Obamacare yeah it's bull

[IandI 5]

My wife is now a green card holder and at the time of open enrollment for health insurance she didn't have her social security card which is required to get health insurance. 

 

So so guess what since she didn't have American health insurance when she was still in her country and couldn't get it in the U.S. Yet during open enrollment....she can be made to pay the fine for not having health insurance. 

 

This is bull that we have to pay a fine for not having something she had no way of getting. 

 

The insurance places claim that she has to get it within 60 days of arriving but they didn't understand that a k1 visa itself is not a visa for staying in the U.S. Legally, it's the completion of the adjustment of status which is really when the  60 day time period for insurance enrollment should be started I would think. 

 

 

 

Edited February 3, 2017 by TBoneTX
to remove scatological term

[Transborderwife 4,666]

That doesn't sound right, she should qualify to be exempt for the months that she was in her country.  Have you spoken to an accountant or tax specialist?

[David & Diana R 1,005]

1 hour ago, IandI said:

My wife is now a green card holder and at the time of open enrollment for health insurance she didn't have her social security card which is required to get health insurance. 

 

So so guess what since she didn't have American health insurance when she was still in her country and couldn't get it in the U.S. Yet during open enrollment....she can be made to pay the fine for not having health insurance. 

 

This is bull that we have to pay a fine for not having something she had no way of getting. 

 

The insurance places claim that she has to get it within 60 days of arriving but they didn't understand that a k1 visa itself is not a visa for staying in the U.S. Legally, it's the completion of the adjustment of status which is really when the  60 day time period for insurance enrollment should be started I would think.

You can thank obama for the "fine" he promised would NEVER HAPPEN.

Edited February 3, 2017 by TBoneTX
to remove scatological term from quote

[JimJesDuma 472]

If you do proper research you will find out that she does not need to pay the penalty but if she did just keep in mind the IRS can not garnish wages, file federal tax liens or levy bank accounts to collect this penalty.

The penalty can only  collected if you voluntarily send in the payment to the IRS or if you are due a tax refund the following years the IRS has the right to capture enough of the refund to cover the ACA penalty.

 

Jim

[David & Diana R 1,005]

1 minute ago, JimJesDuma said:

If you do proper research you will find out that she does not need to pay the penalty but if she did just keep in mind the IRS can not garnish wages, file federal tax liens or levy bank accounts to collect this penalty.

The penalty can only  collected if you voluntarily send in the payment to the IRS or if you are due a tax refund the following years the IRS has the right to capture enough of the refund to cover the ACA penalty.

 

Jim

Yes, so every year the IRS will collect the "Penalty", I prefer to call it a fine.  They will get it.  Until Trump repeals this obamacare madness we are all stuck paying the fine.  Trust me, the IRS will get you no matter what.

[yuna628 9,680]

1 hour ago, IandI said:

My wife is now a green card holder and at the time of open enrollment for health insurance she didn't have her social security card which is required to get health insurance. 

 

So so guess what since she didn't have American health insurance when she was still in her country and couldn't get it in the U.S. Yet during open enrollment....she can be made to pay the fine for not having health insurance. 

 

This is bull that we have to pay a fine for not having something she had no way of getting. 

 

The insurance places claim that she has to get it within 60 days of arriving but they didn't understand that a k1 visa itself is not a visa for staying in the U.S. Legally, it's the completion of the adjustment of status which is really when the  60 day time period for insurance enrollment should be started I would think.

An SSN is not required to get health insurance. Let me repeat. An SSN is NOT required to get health insurance. I know I know, sounds crazy right? It's true. But they don't want you to know that. In fact maybe the employees don't even know that, even though it says so in their own rules. Yes, if you're signing up via the exchanges they may ask you for it - especially if you are just DIYing online (online forms are dumb and don't factor in unique situations!) but the rules clearly state it's not needed - in fact there's actual guidance to employees how to sign persons up without one. Is having an SSN make applying easier? Sure, it means a dumb employee won't get in your way with confusion.

 

Beyond that - you also don't need an SSN to purchase your wife health insurance privately, nor do you need one to sign her up via work. Now, you're saying that it applies to her when she was still in her OWN country? No it does not. Once she entered the US, the clock starts counting. If you had wanted to sign your wife up to the exchange, you could have done so, at earliest with an NOA1 of your AOS, or to be extra safe, an EAD... certainly not needing to wait for a green card. You also could have got your wife an SSN within days of her landing in the US... Privately you could have obtained health insurance without dealing on the exchange in some cases before she arrived into the US, or certainly immediately after marriage.

 

You are not being fined for when she resided out of the country. If you are, it's because you have not filed for a waiver correctly. Speak to a certified tax preparer, accountant, or a health insurance advisor. It sounds as if you are being fined for her not having insurance while she was in the country waiting for her green card. If you waited all that time, that is why. Please clarify the date of when your wife entered the USA, when AOS was filed, when the EAD was received, when the green card was received, and when you first attempted to apply for her health insurance.

Edited February 3, 2017 by TBoneTX
to remove scatological term from quote

[Unlockable 7,315]

SSN is NOT required for health insurance. Been discussed plenty of times here.

[JimJesDuma 472]

1 minute ago, David & Zoila said:

Yes, so every year the IRS will collect the "Penalty", I prefer to call it a fine.  They will get it.  Until Trump repeals this obamacare madness we are all stuck paying the fine.  Trust me, the IRS will get you no matter what.

