Pregnant. Now what?

[chupie doo 0]

You have free health care as long as you are a legal resident of a province. If you file for a green card, you'll lose your provincial health care because you are no longer qualified since you are a resident of the US.

Be careful not to overstay, I know you have tough choices and I am sorry about that. Please be cautious and plan around your legal stay in the US and offering your baby the best medical coverage.

What state are you in? You can speak to your doctor and often if you do not have insurance you can be put on a cheaper payment plan. What is the reason you cannot get on the insurance? Is it because you are pregnant? Could you and the baby get on after a Cr-1 visa has been issued and you return to the US as an immigrant?

good luck

I'm in California. They said it's because I'm still a visitor. Even after we get married, it'll probably be at least a year before I get my green card. Also, most insurance companies consider pregnancy as a pre-existing condition.

Does it mean that the moment I file CR1, Canada will automatically know (how?) and hence I will lose my Ontario health care? That's not good.

Looks like I will have to leave soon and go through the pregnancy on my own. I guess I will have to move in with my parents, be away from my boyfriend and just be depressed. Honestly, I would not have guessed in a million years that this would be my life.

[canadian_wife 1,829]

No - the Cr-1 is a visa. You'll get a visa from Canada.

When you get your permanent residency, that is when you cannot use Canadian health care. For example, if you stay in the US to adjust status, you cannot go back to Canada to have the baby and use the provincial health care. You would no longer be a resident and you no longer qualify. How would they know? Everything is automated now - its all tied together. Why risk it?

Sorry, I know this is hard, but returning to Canada when your duration of stay is complete to use the provincial health care (which will include the baby and all vaccines, etc) might be your best option

good luck

Edited July 29, 2013 by canadian_wife

[newacct 688]

and I-751 (Adjustment of Status - Visitor to Permanent Resident)

I-485.

I'm in California.

Well, before you get married, if your income is low enough, you can get Medicaid insurance. California's Medicaid is called "Medi-Cal". There is a special type of Medi-Cal for pregnant women, which does not care about immigration status at all (regular Medi-Cal does care about immigration status). And before you're married, your boyfriend's income doesn't count, so you should be able to qualify. Also, you will probably qualify for the WIC (Women, Infants, and Children) program, which lets you buy certain nutritional foods for free.

I'm not sure what happens if you get married in the middle of the pregnancy though. If your (future) husband has decent income, it might disqualify you from the Medi-Cal, and then you will have to depend on his insurance.

Also, most insurance companies consider pregnancy as a pre-existing condition.

Most group insurance plans (e.g. ones you get through your job) do not care about pre-existing conditions. So, for example, your (future) husband's job's insurance.

In addition, most insurance plans will cover pre-existing conditions if you maintained continuous insurance coverage (with a gap of at most e.g. 2 months). And you do have insurance currently (in Canada), so I believe that you would count as having continuous coverage and therefore they would cover pre-existing conditions anyway.

[chupie doo 0]

Well, before you get married, if your income is low enough, you can get Medicaid insurance. California's Medicaid is called "Medi-Cal". There is a special type of Medi-Cal for pregnant women, which does not care about immigration status at all (regular Medi-Cal does care about immigration status). And before you're married, your boyfriend's income doesn't count, so you should be able to qualify. Also, you will probably qualify for the WIC (Women, Infants, and Children) program, which lets you buy certain nutritional foods for free.

I'm not sure what happens if you get married in the middle of the pregnancy though. If your (future) husband has decent income, it might disqualify you from the Medi-Cal, and then you will have to depend on his insurance.

When we decided that I'll come here for the summer, I quit my job. I do not work here (obviously), as I'm on a visitor's visa. Thanks for the info! I'll look into it right now.

[NikLR 13,232]

Yes some of the states allow pregnant women medicare. I did a post on it a while ago in a different thread... let me find it for you!

[NikLR 13,232]

here it is:

http://aspe.hhs.gov/hsp/immigration/restrictions-sum.shtml

http://aspe.hhs.gov/hsp/11/ImmigrantAccess/Eligibility/ib.shtml

[NikLR 13,232]

Your fiance can come visit you in Canada where you will not be worried about medical expenses, and you'd have your family with you. You could continue in either the K1 or the CR1 visa route and make sure the baby has his or her CRBA. You will likely have the support of your family as well. Or you can stay in the USA, get married and AOS immediately and be eligible for California state means tested benefits which are available at no cost to pregnant women.

To be honest, I'd never have a baby in the USA. I can't have children anymore so it's not an issue for me. But if it was, I HAVE to have a c-section. As a normal pregnancy, paid up front is about 10K in the USA, I can't imagine how my pregnancy would have went cost wise. As it is, I'm having a hard time trying to figure out how I'll go about having my yearly exam! >_<

[chupie doo 0]

Thanks guys. You are all so very helpful.

