Jump to content
Marta Proniagina

healthcare coverage exemption for k1 based immigrant

3 posts in this topic

Recommended Posts

Hi everyone. 
I'm trying to figure out if my husband (UC) and I have to pay the penalty for not having a health insurance for a half of 2018. I'd appreciate any input and opinion on our situation. 

 

I came to the states on December 24, 2017 on K-1 visa and we got married on March 2,2018. (as I understand, I wasn't lawfully present before March,2 to get a health insurance). My husband didn't have a health insurance for the whole year of 2017 and we didn't know about obamacare and special enrollment and anything like this (I know it was pretty stupid not to research it but it is what it is).
We applied for AOS on March 23 and I got the NOA1 on April 5th. Didn't get a chance to get the EAD and got the green card right away on July 19th. Starting August 1st I have the Medicaid coverage for the rest of the year.
So, now I'm filling out the 8965 for for coverage exemption but can't figure out whether I can claim the period from January to July as not having the insurance because of being "a nonresident alien, including a dual-status alien in the first year of US residency" or "not lawfully present". Or should I claim the period from January through March as not lawfully present and then have April, May, June and possibly July as months without the right for exemption (so we'd have to pay the penalty for these months)?

I am extremely confused by it and would appreciate any help I can get. Thank you in advance!

Share this post


Link to post
Share on other sites

See if this tool helps https://www.healthcare.gov/health-coverage-exemptions/exemptions-from-the-fee/

 

I haven't gone through it to know exactly what it does, but it sounds useful. 

And quite frankly, the IRS likely won't checkup on whatever you put. 

Share this post


Link to post
Share on other sites

So I read somewhere that for 2018 tax year it's possible to claim hardship exemption WITHOUT documenting hardship. I'm not sure if one does this through the Marketplace or when filing taxes.


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!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...