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When will spouse be eligible for Medicare on K1 Visa

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I am 76 and receive Medicare on my own income records. My fiance is 72, a UK citizen . We've been a 

couple for 5 years traveling back & forth & wish to get married, but haven't because of not understanding whether

or not we can get him medical insurance , We know we first need  a K1Visa,  then he would apply for Green Card.

I've read articles that say he get onto my coverage after 1 year of marriage.  Can  anyone verify this and  point me to

a document from the government  that covers this.  Also please advise the est. times to go through each

step of the process.    Thank you.  Judy

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Depends on your state. For the most part, green card holders are not eligible for Medicare or any other publicly funded benefits, only citizens. However, some states do have some form of Medicare/Medicaid for non-citizens. 

 

This is one of the big considerations when making the choice as to where to live for couples of different nationalities. Especially when they are advanced in years and the alternative choice is the United Kingdom, with the NHS. 

 

To bring a spouse to the United States you have to demonstrate that he/she will not become a public charge and you can afford to take care of him. 


 

 

 

 

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  Medicare is a pay to play thing.  As she has never paid into the system she will never get "free" Medicare. After 5 years as an LPR she can buy into the plan but it is not cheap. I think it is about 430 a month ,  Until the 5 years your need to self fund her care.  


This will not be over quickly. You will not enjoy this.

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I think it is a he, generally 5 years and then you can buy into Medicare.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Generally 5 years, then you can be eligible for certain parts of Medicare. Some parts are unavailable or available w/o subsidies unless you have paid into them for 10 years.

https://www.medicare.gov/eligibilitypremiumcalc/#eligibility


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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THanks so much for such quick responses.    These are the articles that I found that made me think there is a 1 year option. I realize I'll need to

go directly to SS to pin this down, but was hoping someone on here has experience or more knowledge that my just reading an article,

I'm receiving benefits on my own work record.  We understand that he has to prove financial independence and/or my ability to cover his

finances before he even gets a K1- but unless this Medicare question is resolved we won't be able to marry.  So any further opiniond will

still be appreciated.    I didn't realize that it matters what state I'm in-   I'm in Virginia.               Appreciate the replies.

 

 AARP Real Possibilities, select to return to the AARP.org homepage
Medicare Entitlement for Foreign Spouses
by Patricia Barry, AARP Bulletin, Updated September 2011 | Comments: 3

Q. I recently married a Canadian who has applied to become a permanent U.S. resident. Will he be able to get Medicare on my work record and pay the same rate as I pay, or will he have to buy into Medicare?

A. If your work record makes you eligible for full Medicare benefits, then your husband—whatever his nationality—will also be entitled to the same benefits at the same cost, provided he meets all the following conditions:

YOU’RE THE FOREIGN SPOUSE OF A U.S. CITIZEN OR LEGAL RESIDENT
Normally, noncitizens who haven’t worked in the United States need to become permanent legal residents (green card holders) and live in the States continuously for at least five years in order to qualify for Medicare benefits.

But if you’re 65 or older and are a green card holder who’s been married to a U.S. citizen or a legal resident for at least one year — and your spouse is age 62 or older and has earned 40 work credits — you’re entitled to full Medicare benefits (including premium-free Part A) on his or her work record without being required to live in this country for five years.

.

FROM MEDICARE FOR DUMMIES
YOU’RE THE FOREIGN SPOUSE OF A U.S. CITIZEN OR LEGAL RESIDENT
Normally, noncitizens who haven’t worked in the United States need to become permanent legal residents (green card holders) and live in the States continuously for at least five years in order to qualify for Medicare benefits.

But if you’re 65 or older and are a green card holder who’s been married to a U.S. citizen or a legal resident for at least one year — and your spouse is age 62 or older and has earned 40 work credits — you’re entitled to full Medicare benefits (including premium-free Part A) on his or her work record without being required to live in this country for five years.


 

 

 

 

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In that case go CR1, do not go K1.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Georwein,

Really appreciate your link.  I filled in all the blanks and it seems to be encouraging.  Here is what it did as I proceeded with answers 


Eligibility & Premium Calculator Home

Required * Date of birth  1947 
Required * Have you worked at least 10 years for which you paid Medicare taxes?   
 
Required * Do you live in the U.S. or one of its territories?     NO     ( this would likely change to YES if he's living with me at time of app)
 
Required * Do you get group health benefits through your, your spouse’s or your family member’s current employer?  NO 
 Required * I'm already enrolled in  
  Part A   Part B   Neither Part A nor Part B     NO


Required * What's your marital status?  Married  ( would be after we're married)
                                
Required * What’s your spouse's date of birth?                           1941
 
Required * Has your spouse worked at least 10 years for which he or she paid Medicare taxes?  Yes
  
 Your Initial Enrollment Period based on your age Your Initial Enrollment Period based on your age contextual help 
June 1, 2012 - December 31, 2012 

Next General Enrollment Period begins 
February 20, 2019
Am I eligible to enroll?
You’re eligible to enroll in Medicare Part A (Hospital Insurance) and Part B (Medical Insurance). 

You get "premium-free" Medicare Part A (Hospital Insurance) because  you or your spouse (living, deceased or divorced) paid Medicare taxes during at least 10 years of work.  Most people pay a monthly premium for Medicare Part B.  The standard monthly premium for Medicare Part B is $135.50 in 2019.  Some people pay a higher premium based on their income or if they don't enroll when they are first eligible.  Calculate my premium.


When can I sign up?
You can sign up for "premium-free" Part A (Hospital Insurance) any time because you or your spouse (living, deceased or divorced) paid Medicare taxes during at least 10 years of work.  However, you can only sign up for Part B (Medical Insurance) during the General Enrollment Period between January 1 - March 31 each year.  Your Part B coverage will start July 1.

You may have to pay a late enrollment penalty for not enrolling in Part B when you were first eligible. Learn more about how to enroll and the late enrollment penalty- Opens in a new window.
 

 

Hi Boiler

Just saw your reply and I thank you much.  I'm not familiar with CR1 so I'll need to look that up.    

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CR1 is spousal Visa.  Immigrant gets residency status immediately upon arrival compared to k1 which could be more than a year for residency status after submission of adjustment of status application 


YMMV

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thank you so much for the info on CR1.  That sounds like a much better possible  option.  As you can see, we're  a bit old to even be

considering this, but we're also getting tired of flying back and forth-  and the alternative options are to break up or me move

to Wales.   I understand I would be covered over there after 6 months-  but we both prefer I stay in USA near my family.

 

Again, I thank you all for info posted here and welcome more if any of you have other suggestions

Judy

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Probably easier to get married in the US. Then file for a spouse.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I strongly recommend CR-1 in your situation.  It sounds like you're in a solid relationship already, multiple visits, so get married anywhere you like and submit the I-130 and I-130A for your spouse with the marriage certificate and other supporting documents.  Read the CR-1 guide here on VJ, and also submit evidence of your relationship, time spent together, etc.  Good luck!  And by the way, you're never "too old" to fall in love!

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Moved from K1 Process & Procedures to Moving to the US and Your New Life In America forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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

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