[Udella&Wiz 325]

Your fiance can come visit you in Canada where you will not be worried about medical expenses, and you'd have your family with you. You could continue in either the K1 or the CR1 visa route and make sure the baby has his or her CRBA. You will likely have the support of your family as well. Or you can stay in the USA, get married and AOS immediately and be eligible for California state means tested benefits which are available at no cost to pregnant women.

To be honest, I'd never have a baby in the USA. I can't have children anymore so it's not an issue for me. But if it was, I HAVE to have a c-section. As a normal pregnancy, paid up front is about 10K in the USA, I can't imagine how my pregnancy would have went cost wise. As it is, I'm having a hard time trying to figure out how I'll go about having my yearly exam! >_<

Careful - people who are immigrating are NOT eligible for means tested benefits. That is the whole reason you are sponsored by your spouse (or spouse to be). I do not believe the OP is eligible for any state benefits no matter what her status is...only once she becomes a citizen.

Someone back me up here...unless the immigration rules have changed?

Edited July 30, 2013 by Udella&Wiz

[Lemonslice 4,968]

Careful - people who are immigrating are NOT eligible for means tested benefits. That is the whole reason you are sponsored by your spouse (or spouse to be). I do not believe the OP is eligible for any state benefits no matter what her status is...only once she becomes a citizen.

Someone back me up here...unless the immigration rules have changed?

I think some states do offer some services to immigrants - there is a good overview in the links NLR posted. There was a nice table about what is and isn't considered "mean tested benefit", but I can't seem to find it (it was a more detailed than this: http://travel.state.gov/visa/immigrants/info/info_3183.html#4 ).

Immigrant Eligibility For Medi-Cal

Immigrants who meet all Medi-Cal eligibility requirements can get full or restricted Medi-Cal depending on their immigration status. Immigrants who are not in a full scope eligible immigration status can qualify for restricted Medi-Cal, which covers emergency and pregnancy-related services, if they meet all eligibility requirements. Some immigrants getting restricted Medi-Cal can also get long-term care if they need it. Source:

http://www.dhcs.ca.gov/formsandpubs/publications/Documents/PUB68.pdf

Edited July 30, 2013 by Boston~Montreal

[Udella&Wiz 325]

I see what you mean - the OP should be extremely careful and do research before counting on this as their pregnant medical care

from the link provided above:

What assistance programs are not considered means tested public benefit programs?

The following types of assistance are not considered means tested public benefits and do not have to be repaid.

• Emergency Medicaid
• School lunches
• Immunizations and treatment for communicable diseases
• Student assistance to attend colleges and institutions of higher learning
• Some kinds of foster care or adoption assistance
• Job training programs
• Head start
• Short-term, non-cash emergency relief

[NikLR 13,232]

It is considered a state means tested benefit and can be available to some women in some circumstances in some states, as detailed by my links. It's not available in all states nor to all women, they must be eligible. In some cases the eligibility is the fetus not the woman herself because the fetus will be an American child.

One does have to be VERY careful and know the rules and limitations which is what the two links I provided show.

D. “Federal Means-Tested Public Benefits” — TANF, Medicaid, and CHIP Five year ban for Qualified Aliens who entered the country on or after 8/22/96

Most “qualified aliens” entering the country on or after enactment are banned from receiving “Federal means-tested public benefits” for a period of 5 years beginning on the date of the alien’s entry with a qualified alien status (Sec 403) (see exceptions below). The HHS interpretation, published in theFederal Register on August 26, 1997 (62 FR 45256), designated TANF and Medicaid (except assistance for an emergency medical condition under Medicaid) as the Federal means-tested public benefits administered by the Department. Subsequently, HHS has communicated that the Children’s Health Insurance Program (CHIP) is also a “Federal means-tested public benefit.” The Social Security Administration has stated that Supplemental Security Income is a “Federal means-tested public benefit.” The Department of Agriculture has also stated that SNAP benefits (formerly food stamps) are also means-tested. No other program has been determined to be a “Federal means-tested public benefit” program.

Exceptions to the 5-year ban on “Federal Means-Tested Public Benefits”:

• States have the option to provide Medicaid and CHIP assistance to children and pregnant women who are lawfully residing in the United States without a 5-year delay, and no debt accrues to a sponsor under an affidavit of support on the basis of receipt of such assistance, and the cost of such assistance is not considered an unreimbursed cost. (Sec. 214, P.L. 111-3, Children’s Health Insurance Program Reauthorization Act of 2009)
• Refugees, Asylees, aliens whose deportation is being withheld, Amerasians, and Cuban/Haitian entrants and victims of a severe form of trafficking.. (Sec 403(b)(1))
• Veterans, members of the military on active duty, and their spouses and unmarried dependent children. (Sec 403(b)(2))
• Certain Indians, Hmong, and Highland Laotians are eligible for SNAP. (Sec 403(d))

