State Health Benefits, etc.

[GlenAndLisa 0]

Greetings! My husband and I have been through our Visa journey and we are now living happily in our home in the U.S.

I was working full time and had health benefits through my job, but recently had to step down to part time. I no longer have benefits, and my husband is unable to get any until next July when they have open enrollment at his job. My question is this: I know that if my husband becomes a public charge (or at least I have heard) that we would have to pay back any money the government gave us, times 5 (or something to that effect). What about me? Being that I am part time, I would qualify for state health benefits, but would I have to pay that money back? Or does this just apply to him? Also, if he ever happened to lose his job, can he claim unemployment, or is this also considered being a public charge? And when does this rule stop? After lifting of conditions?

[JimVaPhuong 4,863]

Greetings! My husband and I have been through our Visa journey and we are now living happily in our home in the U.S.

I was working full time and had health benefits through my job, but recently had to step down to part time. I no longer have benefits, and my husband is unable to get any until next July when they have open enrollment at his job. My question is this: I know that if my husband becomes a public charge (or at least I have heard) that we would have to pay back any money the government gave us, times 5 (or something to that effect). What about me? Being that I am part time, I would qualify for state health benefits, but would I have to pay that money back? Or does this just apply to him? Also, if he ever happened to lose his job, can he claim unemployment, or is this also considered being a public charge? And when does this rule stop? After lifting of conditions?

There is no "times 5" provision, that I'm aware of. If he collects means tested benefits, then the government can sue you for reimbursement. This obligation on your part ends when he becomes a US citizen, or collects 40 quarters of Social Security work credits (10 years of continuous work), or loses his status and leaves the US, or either of you dies.

You can collect anything you are eligible for without penalty. You are only subject to being sued if HE collects means tested benefits.

Unemployment is insurance paid for by your employer. It does not qualify as a means tested benefit for the purpose of the affidavit of support. He can collect unemployment payments if he is laid off.

He should check with his employer's HR department. Losing insurance coverage through a spouses employer may qualify as a "life changing event", and he may be eligible to sign up for his employer's health insurance without having to wait for open enrollment. If that's the case, he can probably add you to his employer's health insurance, as well. Most employers have a strict time limit on this, though. He should act quickly.

[GlenAndLisa 0]

There is no "times 5" provision, that I'm aware of. If he collects means tested benefits, then the government can sue you for reimbursement. This obligation on your part ends when he becomes a US citizen, or collects 40 quarters of Social Security work credits (10 years of continuous work), or loses his status and leaves the US, or either of you dies.

You can collect anything you are eligible for without penalty. You are only subject to being sued if HE collects means tested benefits.

Unemployment is insurance paid for by your employer. It does not qualify as a means tested benefit for the purpose of the affidavit of support. He can collect unemployment payments if he is laid off.

He should check with his employer's HR department. Losing insurance coverage through a spouses employer may qualify as a "life changing event", and he may be eligible to sign up for his employer's health insurance without having to wait for open enrollment. If that's the case, he can probably add you to his employer's health insurance, as well. Most employers have a strict time limit on this, though. He should act quickly.

Hmm, didn't know it would be a case of us actually being sued. Not that it's an issue. We're not planning on him being a public charge. Thanks for the help!

[JimVaPhuong 4,863]

Hmm, didn't know it would be a case of us actually being sued. Not that it's an issue. We're not planning on him being a public charge. Thanks for the help!

The IRS and your state's tax authority are pretty much the only government agencies that can take your money without a court order. Most other government agencies would have to get a court order before they could force you to pay; i.e., they have to sue you. The "legalese" on the I-864 you signed states:

If a Federal, State or local agency, or a private agency provides any covered means-tested public benefit to the person who becomes a permanent resident based on the Form I-864 that you signed, the agency may ask you to reimburse them for the amount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount that the agency believes you owe.

If you are sued, and the court enters a judgment against you, the person or agency that sued you may use any legally permitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection, including attorney fees.

[damulag 26]

My wife has insurance through her company and I have health insurance through my company. If my wife looses her health insurance due to job change or moving to part time and loosing her benefits I can add her to my insurance before open enrollment because her loosing her benefits is a "life changing event" like marriage or a child being born. You should have you husband check to see if you loosing your benifits is a life event, if his insurance has provisions for that. With mine it had to occur within 30 days of filing the paperwork with the insurance company.

[GlenAndLisa 0]

My wife has insurance through her company and I have health insurance through my company. If my wife looses her health insurance due to job change or moving to part time and loosing her benefits I can add her to my insurance before open enrollment because her loosing her benefits is a "life changing event" like marriage or a child being born. You should have you husband check to see if you loosing your benifits is a life event, if his insurance has provisions for that. With mine it had to occur within 30 days of filing the paperwork with the insurance company.

Too late for that. I've been part time since the end of November.