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My Wife entered the u.s 11-25-2016, on a k1 visa, we married 12-07-2016...our AOS package has been sent on the 12-23-2016, and she does have a S.S. number now. My question is...Does anyone know if we will be hit with the Obamacare penalty when we file our 2016 taxes? I could add her to my job healthcare where I have my health insurance, but then I have to pay 190.00 a week If I go that route...if we choose not to have insurance on her till she gets a job in the near future, would we be penalized when we do our 2016 taxes?

A healthcare person I spoke to also said that since she isn't a citizen, she isn't subject to Obamacare penalty's..... is that true?

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My Wife entered the u.s 11-25-2016, on a k1 visa, we married 12-07-2016...our AOS package has been sent on the 12-23-2016, and she does have a S.S. number now. My question is...Does anyone know if we will be hit with the Obamacare penalty when we file our 2016 taxes? I could add her to my job healthcare where I have my health insurance, but then I have to pay 190.00 a week If I go that route...if we choose not to have insurance on her till she gets a job in the near future, would we be penalized when we do our 2016 taxes?

A healthcare person I spoke to also said that since she isn't a citizen, she isn't subject to Obamacare penalty's..... is that true?

Health insurance is required for all citizens and immigrants or they must pay a penalty. You can find information regarding Obamacare and immigrants on the federal exchange website. Your wife is more than eligible to obtain healthcare through the exchange, purchased for her privately, or by adding her to your own insurance. As you have noted though, there is certainly an expense for that. And there will be an expense no matter how you try to obtain her health insurance.

Even if your wife should obtain her EAD or Green Card, you do not know how long it will take to obtain those documents, nor how long it would take for her to find a stable job that would afford or offer her, her own health insurance plan. In the meantime, should your wife become ill, how will she seek or afford treatment? These are all things to consider in hindsight in the meantime.

It is likely that yes, if she goes a significant period of time without insurance, that the penalty may apply either in full or partial. This of course is considerably cheaper than a years worth of monthly premiums, so in that regard many who simply cannot afford insurance or are wealthy enough to not have use of it, do choose to pay the penalty. For 2016 taxes, I would believe personally that because of certain regulations it is doubtful she'd be considered a ''resident for tax purposes'' or would have the penalty apply due to the small grace period of time. But if she does go a significant amount of time next year (which is only a week away) the penalty would likely kick in for the 2017 tax period.

If you received this information from a healthcare professional on the phone, either from the exchange or from an insurance agency regarding her eligibility, request a supervisor, as it is common to receive poor answers on the subject. When applying for Obamacare, they will more than likely want to see proof of your wife's status, either in a form of the NOA1 for the AOS or the EAD or the green card. If purchasing private insurance or adding her to your work plan though, it is more than likely they would only want to see her SSN and or your marriage certificate. One is obviously less fussy to do than the other, provided you can afford it. Open enrollment will be ending soon. If you have a state exchange you'll have to go through that first before the federal exchange.

The real question isn't if your wife is eligible for health insurance (she absolutely is under the law), it all comes down to if you can afford it and if you can afford to risk her health without insurance.


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

 

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You don't have to pay the penalty fee for the year 2016 because they have a Short gap exemption rule that if the person is without insurance for no more than 2 consecutive months then they don't have to pay the fee.

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I got good info recently in This thread...

http://www.visajourney.com/forums/topic/620556-health-insurance/

There's a form for you to fill out for the time when she wasn't here and the 2 month gap for the time when she was, as ppl here have already adviced :)

Edited by Suss&Camm

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)

 

giphy.gif

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There is an exemption time and then there are certain things that can exempt you, like loss of employment for a time or not enough income. I didn't incur a penalty this last tax season even though I was only covered by medicaid in Jan and Feb of last year, but since I didn't make enough money last year and then was unemployed for the later part of the year, I was exempt from the penalty.

Your wife most likely will be exempt from the penalty, but def try to get her on your insurance when you can for next year.


"Health coverage exemptions are available for a variety of reasons: certain life events, health coverage or financial status, group membership, and more."

https://www.healthcare.gov/exemptions-tool/#/

^ That is an exemption screener tool from healthcare.gov you can find out if you're exempt from paying the fee there.

"It depends on your household income. If insurance is unaffordable to you based on your income, you may qualify for an exemption from the fee. Other exemptions are based on low income too. Learn more about exemptions and how to claim them."


You actually can file for an exemption if you feel the costs are too high in your state and you can prove that you wouldn't be able to afford even bronze care.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
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)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

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If she moved here in November then there'a no penalty. You can go two months without insurance without having to pay the penalty.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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If she moved here in November then there'a no penalty. You can go two months without insurance without having to pay the penalty.

This you can go 2 months and not get hit with the penalty. This exemption would be claimed on form 8965 with your tax return. The instructions for form 8965 also explain the "Short Coverage Gap" rule in detail. Let's hope all of this health plan related stuff goes away for 2017 returns.

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If she moved here in November then there'a no penalty. You can go two months without insurance without having to pay the penalty.

That's true but she wasn't covered at all in 2016. He will need to show that she wasn't in the US until the last month+, and he can't do that on a tax return. Apply for one of the exemptions. There are 2 ways to do it. You can apply for an hardship exemption separately (mail in form) for one of several reasons, or do it right on the form (can't afford it).

To apply for a hardship exemption to mail in: https://www.healthcare.gov/exemption-form-instructions/

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