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benkat9596

Health insurance

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Hey guys,

Curious if anyone is a tax/legal buff or even well versed on this topic (health insurance).

I moved to the States on June 23rd on a K1 visa. My spouse is still under 26 and thus insured via her mother, however I could not be included on this plan. So I got individual coverage effective as of October 1st. So I spent 8 days of June, July, August & September uninsured. We're both students and my health premium has just doubled so we cancelled my current health insurance, but I've landed a job starting in February that will offer health insurance so my question is, will I be fined for not having health insurance for the 8 days in June & All of July, aug & sept? & if I go uninsured in January will that be considered an additional month to be fined for or is it not an issue due to the fact I was insured in October, November & December so it is not consecutive?

Thanks all sorry for the long question!

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I'm confused as to what you mean by 8 days, because you've mentioned quite a few months, which of course total to more than 8 single days. :P

I would say it's hard to say actually. When did you officially become a resident (green card wise) to start working? You are going to have to answer questions about coverage come tax time. You could call the federal exchange and see if someone on the phone could answer this question, or perhaps a tax professional, and if you really want to be brave you could call the IRS and see if they would answer the question. But I suspect you don't want to jump down that rabbit hole (who would really?). If there is any fine for coverage I don't believe it would be for the entire amount (600+ and rising soon). There are some gap and grace periods, and when it comes to immigration these questions get very murky indeed. Did at any time your insurance send you a notice that you are to keep for tax purposes (showing you had coverage)? At any rate even if you do end up being charged a small penalty, at least you will soon be having coverage via the employer. :thumbs:


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This page should answer your question: https://turbotax.intuit.com/tax-tools/tax-tips/Health-Care/Understand-and-Avoid-Health-Care-Reform-Tax-Penalties/INF26340.html

  • Short coverage gaps – if your coverage lapses for less than three consecutive months, you will not be charged a fee for the uninsured time.

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11/01/16....NOA2 Text and Email

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11/28/16....Left NVC to Consulate/Embassy

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12/27/16....Medical

01/03/17....Interview

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04/21/17...Received biometrics letters for wife and daughter in the mail

04/24/17...Received RFIE letter in the mail (they need I-864 even though I sent them the right form)

04/25/17...Sent RFIE via USPS Express mail 

04/26/17...RFIE package delivered and signed for.

04/28/17...Received notification via text that USCIS received our RFIE and that the case was updated again.

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06/05/17...Received hard copies of RFE (they want to know whether to send documents to preparer's address or mailing address, which are the same...grrr) 

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06/14/17...New EAD status: New Card is Being Produced

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06/19/17....Received hard copies of EAD/AP approvals

06/22/17....Received EAD/AP combo card.

11/06/17....AOS Interview scheduled: APPROVED!!

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Filing taxes in 2017, only 2016 counts, January 2017 will only matter when you file your taxes in 2018.


Entry on VWP to visit then-boyfriend 06/13/2011

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Interview letter 03/18/2015

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Filing taxes in 2017, only 2016 counts, January 2017 will only matter when you file your taxes in 2018.

But if like us they are planning on filing "married filing jointly" he will be treated as a resident for the whole tax year of 2016. We are in an identical situation and I've been wondering the exact same thing....


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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I'm confused as to what you mean by 8 days, because you've mentioned quite a few months, which of course total to more than 8 single days. :P

I would say it's hard to say actually. When did you officially become a resident (green card wise) to start working? You are going to have to answer questions about coverage come tax time. You could call the federal exchange and see if someone on the phone could answer this question, or perhaps a tax professional, and if you really want to be brave you could call the IRS and see if they would answer the question. But I suspect you don't want to jump down that rabbit hole (who would really?). If there is any fine for coverage I don't believe it would be for the entire amount (600+ and rising soon). There are some gap and grace periods, and when it comes to immigration these questions get very murky indeed. Did at any time your insurance send you a notice that you are to keep for tax purposes (showing you had coverage)? At any rate even if you do end up being charged a small penalty, at least you will soon be having coverage via the employer. :thumbs:

Sorry, I don't think I explained correctly about the 8 days, in June I arrived later in the month and so was technically uninsured for 8 days in June and the full months of July, August, September. And after reading the tax penalties it says 'if one exceeds 3 months of being uninsured', which I did technically by the 8 days of June. Currently not a green card holder, currently have my EAD/AP after filing AOS! Haha, I think we'll wait it out, but it is for sure really confusing and definitely quite murky regarding what applies to who etc. And yeah, can't wait to finally get coverage through employer will stop a lot of headaches!

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But if like us they are planning on filing "married filing jointly" he will be treated as a resident for the whole tax year of 2016. We are in an identical situation and I've been wondering the exact same thing....

There is a form one can fill out about having lived abroad for part of the year so you don't have to prove insurance coverage for the time you lived abroad even if you are being treated as a resident for tax purposes.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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So to add to the confusion my wife just returned from Christmas shopping and I spoke to her about it, but as her mother technically claims her as a dependent for this tax year (as we got married in August) and my income was $0 this year, her mother will be filing her as a dependent. So I suppose I won't even be filing for 2016? Confusing! Ironic as I had just become completely proficient and happy with filing taxes in the UK before I met my wife! Haha!

Edited by benkat9596

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Low income or no income or unemployment can exempt you from being required having insurance. So you should be fine. I was only covered by insurance for Jan and Feb last year, I was also only employed for a week or two in May, I wasn't given the fine for not having insurance from March to December because I only made a couple of hundred bucks and was unemployed the rest of the year.


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04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
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06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
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ROC 

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So to add to the confusion my wife just returned from Christmas shopping and I spoke to her about it, but as her mother technically claims her as a dependent for this tax year (as we got married in August) and my income was $0 this year, her mother will be filing her as a dependent. So I suppose I won't even be filing for 2016? Confusing! Ironic as I had just become completely proficient and happy with filing taxes in the UK before I met my wife! Haha!

Just because her mother is claiming her as a dependent doesn't necessarily mean that your wife doesn't have to file taxes. If her income is above the filing threshold, she still has to file, in which case in may very well be beneficial to file Married Filing Jointly.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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There is a form one can fill out about having lived abroad for part of the year so you don't have to prove insurance coverage for the time you lived abroad even if you are being treated as a resident for tax purposes.

Thank you so much for this info :) very helpful I'll look that up.


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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