Obamacare and pending AOS

[cocomaya 2]

Hi everyone,

I know that people on here are super helpful and knowledgeable so hopefully someone can give me some answers.

I am Canadian who got pregnant while visiting my then-boyfriend who is American citizen. I stayed in the US, got married (before the 6 month visa expired, though, Canadians don't get I-94) and applied for the green card and AOS. My husband and father in law sponsored me. A couple of weeks ago I had my biometrics appointment.

My problem is health care. I am currently on Pregnancy Only Medi-Cal. We are paying for my non-pregnancy related medical appointments out of pocket.

The lady who helped us with the paperwork for Medi-Cal said that my green card application will not be affected. Also, according to the Federal Guidance on Public Charge (October 2013), I am not considered a public charge.

Now, on or before March 31, 2013, both my husband and I need to obtain health insurance. Since I am not working (I don't have work permit and I'm pregnant), my husband's income allows him to be enrolled under the ACA. My understanding is that this is subsidized by the government. Accordingly, will that be a problem with my AOS and green card?

I am also very concerned that while my AOS is pending, I am in a limbo and cannot enrol in any health plan. My baby is due March 31 (last day to enrol btw). What on earth am I supposed to do? Looks like I will have to be stuck without insurance until I get my green card, correct? Yikes.

My last question - since my baby may be born after the March 31 enrolment deadline, how do I ensure that the baby gets a health plan? This gives me major anxiety. Also, just like my husband, the baby will qualify for a plan under ACA or possibly even MadiCal. Will that affect my green card and AOS?

Any information will be greatly appreciated.

[LORIEandPHIL 123]

I'm still waiting for my green card, but we applied for "Obamacare" and I qualified for it.. Had my first doctors appointment today. You should really sign up for it straight away, it will save you a fortune.

[BabyFaceWife 11]

I was also able to put in my husband's info and get quotes for him for costs. I think once you've been issued a social security number then you can apply?

I don't think they can hold receiving ACA against you because it is now law that we have to have health insurance. You aren't being a burden to the government because you will be contributing to the cost of your health insurance, unlike public assistance or Medicaid.

I think we're all still in a very grey area with ACA and I don't think anyone knows yet how it will play out! But for your sake and the baby's, get the insurance.

[cocomaya 2]

I'm still waiting for my green card, but we applied for "Obamacare" and I qualified for it.. Had my first doctors appointment today. You should really sign up for it straight away, it will save you a fortune.

I want to keep Medi-Cal for the remainder of my pregnancy, so that I do not have to change my doctor and the hospital I will deliver at. It's really tricky.

I am hoping that the baby will come early, before the March 31 deadline (and due date!) and I will be able to enrol in Obamacare. However, what happens when I have the baby AFTER March 31. I think I'll be screwed. So stressful!

I was also able to put in my husband's info and get quotes for him for costs. I think once you've been issued a social security number then you can apply?

I don't think they can hold receiving ACA against you because it is now law that we have to have health insurance. You aren't being a burden to the government because you will be contributing to the cost of your health insurance, unlike public assistance or Medicaid.

I think we're all still in a very grey area with ACA and I don't think anyone knows yet how it will play out! But for your sake and the baby's, get the insurance.

I don't have a social security number though.

Again, I am on Medi-Cal Pregnancy Only, so I am receiving pregnancy related health care and I think it gives me coverage for 60 days post delivery.

[BabyFaceWife 11]

I guess your process is a little different then ours then. My husband got his SSN before we even got married, just 2 weeks after he got into the country. All he needed to get it was his I-94.

[jeffnogo 1]

From what I've learned, you can get the SSN number at a variety of times. The ideal way being after you arrive and before you get married. If you are a female and wait until after the marriage, assuming you are changing your last name, you'll have a name mismatch when they try to set up your SSN at the SS office. While the policy says that if you present a legal marriage license declaring the name change, the mismatch doesn't matter, but that requires the SS office personnel to know what they are doing. Beyond that, I believe you have to wait until you get your green card or if you applied for one, your EAD, which should come faster.

As for ACA, we live in Maryland so we're using the Maryland specific website, so this solution may not work for you. However, my wife doesn't have her SSN yet either, and they told me that since I have a SSN and she is my wife I can register under my name/SSN and add her as a resident of my household and no SSN will be required for that.

[cocomaya 2]

From what I've learned, you can get the SSN number at a variety of times. The ideal way being after you arrive and before you get married. If you are a female and wait until after the marriage, assuming you are changing your last name, you'll have a name mismatch when they try to set up your SSN at the SS office. While the policy says that if you present a legal marriage license declaring the name change, the mismatch doesn't matter, but that requires the SS office personnel to know what they are doing. Beyond that, I believe you have to wait until you get your green card or if you applied for one, your EAD, which should come faster.

As for ACA, we live in Maryland so we're using the Maryland specific website, so this solution may not work for you. However, my wife doesn't have her SSN yet either, and they told me that since I have a SSN and she is my wife I can register under my name/SSN and add her as a resident of my household and no SSN will be required for that.

I was looking into obtaining SSN in California as I need it to get a driver's license. Apparently, they only issue SSN to people who work and/or have a work permit/visa. Tourists (which was my case) cannot obtain SSN here. It's really quite annoying. It looks as though I can't get a driver's license until I get my green card.

[jeffnogo 1]

If you filed the optional I-765 with your I-485, you should receive a work permit (EAD) before you'll get your green card.

[cocomaya 2]

If you filed the optional I-765 with your I-485, you should receive a work permit (EAD) before you'll get your green card.

I didn't file I-765 as I'm not planning on working anytime soon. It just didn't make sense, since I'm pregnant.

[jeffnogo 1]

Indeed, but it's a simple form and a faster way of being eligible for a SSN, so it has that advantage. Since your I-485 is still in process you should still be able to send in the I-765 now and not have to pay for it. It will still probably arrive before your green card.

[cocomaya 2]

Indeed, but it's a simple form and a faster way of being eligible for a SSN, so it has that advantage. Since your I-485 is still in process you should still be able to send in the I-765 now and not have to pay for it. It will still probably arrive before your green card.

Thanks for the tip. I actually didn't realize about SSN and driver's license until after I have already mailed all my paperwork.

[okieag 6]

not sure why people dont take the extra 1 hour's time to apply for EAD/AP.....especially EAD which has so many benefits. SS, DL, etc...

...not to mention the fee is covered by the cost of AOS.

Edited January 24, 2014 by okieag

[KayDeeCee 4,896]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - OP adjusting from tourist ~

[Hypnos 6,578]

You still can file an I-765 and / or I-131 if you wish; simply complete the application(s) and enclose a copy of the NOA from your I-485 to show you have paid the fee.

[mrjack 9]

I don't know if this applies in your case but food for thought. ACA requires you to take expanded Medicaid if you qualify for it. Medicaid is a public charge and couldn't find any distinction for expanded Medicaid. Clusterfffff