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Filed: K-1 Visa Country: Canada
Timeline
Posted

I have read a few posts regarding situations where people who came on K-1 VISA's were not able to enrol in marketplace exchange healthcare because they waited past their I-94 dates.

 

When I arrived in July on my K-1 VISA, I applied for and received my SSN and, at the time, I also enrolled in health coverage through Blue Cross Blue Shield.

 

However, my particular situation/concern is that the marketplace is about to undergo an open enrollment period on November 1st. I received a notice saying that I will then have to potentially change plans or, if permissible, I may be able to keep my current plan. However, the issue I have is by that point I will have no legal documentation to support my stay here in the U.S. as my I-94 will have expired on October 7th. 

 

In addition, my husband is covered through VA coverage and so he is not able to add me to his, as he is not currently active duty and so coverage does not apply to dependents you acquired and would have added after discharge from active.

 

So my question is, do I just lose coverage and then at this point I am forced to pay the fee for not having healthcare? even though I purchased health care but lost it through no fault of my own? Does anybody have any experience with this or any alternatives where people have obtained health insurance without and I-94?

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to Moving Here and Your New Life, from AOS Family - As health insurance is discussed here often.~~

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Filed: Timeline
Posted (edited)
On ‎9‎/‎28‎/‎2018 at 4:29 PM, thebrokenwindow said:

I have read a few posts regarding situations where people who came on K-1 VISA's were not able to enrol in marketplace exchange healthcare because they waited past their I-94 dates.

 

When I arrived in July on my K-1 VISA, I applied for and received my SSN and, at the time, I also enrolled in health coverage through Blue Cross Blue Shield.

 

However, my particular situation/concern is that the marketplace is about to undergo an open enrollment period on November 1st. I received a notice saying that I will then have to potentially change plans or, if permissible, I may be able to keep my current plan. However, the issue I have is by that point I will have no legal documentation to support my stay here in the U.S. as my I-94 will have expired on October 7th. 

 

In addition, my husband is covered through VA coverage and so he is not able to add me to his, as he is not currently active duty and so coverage does not apply to dependents you acquired and would have added after discharge from active.

 

So my question is, do I just lose coverage and then at this point I am forced to pay the fee for not having healthcare? even though I purchased health care but lost it through no fault of my own? Does anybody have any experience with this or any alternatives where people have obtained health insurance without and I-94?

Did file your AOS? If so, did you get a Notice of Action (I-797) for the AOS?

 

"Notice of Action (I-797), you’ll need your alien registration number (also called USCIS number) or your I-94 number from your document. Notices of Action (I-797s) are communication from U.S. Citizenship and Immigration Service about immigration benefits. I-797s can be used for different purposes, like an approval notice, receipt notice, or a replacement for an I-94. Sometimes these notices have other documents attached to them, like I-360s (petitions for Amerasian, widow(er), or special immigrant statuses). If you’ve been issued a new immigration benefit or had the duration of your stay in the U.S. extended, you’ll be issued an I-797 with a tear-away I-94 at the bottom. You should enter your I-94 number."

 

https://www.healthcare.gov/help/immigration-document-types/

Edited by Umka36
Filed: K-1 Visa Country: Canada
Timeline
Posted

Yes, I did file but no I have not received the noa yet.

 

My insurance company lists the acceptable forms of immigration documents and one of them is i-797. However, there are multiple versions of the 797 for different types of VISAs and I am not sure if the notice of action for the aos would be accepted. I called my insurance for clarification but to be honest, nobody had any clue.

Filed: Timeline
Posted
3 minutes ago, thebrokenwindow said:

Yes, I did file but no I have not received the noa yet.

 

My insurance company lists the acceptable forms of immigration documents and one of them is i-797. However, there are multiple versions of the 797 for different types of VISAs and I am not sure if the notice of action for the aos would be accepted. I called my insurance for clarification but to be honest, nobody had any clue.

My understanding is that once you file the AOS and receive the I-797 you should be eligible for ACA coverage.

 

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

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

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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