medicaid while sponsor the husband

[Senior Frog 3]

my wife USC we filed i-130 and waiting for NOA2 she has medicaid (she is a mother of 2 kids) and she has above 125% of the poverty line
is she has to stop the medicaid in order to sponsor me (as husband). is this make any troubles after the new puplic charge law ? 

thanks

[Mike E 11,723]

How will she come up with the $24K needed to provide you health insurance plus deductible?

Edited February 2, 2020 by Mike E

[SorrowL 138]

Public charge is only relevant to immigrants. as a USC, your wife can use any and all welfare programs they are eligible for without impacting you, as long as you aren’t added to any of those plans.

[Senior Frog 3]

2 minutes ago, Mike E said:

How will she come up with the $24K needed to provide you health insurance plus deductible?

she is not really need to has this amount of money, i can buy health insurance while outside US for $780 for one year (365 days)
isn't enough by new law ?

[geowrian 22,335]

6 minutes ago, SorrowL said:

Public charge is only relevant to immigrants. as a USC, your wife can use any and all welfare programs they are eligible for without impacting you, as long as you aren’t added to any of those plans.

True. But the sponsor being on public assistance programs is a factor in totality of circumstances.

 

Per the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

Quote

(c)  (U) Receipt of Means-Tested Benefits by the Sponsor:

(i)     (U) The sponsor's past or current receipt of means-tested benefits is a factor in support of a finding of inadmissibility for the applicant under INA 212(a)(4), insofar as it affects the applicant’s resources and financial status, including  the sponsor’s ability to support the applicant.   

(ii)    (U) If the sponsor or any member of his or her household has received public means-tested benefits within the past three years, you must review fully the sponsor's current ability to provide the requisite level of support, taking into consideration the kind of assistance provided and the dates received.

(iii)    (U) You must review carefully Form I-864 or Form I-134 and all attachments submitted with Form I-134, as well as evidence of the sponsor's current financial circumstances, in such cases.

(iv)   (U) See 9 FAM 302.8-2(C) for more information on the affidavit of support. 

 

[SorrowL 138]

1 minute ago, geowrian said:

True. But the sponsor being on public assistance programs is a factor in totality of circumstances.

 

Per the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

I can totally understand that, but I’m regards to public charge on the immigrant after admission, it isn’t a factor. It would be good if OP got a joint sponsor just in case.

Edited February 2, 2020 by SorrowL

[geowrian 22,335]

Just now, Senior Frog said:

she is not really need to has this amount of money, i can buy health insurance while outside US for $780 for one year (365 days)
isn't enough by new law ?

No insurance plan for $780/year is going to be worth the paper it is written on when you actually need to use it. At the very least, it will not be ACA compliant.

Many plans like that obtained abroad do not cover new immigrants - they are visitors. In which case they would not pay out at all.

I suggest looking at other options (employer-based insurance, the healthcare exchange, etc.).

[geowrian 22,335]

3 minutes ago, SorrowL said:

I can totally understand that, but I’m regards to public charge on the immigrant after admission, it isn’t a factor. It would be good if OP got a joint sponsor just in case.

From the prior quote: "If the sponsor or any member of his or her household has received public means-tested benefits within the past three years, you must review fully the sponsor's current ability to provide the requisite level of support, taking into consideration the kind of assistance provided and the dates received."

Stopping now won't do anything.

 

But yes, after admission, her use of benefits is not a factor in any way.

 

Edit; To be clear, I agree that a joint sponsor is likely needed here.

Edited February 2, 2020 by geowrian

[Senior Frog 3]

8 minutes ago, SorrowL said:

Public charge is only relevant to immigrants. as a USC, your wife can use any and all welfare programs they are eligible for without impacting you, as long as you aren’t added to any of those plans.

i heard somewhere that the sponsor should cut off the medicaid in order to prove he can support the immigrant and we are very confused now.