IV. State and Local Programs

States have authority to determine immigrants’ eligibility for state and local programs, with some conditions. (Sec 411, 412)

A. Eligibility for state/local public benefits

Undocumented immigrants are not eligible for state/local public benefits unless the state passes a new law after 8/22/96 affirmatively making them eligible. No legislation is required to retain access to state and local benefits for non-immigrants or aliens paroled into the U.S. for less than 1 year. (Sec 411(a))

B. States may restrict eligibility

States may restrict the eligibility of qualified aliens, non-immigrants, and certain parolees. They may not restrict eligibility for: refugees, asylees, or aliens whose deportation has been withheld, during their first five years from entry; members of the military, veterans, and their family members; and those who have been credited with 40 qualifying quarters. (Sec 412)

States may not deny access by any alien to state or local benefits that meet the definition of excepted services described in Sec 411(b). States can now require an applicant for state or local public benefits to provide proof of eligibility. (Sec 413)

See this map that shows WHICH states allow WHAT kind of means tested benefits with no financial burden to the sponsor. http://aspe.hhs.gov/hsp/11/ImmigrantAccess/Eligibility/ib.shtml#Medicaid

Medicaid and CHIP

As of March 2011, 22 states and the District of Columbia have chosen to provide Medicaid and CHIP to lawfully present immigrant children and pregnant women who meet the Medicaid state residency requirement (figure 3). Most states cover both children and pregnant women. Five states (Iowa, Montana, Oregon, Rhode Island, and Virginia) cover only children, while one, Colorado, provides coverage to pregnant women only.[12]

In addition, states can provide prenatal care to immigrant women otherwise ineligible for Medicaid and/or CHIP under the CHIP unborn child option using federal matching funds (Kaiser Commission on Medicaid and the Uninsured 2009, figure 3).[13] Eligibility for this coverage does not depend on the woman’s immigration status and is limited to pregnant women only. As of July 2010, 14 states provide prenatal care, labor, and postpartum care to immigrant women under this option. Six states (California, Massachusetts, Minnesota, Texas, Washington, and Wisconsin) have chosen both the CHIPRA option for lawfully present immigrant women and the CHIP option for nonqualified immigrants.

Health coverage for immigrants during the five-year ban is limited to children and pregnant women under CHIPRA in most states, but 14 states and the District of Columbia provide state-only-funded health coverage to immigrants other than children and pregnant women (figure 4). State-only funded health coverage is limited based on age, immigration status, disability, and other criteria. For example, Washington provides medical assistance to qualified immigrants who are seniors and persons with disabilities and receive state-only cash assistance (NILC 2010b, 2010c).

Sixteen states and the District of Columbia also provide some health coverage to select groups of nonqualified immigrants using state-only funding. Coverage varies and, in many instances, is limited depending on age, immigrant status, and disability status (NILC 2010b, 2010c). Most of these states are among the states that also provide state-only health coverage to qualified immigrants.

State Provisions Summary

Table 1 summarizes states’ provisions on coverage to immigrants for the four means-tested federal programs, SNAP, TANF, and Medicaid and/or CHIP. Coverage includes:

• federal/state-funded Medicaid and/or CHIP for lawfully present children and pregnant women under CHIPRA and to pregnant women under the CHIP unborn child option; and
• state-only food assistance, cash assistance, and health coverage to qualified immigrants during the five-year ban.

California, Minnesota, and Washington are the only states that provide all five types of assistance. Several more states (Connecticut, Hawaii, Illinois, Maine, Massachusetts, Nebraska, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Wisconsin) provide three or four of the five types of assistance.

[chupie doo 0]

Thanks again everyone.

It looks like I will just return to Canada shortly. That's what makes the most sense at this point.

I'm not even sure that we will get married. I do not know what the consequences are. Someone here mentioned that once we file CR1, I lose Ontario health care. However, I could not find any information to confirm this. It just looks that as long as I'm a resident of Ontario and do not live outside of Ontario for over 6 months, it's ok. Not sure why would I lose my eligibility when I apply for CR1. I mean, I would still be living in Ontario (and probably won't leave Ontario until a few good months after the delivery in March anyway).

[chupie doo 0]

Sorry, just re-read the previous comments. I lose the Ontario health care when I receive the green card. So that's about a year or two from the time of filing. That means that I can file CR1 in September (if we get married), go to Canada, have my baby and then get the green card and move back to California, correct?

[canadian_wife 1,829]

Correct, filing the I130 for the Cr1 visa path DOES NOT endanger your provincial health care. Once you enter on the cr-1 visa you are automatically a US permanent resident and that is when you lose the health care.

You may return to Canada (be sure not to overstay) as you are a legal Ontario resident you are entitled to OHIP, and have your baby. File for a US passport as the baby will not be issued a visa if he/she has claims to US citizenship.

You may marry now if you prefer and file before you leave the US. OR you can file today for the K-1 visa path

good luck