BDD

It wasn't easy to make this happen with ACA, but we did it and we are very grateful.  Special thanks to @ProbeGT 🙏  and everyone who contributed.

In my eyes, the last several years were a very dark time for our nation and many times I found myself embarrassed explaining how things work in America to our family and friends oversea regarding a variety of matters, but this makes me feel very proud. I hope we can fix our messed up healthcare system in the next several years.

Also, we are now in the Case is Ready to Be Scheduled for An Interview status of adjusting from B2 to LPR. I assume they already reviewed and approved the I-944, but hopefully they'll be able to run them through a shredder soon (if they haven't already) and future applicants don't have to go through the torture.

1 hour ago, HRQX said:

Have you checked local I-485 processing times? Some are longer than others. Filing I-765 could result in getting SSN sooner. For example, some even file I-765 on behalf of their very young children (e.g. 4 years old) for the SSN. Obviously such young children aren't actually going to enter the workforce soon.

Interesting. We will consider that. ACA doesn't require a SSN and I don't think my mother in law will need one, but if there's no good reason not to file, we might as well. 

I suppose we can use the 485 NOA as the date she moved to the US for special enrollment since up until then, she's just been here as a visitor.

We did file for AP,  but no EAD since she's retired with no intentions of returning to the workforce.

2 minutes ago, HRQX said:

This part of the sentence is not relevant in reality for Immediate Relative cases. See @ProbeGT's case to confirm this.

On the contrary. The whole section is about people "Lawfully present" in the US. Also, those abroad can't file I-485 (application to adjust status).

 

Fact is pending I-485 is required in your parent case.

I think I understand better now thanks to your help. I really appreciate all you guys. I'll sleep better tonight!

We mailed the I-485 out today so the ACA marketplace's open enrollment is going to close on the 15th before we'll get a NOA. Does anyone know the official text that states an NOA for 485 makes a person eligible for special enrollment?

32 minutes ago, HRQX said:

Federal law is explicitly clear; see 45 CFR § 152.2. In your case, the enrollee must "have a pending application for adjustment of status." I-130 notices don't prove that there is a pending I-485.

You're right. We didn't file for an EAD since my mother in law is retired, but looks like that would have made her eligible for ACA as well.

Actually what it says in there is (vii) Aliens whose visa petitions have been approved and who have a pending application for adjustment of status.

So in the case of someone who is adjusting from a B2 visa, is there ever a "visa petition" like there is when the immediate relative of the I-130 is outside of the US and needs a visa to enter?

One way to interpret that makes it seem like the I-130 has to be approved first perhaps regardless of where the beneficiary is, but on the other hand it's almost like it wasn't written to address I-130 and AOS for those already in the US.

6 hours ago, neo_ny said:

That makes a lot of sense, thanks for sharing!  I read your post on the other thread and it seems like the person you helped with ACA had a I-551 stamp?  I know you mentioned NOA1 seems sufficient to get coverage and I agree that it would fall under "waiting to adjust to LPR status" bucket so it should qualify as one of the accepted statuses as per the language in the ACA.  I remember trying to play around on the healthcare.gov website but seemed to reach a dead end when the "system" tried to verify the identity, and that's not straight forward anymore since there is no SSN/history yet.  I had another related question for you - did you have any plan choice that would provide in-network coverage throughout the country?  From my cursory review it seemed like the plans that showed up were state specific? My sister lives in a different state and I was wondering if I could sign my mom up for a plan that would work in both states?

My mother in law does not have a SSN or likely any history in the US so we submitted her foreign Passport and B2 visa to verify identity and it went through in a few days.

The phone reps were no help at all. They have no knowledge about how to help immigrants. They internally worked together and could only tell me that we can only apply if there is a GC or Visa number (well, we have  B2 visa number)... THEN they told me that the AOS is NOT a special enrollment event. To just get off the phone with them, we agreed it's a "grey area" but it's actually written in black and white. I may try to blaze a new trail and apply with only having the I-130 and see what happens. By the new year, we should have a NOA for 485 as it will go out in the mail probably tomorrow.

Not surprised that they didn't call me back today...

https://marketplace.cms.gov/technical-assistance-resources/assister-guide-to-immigration-section.pdf

This is what I plan to discuss with them.

Quote

2. Special Rules for Immigrants with Income Under 100% of the FPL. In general, financial assistance through the Marketplace is only available for individuals who have income between 100% and 400% of the FPL and are otherwise eligible. However, there is a special rule in the Affordable Care Act that allows lawfully present individuals with income below 100% FPL who are ineligible for Medicaid or CHIP based on immigration status, to get financial assistance through the Marketplace, if otherwise eligible.

Along with

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

Quote

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.

@ProbeGT @neo_ny

I spoke with the phone rep today and they told me the NOA for I-130 was enough for her to enter during open enrollment, but! I'm not sure I believe it. Like ProbeGT and missads have predicted, the rep pushed us toward Medicaid and after I explained how we are wanting to avoid public benefits, they said they'd need to consult with someone else and get back to me.

On 12/4/2020 at 10:10 AM, ProbeGT said:

See my post here:

If you are going though the AOS process and have a valid NOA1 document, you can can apply for insurance through the ACA. 

 

Thanks so much for such a thoughtful and well articulated post.

We are waiting to get in touch from an ACA specialist in our state. I have read through missads' entire thread and I still have a few a questions.