Again not true. Just another fear tactic.

If you don't get a tax refund and you don't voluntarily pay the fine then the IRS has no way to collect this penalty.

No one is "stuck" paying the fine if they just get health insurance. Besides who living in America doesn't WANT to have health insurance?

Go have an operation or trip to ER without it and see what kind of "fine" you have to pay then.

 

You can opt out of the mandated health insurance requirement by having the IRS assess the "penalty".

 

Jim

[JimJesDuma 472]

1 minute ago, NuestraUnion said:

SSN is NOT required for health insurance. Been discussed plenty of times here.

NuestraUnion, people don't care about facts...LOL

 

Jim

[Rick & Apple 233]

16 minutes ago, yuna628 said:

Once she entered the US, the clock starts counting. If you had wanted to sign your wife up to the exchange, you could have done so, at earliest with an NOA1 of your AOS, or to be extra safe, an EAD... certainly not needing to wait for a green card. You also could have got your wife an SSN within days of her landing in the US... Privately you could have obtained health insurance without dealing on the exchange in some cases before she arrived into the US, or certainly immediately after marriage.

 

You are not being fined for when she resided out of the country. If you are, it's because you have not filed for a waiver correctly. Speak to a certified tax preparer, accountant, or a health insurance advisor. It sounds as if you are being fined for her not having insurance while she was in the country waiting for her green card. If you waited all that time, that is why. Please clarify the date of when your wife entered the USA, when AOS was filed, when the EAD was received, when the green card was received, and when you first attempted to apply for her health insurance.

 

A K-1 is not eligible until filing Adjustment of Status.

 

https://www.healthcare.gov/immigrants/immigration-status/

Applicants for any of these statuses qualify to use the Marketplace:

Temporary Protected Status with Employment Authorization

Special Immigrant Juvenile Status

Victim of Trafficking Visa

Adjustment to LPR Status

Asylum (see note below)

Withholding of Deportation, or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) (see note below)

[yuna628 9,680]

Just now, Rick & Apple said:

 

A K-1 is not eligible until filing Adjustment of Status.

 

https://www.healthcare.gov/immigrants/immigration-status/

Applicants for any of these statuses qualify to use the Marketplace:

Temporary Protected Status with Employment Authorization

Special Immigrant Juvenile Status

Victim of Trafficking Visa

Adjustment to LPR Status

Asylum (see note below)

Withholding of Deportation, or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) (see note below)

That is exactly what I said. A K1 is eligible at the EARLIEST to apply to the exchange UPON filing AOS. That means under the law they could use proof of filing for AOS (such as NOA1) as a QUALIFYING DOCUMENT or at second earliest with an EAD.

[TBoneTX 45,524]

The original post, and several subsequent, have been edited to remove a scatological term.  The OP is fortunate to avoid administrative action.  Thread is moved from the K-1 Process forum to the Moving to the US forum, to be among similar-themed threads.

 

VJ Moderation

[TBoneTX 45,524]

A noncontributory post and quotes of it have been removed.

[Rick & Apple 233]

1 hour ago, yuna628 said:

That is exactly what I said. A K1 is eligible at the EARLIEST to apply to the exchange UPON filing AOS. That means under the law they could use proof of filing for AOS (such as NOA1) as a QUALIFYING DOCUMENT or at second earliest with an EAD.

My mistake. I saw the " Once she entered the US, the clock starts counting " and did not read the rest of the paragraph close enough.

I think I need to give my eyes a break from the computer.

 

I have been on both the Healthcare Marketplace and IRS sites trying to figure out if I will have to pay the penalty for not having my wife insured. It looks like we get a short gap exemption, because we filed for AOS Nov. 16, less than 2 months uninsured.

[Ash.1101 1,756]

When I filed my taxes, it asks how long I was in the US, how long my husband was in the US, and then for insurance, it asks if they were covered for the entire year, not at all the entire year or which  months we were covered.

 

5 hours ago, JimJesDuma said:

Again not true. Just another fear tactic.

If you don't get a tax refund and you don't voluntarily pay the fine then the IRS has no way to collect this penalty.

No one is "stuck" paying the fine if they just get health insurance. Besides who living in America doesn't WANT to have health insurance?

Go have an operation or trip to ER without it and see what kind of "fine" you have to pay then.

 

You can opt out of the mandated health insurance requirement by having the IRS assess the "penalty".

 

Jim

Plenty of people don't because it's not  as affordable as it says it is for the working class. Personally, I've never -wanted- insurance. I go to the doctor once a year on average, usually for "cedar fever" down here, go to the urgent care clinic, pay 185$ for the visit, 30$ for medicine, and I don't see a doctor again. My husband is almost never sick. So when our tax subsidy only saved us 90$ per month making the insurance over 400$, we realized it's not worth it because we would run into the negative every month, and we don't even have serious debt or credit issues. Just basic things like electricity, phone, etc. We would have 50$ per paycheck (or 200 a month) left over after bills and insurance for things like food, gas to get to work, etc. 

I'll be glad when I don't have to pay the "fine" or penalty. We make too much to qualify for emergency medicaid, so it won't be tax payers paying for my stuff if I ever have to go to the ER, but since Texas didn't expand medicaid, we make too little to actually have obamacare be affordable.