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Marta Proniagina

healthcare coverage exemption for k1 based immigrant

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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!

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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. 

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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


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


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!

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