Jump to content

5 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Austria
Timeline

Hi guys, 

I could really need your help/experiences on this one. I am currently adjusting status from F-1 being married to LPR. As my husband is not eligible for insurance through his employer, we tried getting insurance over the Health Insurance Marketplace of NYS. After going through the rather complicated process they found my husband eligible and me not eligible for enrolling over the marketplace due to “not being lawfully present”. How they got to this ruling, I honestly don’t know. Even more so, as they accepted my documentation in the first place.  I provided them with the NOAs for the I-130 and the I-485. Although my F-1 is void by now, I applied in time for AOS and never overstayed. However, the only possibility for me to get insurance over the marketplace now, is appealing this decision.  The whole appealing process kind of freaks me out, as I really don’t want to have any troubles and I don’t know what I sign up for with this. On the other hand, I don’t see any other chance to get health insurance. If anyone could share experiences or thoughts on this it would be much appreciated. 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Russia
Timeline
On 6/1/2020 at 10:47 AM, Karosuko said:

Hi guys, 

I could really need your help/experiences on this one. I am currently adjusting status from F-1 being married to LPR. As my husband is not eligible for insurance through his employer, we tried getting insurance over the Health Insurance Marketplace of NYS. After going through the rather complicated process they found my husband eligible and me not eligible for enrolling over the marketplace due to “not being lawfully present”. How they got to this ruling, I honestly don’t know. Even more so, as they accepted my documentation in the first place.  I provided them with the NOAs for the I-130 and the I-485. Although my F-1 is void by now, I applied in time for AOS and never overstayed. However, the only possibility for me to get insurance over the marketplace now, is appealing this decision.  The whole appealing process kind of freaks me out, as I really don’t want to have any troubles and I don’t know what I sign up for with this. On the other hand, I don’t see any other chance to get health insurance. If anyone could share experiences or thoughts on this it would be much appreciated. 

Filing AOS does not grant any status. Your F1 has expired and AOS only means you are authorized to stay until petition decision. It is not a legal status.  Its a rough situation but why would his employer not extend insurance to spouse ?


31-Jan-2020 : I-485 Filed

17-Feb-2020: I-765/I-131 Filed

24-May-2020: I-765/I-131 approved

31-May-2020: EAD/AP Combo Card received

05-Oct-2020: Biometrics Scheduled

20-Oct-2020: Biometrics Complete

30-Nov-2020: EAD/AP Renewal Filed

04-Dec-2020: AOS Case Was Transferred And A New Office Has Jurisdiction 😂😂 - Transfer from CSC to Nebraska Service Center  

13-Jan-2021: EAD/AP USCIS processed renewal

25-Jan-2021: EAD/AP renewal TExt message for case received

30-Jan-2021: EAD/AP renewal Receipts received

15-Mar-2021: AOS Approved - Card Production Sent

20-Mar-2021: Card Received in Mailbox

 

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Austria
Timeline
15 minutes ago, James120383 said:

Filing AOS does not grant any status. Your F1 has expired and AOS only means you are authorized to stay until petition decision. It is not a legal status.  Its a rough situation but why would his employer not extend insurance to spouse ?

I know, that it doesn’t grant any status, but since i am authorized to stay I am also lawfully present as opposed to illegally in the country.  He doesn’t get any in the first place because he doesn’t fulfill the criteria yet. Thanks for answering to my post, though.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Russia
Timeline
15 minutes ago, Karosuko said:

I know, that it doesn’t grant any status, but since i am authorized to stay I am also lawfully present as opposed to illegally in the country.  He doesn’t get any in the first place because he doesn’t fulfill the criteria yet. Thanks for answering to my post, though.

Yeah its a difficult spot to be. If you have EAD you can try a job that provides health insurance or he needs to get a job that provides health insurance from the get go.  Considering you now have EAD i think you should enquire again at Market place plans as you now have an official status 

 

 

Also make sure you document all your enquiries with health insurance companies and might come into use during any issue if USCIS draws the line about not having insurance. 

Edited by James120383

31-Jan-2020 : I-485 Filed

17-Feb-2020: I-765/I-131 Filed

24-May-2020: I-765/I-131 approved

31-May-2020: EAD/AP Combo Card received

05-Oct-2020: Biometrics Scheduled

20-Oct-2020: Biometrics Complete

30-Nov-2020: EAD/AP Renewal Filed

04-Dec-2020: AOS Case Was Transferred And A New Office Has Jurisdiction 😂😂 - Transfer from CSC to Nebraska Service Center  

13-Jan-2021: EAD/AP USCIS processed renewal

25-Jan-2021: EAD/AP renewal TExt message for case received

30-Jan-2021: EAD/AP renewal Receipts received

15-Mar-2021: AOS Approved - Card Production Sent

20-Mar-2021: Card Received in Mailbox

 

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Austria
Timeline
2 hours ago, James120383 said:

Yeah its a difficult spot to be. If you have EAD you can try a job that provides health insurance or he needs to get a job that provides health insurance from the get go.  Considering you now have EAD i think you should enquire again at Market place plans as you now have an official status 

 

 

Also make sure you document all your enquiries with health insurance companies and might come into use during any issue if USCIS draws the line about not having insurance. 

that’s what I thought too. The work permit should be a game changer. As soon as I hold my EAD in hand, I’m gonna call them. 
Good advice with the documentation. Thanks a lot!

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...