if you search for it [here, here]. If healthcare is required in WA to avoid the penalty, then the level of detail is atrocious on the WA website though given the complexity! They only offer like 3 lines on it!!

Let us know what they say for WA

Edited August 31, 2016 by simonschus

[Ischnura 285]

That's interesting, so yes do let us know what they say. Some of this might vary on a state-by-state basis as I know one can't apply for coverage on the Government Healthcare Marketplace (i.e. healthcare.gov) but on the website you suggested, i.e. https://www.wahealthplanfinder.org/

Even on the website you posted, however, it states that "You may also be eligible if you are applying for any of these statuses: Adjustment to LPR status" [on the page here]. I know that it says *may*, however, I think that the IRS make it clear that adjustment is considered eligible for the healthcare penalty (unless of course, you get an exemption but I don't know anything about that). Annoyingly, the WA website doesn't include much about the penalty in anywhere obvious but it is there if you search for it [here, here]. If healthcare is required in WA to avoid the penalty, then the level of detail is atrocious on the WA website though given the complexity! They only offer like 3 lines on it!!

The woman on the phone sounded like she was high I could barely catch what she was saying, all the words were merging together at times. But anyhoo, she said that the EAD card would satisfy the incarceration status, the legal residency status and simply the social security application would be enough to satisfy the rest. Plus a self attested letter, signed and dated, to cover the 'are you currently insured by' issues. She wouldn't say if the EAD qualified to grant a special enrollment period but I did read http://www.visajourney.com/forums/topic/606921-is-aos-a-qualifying-life-event-for-insurance/page-2 that others have done it. I also read that Nevada doesn't close enrollment and you can get insurance year round.

You know, I'm not sure on the WA requirements and penalty. We just assumed we'd incur it if we weren't insured. I'll be back, I'm curious now.

[Ischnura 285]

Yup, you do have to even up here. From what I read it looks like it doesn't matter where you're from only things like income, incarceration, being here illegally and being covered privately get you out of the penalty for not using the market. Oh how I miss the NHS sometimes.

[simonschus 58]

Yup, you do have to even up here. From what I read it looks like it doesn't matter where you're from only things like income, incarceration, being here illegally and being covered privately get you out of the penalty for not using the market. Oh how I miss the NHS sometimes.

That is exactly how I read it too. Despite being confident though I'm not an expert and so I didn't want to lead anybody down a rabbit hole. Hopefully, I've not taken things too off topic.

As an aside to anybody reading this later on, there is a whole forum on VisaJourney dedicated to questions about the intricacies about the penalty and other tax issues. Tax & Finances During US Immigration. I imagine that most of this discussion isn't relevant to many people adjusting on a K1 because they'll get coverage through their spouse anyway. That option wasn't a good idea for my wife and I because her employer quadrupled the cost to add me onto her plan. It seemed silly given she was leaving work within the month anyway, and her new employer would cover us when she starts there... so we went and looked on the marketplace. There was no rush apart from the try to avoid/minimise the penalty because I was covered under a UK insurer when in the US (they confirmed this in advance but that they're not ACA-compliant).

Like lschnaura mentioned earlier, I hope we have some positive news on adjustment case progress, I765 or I-132. In annoying news, I lost my credit card today and had to phone up the bank to send it. Just before a trip to LA haha.