Medicaid, yes or no?

[Angelo95 0]

Hi all! Just for context: I came to the US on a K1 visa a little over two months ago. I already got married and sent my AOS package (work authorization, travel authorization and green card forms) as well, going in for the biometrics appointment tomorrow!

 

After many trials at the social security office, I finally received my SSN last week and went on to  look for health insurance in the marketplace (healthcare.gov) since I cannot be added to wife's insurance because she's on her parents'. It tells me I'm eligible for Medicaid...

 

After researching this a lot, it appears Medicaid is not grounds for public charge, but it is a means-tested public benefit. The affidavit (i-864) my wife and her sister (co-sponsor) signed has a little paragraph saying the sponsored person cannot receive any means-tested public benefits.

 

Very confusing...I just want to know if Medicaid is okay or not from a legal standpoint, it makes no sense that the healthcare website would let you receive Medicaid after you just input all the information about being a foreigner recently married to a US citizen if it was illegal.

[geowrian 22,335]

What state? NY and I believe CA use state funds to cover new immigrants for Medicaid.

Most states do not - they use federal funds, which are prohibited from being used within the first 5 years of becoming an LPR.

 

Edit: Oh, you don't even have a green card yet. I overlooked that, sorry. Check with your state, but generally the answer would be that you don't qualify.

https://www.uscis.gov/i-864p

Edited July 22, 2019 by geowrian

[Nitas_man 3,100]

https://www.healthcare.gov/immigrants/lawfully-present-immigrants/

 

Seems 29 states have waived the 5-yr waiting period.  Yours must be one of those states.

[Boiler 43,429]

In order to get Medicaid and CHIP coverage, many qualified non-citizens (such as many LPRs or green card holders) have a 5-year waiting period. This means they must wait 5 years after receiving "qualified" immigration status before they can get Medicaid and CHIP coverage. There are exceptions. For example, refugees, asylees, or LPRs who used to be refugees or asylees don’t have to wait 5 years.

 

Good you have a sponsor and a joint sponsor.

[geowrian 22,335]

17 minutes ago, Nitas_man said:

https://www.healthcare.gov/immigrants/lawfully-present-immigrants/

 

Seems 29 states have waived the 5-yr waiting period.  Yours must be one of those states.

With limited circumstances, which doesn't appear to apply to the OP.

 

" Twenty-nine states, plus the District of Columbia and the Commonwealth of the Northern Mariana Islands, have chosen to provide Medicaid coverage to lawfully residing children and/or pregnant women without a 5-year waiting period. Twenty-one of these states also cover lawfully residing children or pregnant women in CHIP. Find out if your state has this option in place. "

[Angelo95 0]

Thank for your answers so far. I live in Pennsylvania but I don't know if that's relevant. My main concern is if getting on Medicaid will break the rules of the affidavit of support. Maybe it would be okay to get on Medicaid if you came into the country with a different type of Visa that does not require an i864 to be filed...I have no knowledge of anything other than the K1 though

[geowrian 22,335]

39 minutes ago, Angelo95 said:

Thank for your answers so far. I live in Pennsylvania but I don't know if that's relevant. My main concern is if getting on Medicaid will break the rules of the affidavit of support. Maybe it would be okay to get on Medicaid if you came into the country with a different type of Visa that does not require an i864 to be filed...I have no knowledge of anything other than the K1 though

State does matter as Medicaid is a joint program with the federal and state governments. Federal funds are barred for new immigrants for the first 5 years, with limited exceptions. PA's Medicaid program (Medical Assistance / MA) is not state funded for your status or for LPRs within the first 5 years.

http://services.dpw.state.pa.us/oimpolicymanuals/ma/322_Citizen_Noncitizen/322_3_Alien_Status.htm

So you don't qualify, unless you meet the exceptions noted.

I'm unsure what you read that indicated that you do qualify. Maybe it said "may" qualify?

 

If you did receive it, it could be held against you (although not the sponsor yet as you technically have none right now - the I-134 is not enforceable and the I-864 is not executed until AOS is approved) for public charge reasons:

https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2 (for visas, although USCIS's AFM or policy manual has the same type of wording)

https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

Edited July 22, 2019 by geowrian

[Ontarkie 13,915]

~~MOved to Moving Here and Your New Life, from AOS Family - as the question is about health insurance~~