asisflyer

EXCERPT FROM THE ACA ACT: In perusing the act, I came upon the lax definition of qualified

individuals under the ACA.

This explains why the interpretations are varied.

You have to "reasonably expect" to be lawful for FULL DURATION OF COVERAGE.

So a person adjusting from an expiring F or B1/B2 - could they have that reasonable expectation upon filing an AOS ? Similarly, the overstayed being forgiven by IR petition wouldn't be lawful until adjucated - right?

(3) Access limited to lawful residents.--If an individual is
not, or is not reasonably expected to be for the entire period
for which enrollment is sought, a citizen or national of the
United States or an alien lawfully present in the United States,
the individual shall not be treated as a qualified individual
and may not be covered under a qualified health plan in the
individual market that is offered through an Exchange.

commentary invited..

RE: More Details - No Concrete Answers

http://www.nilc.org/document.html?id=809

This reference suggests that AOS to LPR may apply for ACA exchanger AFTER IMMIGRANT PETITION APPROVED.

This would suggest to me that:

1. K-3 AOS adjusters could therefore apply. As their immigrant petition was approved separately prior to arrival.

2. Concurrent I130/I485 filers CANNOT apply as Immigrant Petition is not necessary approved until at/near interview for concurrent? I may be mixed up this point. Those with more data, kindly revert.

EXCERPT FROM LINK ABOVE:

Applicants for Adjustment to LPR Status with Approved Visa Petitions

Applicants for Adjustment to LPR Status with Approved Visa Petitions
Individuals whose relatives or employers have petitioned to immigrate them (or, in some
cases, who are petitioning for themselves) may be able to adjust to LPR status in the U.S. The
qualifying relative (e.g., a U.S. citizen spouse, parent, adult child, or sibling, or an LPR
spouse or parent) or employer must first file a petition for an immigrant visa on behalf of the
intending immigrant. After the visa petition is approved, there may be a long waiting period
before an eligible noncitizen may apply to adjust his or her status. There is no waiting period
for “immediate relatives” (spouse, parent, or children) of U.S. citizens or for some
employment categories. Individuals with approved visa petitions who have applied for
adjustment to LPR status are “lawfully present.”

I am going to have to read the actual law to figure this out.

then separate this EXCERPT

Nonimmigrant Visa Holders
Nonimmigrant visa holders include tourists, students, and visitors on business, as well as
individuals who are permitted to live and work in the U.S. indefinitely. Nonimmigrants may
have a status granted under 8 U.S.C. section 1101(a)(15)(A) through (V) or by a treaty such as
the one described below. Some categories of nonimmigrant statuses allow the status holder
to work and eventually to adjust to lawful permanent residence. Nonimmigrants who violate
the terms of their status — for example, by overstaying a tourist visa or working without
permission — may lose their nonimmigrant status and be considered undocumented.
Nonimmigrants who have not violated the terms of their status are considered “lawfully
present.”

Embarrassing that experts such as the NILC cannot suitably footnote their own findings sufficiently.

I am certain that this site has hundreds of people for whom this topic is highly relevant with the looming December 15th date for January 1st coverage start under the ACA. Whereas my bowel movements are "not amazing" the lack of clear position on this AOS matter is "amazing".

SILLY QUESTION BUT:

For AOS I-130 / I-485 / I-765 / I-131 filings to Chicago Lockbox:

Did you receive all 4 text messages at the same time? or were they staged over minutes, hours, days apart?

765 text only seems a bit strange.

PUBLIC CHARGES / OBAMACARE ./ AOS / I485 "LIKELY TO RECEIVE"

30+ hours of reading later. I find no concrete standing on the Public Charge / AOS / ACA Tax Subsidy debate. Some limited opinions, few concrete facts to be found after extensive searching.

Does the USCIS have Adjudication Guidance on Obamacare Tax Subsidy on Alien Spouse? Constitution or public charge or not ? Interview or Filing I-485 "likely to receive" questions ?

The Healthcare.gov website is quick to offer that AOS to LPR candidates are eligible (without sub-types of same referenced), but what of the Public Charge issue and what of the I-485 "likely to receive" statement at filing and at AOS interview?