My mother in law does have a foreign pension. It's not much, like 3500 USD a year. I'm aware IRS taxes income world wide, but also believe she makes so little that she doesn't need to file taxes at all though I understand we should (evidence for ACA and not claim her as a dependent.)  Do we report $0 for ACA (she doesn't have any income in the US) or $3500; maybe there isn't any difference. I'm mostly asking because in all the great advice I've seen shared on this site, pensions are not acknowledged by anyone who's successfully enrolled a few years in succession.  

Secondly, we will soon send in the AOS, but plan to ask our state rep if a NOA for I-130 is already enough for us to file during the open enrollment period...that's probably a long shot, but I've seen some documents from another state list I-130 as acceptable evidence; the marketplace website of course just says 797 are accepted, but not which kind. If that doesn't work, it's my understanding the AOS is a special event (or qualify event in common insurance lingo) so we can enter once we get the NOA for 485.

If there's any input you could provide, we would really appreciate it! Thanks again!

My wife recently became a citizen and though her mother entered the county earlier in the year (before COVID, we got an I-539 extension) with none of us having the intention of her ever applying for a GC. After a change of heart, we filed a I-130 and plan to file a I-485 with supporting forms I-131, I-864EZ, and I-944.

We've been through the K1 process and the strange period where one does not have a status as they are adjusting their status. It seems that in early 2021 when my mother in law's B2 visa stay is up that she would be in the same position. One difference between this and the K1 process is we have no opportunity to have my mother in law apply for a SSN or at least that's my understanding.  

Not having a SSN and/or not having a status seems like it's going to complicate things for medical insurance for my mother in law. I've searched for answers on this forum and elsewhere, and I'm just the most confused I've ever been during our immigration journey.

Now there's the new I-944 form (which really isn't applicable to our situation at all) that asks about medical insurance and though we can say she has (traveler's) insurance at present, we are struggling to understand what our medical insurance options are for going forward. We live in a small state so safe to assume the local agents aren't going to understand this situation so before we reach out to them, I was hoping that some of the experts here might be able to help and/or have been through the same\rare situation.

Confirming we got approved for the full 6 months requested.

1 hour ago, simplyurs1721 said:

Do you mind me asking how long of an extension did you get given that the process is taking so long. I am still here but have not received anything other than the receipt number. Applied on the 14th August.

 

We applied for the maximum additional 6 months. We actually haven't got the official document letter yet, but our status says request approved so maybe it's wishful thinking that they gave us the full 6 months. After we applied, it was 5-6 months of nothingness until we heard back from them.

28 minutes ago, deborabr said:

That is awesome! We got the biometrics appointment letter but they scheduled the wrong office =( so we had to request a new appointment because due to covid they are not accepting walk-ins.

Dang. The good news is that it would seem you'll get an answer not long after biometrics.

We got approved. It took about 6.5 months after we filed, but we did have one RFE along the way. Best of luck to everyone else.

On 9/26/2020 at 1:29 AM, deborabr said:

Nice! I called USCIS but I was told we were still within the 5-7 months window so we wait 😃

Did you complete biometrics already? Got any response? 

Ha! It got delayed another few weeks.

We filed for 751 and then N400 a year later and had a combo interview. So over the past several years we used an expired green card with a 12 month extension letter at first. Then we got an additional 18 months extension letter. Then we had to drive 10 hours to a USCIS center to get a stamp in the passport to travel.

Now just weeks away from an oath, we receive a 10 year green card in the mail 🤯

On 9/14/2020 at 12:43 AM, deborabr said:

Hello BDD I believe we applied around the same time. Did you receive a notice to complete biometrics? We applied April 14 but have not heard anything since. Getting a little worried!

Yes

We received a notice of a biometric appointment a few weeks out. I hope this is good news. 

Finally. My wife passed the civics exam and was approved today. Now waiting for the oath ceremony.

Applied for an extension in mid April for my mother in law and still haven't heard anything. We requested an additional 6 months and good thing since it'd be problematic if we requested less and she would leave before any response since it's my understanding that would void the request and result in an over stay.

You'll likely get notice soon of the rescheduled date. Do not go.

On 7/27/2020 at 3:47 PM, YecaCruz said:

Ah that does stink! But as was mentioned it's good to see a little movement in ND!

They rescheduled us and we are so thankful that the interview this time around will be held in Fargo! Sure beats driving to Minneapolis!

21 hours ago, aa1979 said:

 

Glad to see something is moving.  What does your case status say about the estimated date of completion? and if you are passed that date, did you try to call them to see ?

We're passed it and it just says something like "it's taking longer than normal." Haven't bothered to call them. Below is the message we got. I'll report back if we give them a call.

This is to advise you that, due to unforeseen circumstances, we have had to cancel the previously scheduled interview on XXXX at XXXX      for the above applicant. We regret any inconvenience this may cause.We will advise you of any further action taken on this case, including any rescheduled interview appointment information, under separate notice

On 7/10/2020 at 3:36 PM, India_delta said:

I wondering the same , for those who are getting interviews which month have you applied ? 

 

Thanks 

We just had an interview scheduled and then cancelled/de-scheduled the next day.

November 2018 for N-400. I-751 was a year prior.

We filed for my wife's I-751 in November of 2017 and the N400 a year after. We finally have an interview coming mid August. On the letter, it does not state that I, as a spouse, am allowed in. I'm guessing this was different before Covid-19.