K1 versus I-130 total time

[CIrcle110 10]

Hi,

My fiancee (a Mexican national) and I are trying to decide how to most quickly get her green card and I am having a hard time deciding whether K1/AOS or I-130 is the way to go. We need the green card so that she can be eligible for the new pre-existing condition health insurance that is part of Obama's health care reform. She has a pre-exisiting condition that would make any US health insurers deny her, so it is the only option for insurance for her.

We currently are living together in Mexico (for the last year and a half), but I have to return to the US for 3 years. She has a B2 tourist visa but she obviously can't live for 3 years in the US on a tourist visa. Plus, marrying in the US on a tourist visa may cause visa fraud suspicion, which we don't want.

We can get married here in Mexico and I can apply for a I-130 or I can apply for a K-1 visa for her and marry once we are in the states. Either option is OK for us and for our families.

It looks like with the I-130 it will take longer but, once approved, she would receive the green card upon entering the country.

With the K-1, it may be a little quicker to get the visa and get her into the country to marry but we would have to do an AOS which will take several more months. During that window of time she would be in the US but not be insured, which seems a little scary.

Any thoughts on which is the quicker overall to get her that little green card and hence the insurance eligibility?

Thanks!

Edited April 29, 2011 by CIrcle110

[danik713 21]

We need the green card so that she can be eligible for the new pre-existing condition health insurance that is part of Obama's health care reform. She has a pre-exisiting condition that would make any US health insurers deny her, so it is the only option for insurance for her.

The legislation you are referring to will not take effect until 2014 - if it is not ruled unconstituional beforehand, which has a 50/50 likelihood. On Monday, April 25th, the U.S. Supreme Court ruled that it will not expedite the hearing on the constitutionality of the Obama Health Care Act. The high Court will eventually receive this case for review, but the 9 justices elected to stick with tradition requiring the cases to move through the court system systematically (federal district courts to federal appellate courts and then to the U.S. Supreme Court). The 4th Circuit Court of Appeals will hear oral arguments on May 10th. This will be the first of the various state lawsuits to be heard by a federal appellate court. So while this may take some time, the various lawsuits are progressing quickly through the court system. The Act is unseverable so if the highly debated individual mandate is ultimately found unconstitutional this would void the entire Act.

You have 30+ months to bring your beloved to the US before "Obamacare" would take effect, this should provide plenty of time for whichever path you may choose to follow. Keep in mind that the legislation will probably make it to the Supreme Court by this time as well.

Good luck with whichever petition you seek to file.

[Casprd 167]

You need to look into specific health care options as the "pre-existing condition" clause in most health care plans is not a blanket "we will never cover this condition" For most plans there is a waiting period before you can have treatment for the PEC. For other plans often HMO's there is often an affiliation period before you can receive treatment but they can't have a PEC waiting period also. And in some cases it depends on if you have ever had treatment before for the condition. For example, I trashed my knee when I was without insurance, but since I never went to the doctor for this, once I changed jobs and had health insurance it wasn't considered a PEC. It will also depend on the PEC. Best to talk to various health care providers or find an insurance broker who can work with you and your situation to find coverage. On a different note, if it is not the type of condition that requires ongoing care (something that can be fixed by a surgery or similar) you might want to look in to some of the overseas medical options or even medical resort options. You can get world class medical care for a fraction of the cost this way. But it all depends on what you are having done, the length of the recovery and if it is something that can be treated that way. Obviously not an option for something that requires long term or ongoing treatment.

[Anh map 2,098]

Direct Consular Filing would be fastest. You would apply for that after marrying. Se the VJ Guide for all the details >> http://www.visajourney.com/content/dcf

[kcnca 1]

I agree since you have been living in Mexico the Direct Consular Filing would be the fastest

[CIrcle110 10]

The legislation you are referring to will not take effect until 2014

This is not quite the case. See here: http://www.pciplan.com/ or here: http://www.healthcare.gov/law/provisions/preexisting/index.html

This is a temporary plan that has been set up by the federal government, started in 2010 and lasting until 2014. 30 States administer the plan themselves, 20 let the federal government administer it.

It is unclear what will happen to this plan if the health reforms are repealed but, for now, it is in effect.

As for finding insurance with exclusions, her preexisting condition is what we need covered and soon. An insurance carrier that would sell us a plan to cover everything but her condition wouldn't be of much help unless the exemption period were very short.

Anyway, a thank you to the folks who suggested the Direct Consular filing. I just finished reading the article here on VJ and it does seem to be our best bet. I was not aware of that option before.