[SorrowL 138]

1 minute ago, Senior Frog said:

i heard somewhere that the sponsor should cut off the medicaid in order to prove he can support the immigrant and we are very confused now.

Cutting off now won’t change anything as per geowrian’s post.

 

I suggest you get a joint sponsor just in case they aren’t satisfied.

[Senior Frog 3]

11 minutes ago, geowrian said:

True. But the sponsor being on public assistance programs is a factor in totality of circumstances.

 

Per the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

 

10 minutes ago, SorrowL said:

I can totally understand that, but I’m regards to public charge on the immigrant after admission, it isn’t a factor. It would be good if OP got a joint sponsor just in case.

 

9 minutes ago, geowrian said:

No insurance plan for $780/year is going to be worth the paper it is written on when you actually need to use it. At the very least, it will not be ACA compliant.

Many plans like that obtained abroad do not cover new immigrants - they are visitors. In which case they would not pay out at all.

I suggest looking at other options (employer-based insurance, the healthcare exchange, etc.).

 

7 minutes ago, geowrian said:

From the prior quote: "If the sponsor or any member of his or her household has received public means-tested benefits within the past three years, you must review fully the sponsor's current ability to provide the requisite level of support, taking into consideration the kind of assistance provided and the dates received."

Stopping now won't do anything.

 

But yes, after admission, her use of benefits is not a factor in any way.

 

Edit; To be clear, I agree that a joint sponsor is likely needed here.

 

4 minutes ago, SorrowL said:

Cutting off now won’t change anything as per geowrian’s post.

 

I suggest you get a joint sponsor just in case they aren’t satisfied.

OK. but is that mean they will ignore her income and be refused just for her medicaid ? i mean she has really good income, it will not be even enough if she used medicaid ?

thanks

[geowrian 22,335]

Just now, Senior Frog said:

OK. but is that mean they will ignore her income and be refused just for her medicaid ? i mean she has really good income, it will not be even enough if she used medicaid ?

It will be a negative factor. It does not mean they will ignore her income. It is one part of the totality of the circumstances.

Although how she has Medicaid with "really good income" is a bit confusing. Medicaid is income-restricted. Some states are more restrictive than others, but the idea is the same anywhere.

[Senior Frog 3]

1 minute ago, geowrian said:

It will be a negative factor. It does not mean they will ignore her income. It is one part of the totality of the circumstances.

Although how she has Medicaid with "really good income" is a bit confusing. Medicaid is income-restricted. Some states are more restrictive than others, but the idea is the same anywhere.

she was divorced with 2 kids when she got it. and she never got any kind of support but medicaid
i mean she wasn't eligible for any another kind of support cause her income.

[Senior Frog 3]

29 minutes ago, geowrian said:

No insurance plan for $780/year is going to be worth the paper it is written on when you actually need to use it. At the very least, it will not be ACA compliant.

Many plans like that obtained abroad do not cover new immigrants - they are visitors. In which case they would not pay out at all.

I suggest looking at other options (employer-based insurance, the healthcare exchange, etc.).

i can confirm to you this insurance is for new immigrants with 0 deductible
i can provide you a link if its not against the forums law.
EDIT: oh sorry that was $780/month

Edited February 3, 2020 by Senior Frog

[Villanelle 4,121]

6 minutes ago, Senior Frog said:

i can confirm to you this insurance is for new immigrants with 0 deductible
i can provide you a link if its not against the forums law.

Each state has their own requirements for medicaid but generally a person needs to be making less then 200% of the poverty guidelines. Most states are in the 133% range.  As explained her use of medicaid will be considered as a negative factor but that doesnt mean she will not be approved. They will look at the totality of the circumstances so perhaps do a bit of research into the other things they look at and see where you all fall overall.

 

If you can please post a link to the health plan you are considering that would be great. Links are allowed generally as long as its not spam or an advertisement. Its very likely that what you are looking at is temp insurance or some other type of limited N/A plan as health insurance is a popular topic on here and I assure you there is no legitimate plan option for 780/year with no deductible out there.