If you're an asylee or other exempt group adjusting, its a moot point. But what of those family or employment based petitions with restrictions on means based benefits? What of those who can't/don't take Medicaid - but fall into the issues with the Healthcare.gov website processing MIXED USC and ALIEN SPOUSE APPLICATIONS with respect to the public charge issues?

SOLUTION 1: USC Applies SOLO and ALIEN applies separately to refuses -- A de facto ban on Joint Insurance ? So-called bona marriage indicator. Ironic isn't it.

SOLUTION 2: USC/ALIEN SPOUSE over-report income to apply jointly and yet guarantee exclusion of any Tax Subsidy for the USC and Alien Spouse.

CAVEAT: I-864 Joint Sponsor income potential deeming into Alien Spouse and therefore into HOUSEHOLD INCOME -- Is the USC suddenly disqualified from the Tax Subsidy via the Alien Spouse Support Affidavit while the Alien Spouse is seemingly given mixed instructions on whether he/she is permitted to apply at all ? ARE US CITIZENS BLOCKED FROM THESE SERVICES BY WAY OF JOINT SPONSOR AND SUBSEQUENT DEEMING ?

BACK TO MAIN POINT -- does the ACA calculator applying a Tax Subsidy (IRS paid) or Reducing Silver Plan out-of-pocket expenses (Govt pays to Insurer) constitute a basis of benefit which can then be deemed means-tested? public charge?

ALONG THE WAY TO AOS --

Somewhere during the AOS process (post-petition approval) it will have become a mandate for something that seemingly violates the public charge issue? Has there been a finding on this?

Ironically, ACA text appears (legally lay opinion) to initiate its mandatory coverage require with a pending I-485 after approved of I-130 or else face financial penalty if no exemption is met.

Thus it seems ACA requires insurance it once the family petition is accepted but prior actual AOS to LPR from the digest I've read.

SUMMARY QUESTIONS

1. Does the Tax Subsidy on the ACA issued plans constitute a Public Charge and thereby risk of AOS denial?

2. What of the Silver Plan out-of-pocket ?

3. Is Joint-Sponsor Income DEEMED into the ACA for Household income purposes? THIS EXCUDES THE USC FROM SUBSIDY via the ALIEN in household?

The effect of the limited advice published in paralytic.

Does anyone know of published USCIS Public Charge Guidance specific to the ACA, Tax Subsidy, and Out-of-Pocket subsidy ?

RE: Flu Vaccine

You can delay your paperwork until after the Flu Season when the CDC recommendation no longer applies and then the civil surgeon will not be required to administer it. Relax about the flu shot conspiracy.

Required vaccines are age sensitive. If you lack vaccine documentation and are in your 30's, I would expect to get a Flu Shot and TD (tetaneus and diphtheria or ask for TdAP and get pertussis covered too). Most likely you have an MMR and your Rubella titers from serum will come back with immunity for around the same price as an additional MMR shot. They'll run a VDRL/RPR for Syphilis on serum also and a Tuberculin scratch test (or pay upgrade for IGRA from serum instead).

RE: Tele-commuting long-term. Suggest you get a legal opinion somewhere on this.

To clarify a few things, I am not working here in that sense, the reason I wrote I have to leave for my work is I am a music producer DJ, and haven't worked here illegally. Any shows I have done the clubs always pay cash. But the reason I will need to leave the country as soon as possible is I have been turning down tours and shows in Europe where I get most of my income from.

Other than that I run a record label based in Sweden, so I haven't been working here in that sense illegally.


For all people saying I have to get the flu shot, do you know if there's any way around this at all.

I consider these flu shots to be pure poison and people from sweden and finland had some awful side effects including narcolepsy and other awful syndromes of the side effects.
Once again thanks so much to all of you who are helping me so much, all of the posts are making it so much easier for me, and I am forever thankful

Thank you sir.

RE: 3rd Party Checks for Payment of USCIS FEES

The instructions for payments on the USCIS website does not explicitly confirm or deny whether a 3rd party check is acceptable for payments.

I would like to use checks from family as I have returned after 9 years overseas and doing AOS and had no expectation of staying.

Can a family member personal check be used for the I-130/I-485 payments to Chicago Lockbox?

Thanks ALL

This is my first post. I have read much of this forum and look forward to helping in areas where my knowledge will be useful.

I look forward to being part of the community and helping others as they have helped me.

G.325A is confusing me. I don't want responses to suggest intent that is not there.

SITUATION:

RE: Concurrent I-130 / I-485 AOS - Long Term Expat USC and Alien Spouse - Married 1.5 years.

Return to USA on B2 visa with no intent to stay. Medical trip. Then argument with Employer. Lost Job while visiting. Then spent another month or so deciding whether to go back overseas and find new work or to stay. Ultimately, decided to stay a while.

We spent 1 month in the US at 1 address (on customs card) and 1 month at another US address (filed Ar-11 online) . First address on I-94 card.

I have 13 addresses in 5 years for G325a. Often live in 3-6 month leases. But there is also owned foreign home we sometimes stay at.

Q1. I am concerned about Domocile vs. Residence vs. Location you Slept as the desired data for the G.325A.

Instructions and guidance are very limited online.

If AOS from B2 application on G-325a --- Does my overseas address end with Date of Entry to U.S. , with date of this petition when intent to stay changed? or actual time when movers moved belongings out of the foreign address to our permanent foreign storage address?

We had people empty our overseas apartment (month-to-month lease) and move things to our overseas home as storage after we had departed .

I do not wish the definition of residence to be misinterpreted as immigrant intent.

Q2. Can I overlap the dates of the Foreign Address with the U.S. visit locations since arriving?

Q3. With 13 addresses. I put first 5 on form -- and then a SUPPLEMENTAL SHEET with ALL ADDRESSES and I reference Form Items vs. Additional Items. Is this acceptable ? OR WOULD I DELETE ALL ADDRESSES ON FORM and only reference Schedule ?

Q4. The Last Foreign Address over 1 year line - for us this is not the most recent foreign address. It will be a 2 year old address because we often have 6 month leases. Should I still pick the older address with 1 year lease?

Q5. If we own a foreign home that stores most of our belongings, but generally stay at rented foreign homes; how do I show the alternating use of the owned foreign residence on the G325 when it overlaps ALL dates? I footnoted it on the G325a Supplemental Form, is this OK?

Q7. On I-864 form for the sponsor petitioner. I lost my job overseas after I came to the U.S. for a visit with Alien Spouse but since its become a dispute, I don't know the actual dismissal date, just estimating. Is the proximity of the job dismissal deemed as Immigrant Intent being under 60 days from arrival? though AOS will be dated 65+ days after arrival.

Q8. Are US based translations services that email PDFs acceptable? USCIS guidance suggests that translation certifications must be originals, but many sources suggest that photocopies are sufficient.

Q9. If 10+ notarized affidavits are used to boost case, no in lieu of evidence but as additional evidence. Can I send photocopies of affidavits first or must they be the originals?

Q10. On I-765 - ther field for A# or I94 doesn't have enough digits for I94 and PDF form is locked. Do I handwrite in the I-94 here?

Q11. On I-130 Q21. I wish to show date through Present but PDF lock only allows dates. Do I handwrite in PRESENT if living together at AOS filing address?

Q12. For I-485 Part 3 B. Is Husband or Spouse the perferred parlance?

Q13. For I-131 - Advance Parole during AOS , Do I need to attach letter of reason for requesting Multiple Trips? Will Travel dates block interview appointments during travel window reported on this form?

Q14. For I-864 - Part 3 - If 1 primary immigrant only. Do Family member categories remain blank? Instructions lacking.

Q15. For I-864 - Part 6- Instructions appear to Contradict Form and Common sense on placing data from main form in 6 a, b,c area. Instructions suggest copying the primary party income there, but instruction then say subtotal the 5c, 6c, etc. which suggested that I should leave it blank. This is a i-864 petitioner and i-864 joint petitioner. No I-864a, not household method.

Help would be much appreciated. Attorney is out of the budget, so we are self filing.