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Posted (edited)

Hi everyone,

My wife recently received her 2 year conditional green card. She is 3 weeks pregnant now. Can she apply for medicaid? Thank you...

She's not supposed to become a public charge, remember making that promise????

Edited by David & Zoila
Filed: K-1 Visa Country: Vietnam
Timeline
Posted

If the sponsor is pregnant is the sponsor eligible for medicaid?

I-129F sent on 12/18/2012
Delivery confirmation confirmed from USPS 12/20/2012
Text/email NOA1 received 12/26/2012 Off to VSC we go!
Check cashed 12/28/2012
NOA1 Hardcopy received 12/29/2012 Priority Date 12/21/2012
Touched, still in Initial Review 01/02/2013

Touched, still in Initial Review 05/24/2013 transferred

Touched, still in Initial Review 05/29/2013 transferred to local office (New Orleans?)

Touched, still in Initial Review 05/30/2013 File now processing

NOA2!!! 06/19/2013

NOA2 Hardcopy received 06/22/2013

Touched, 07/10/2013 sent to DOS

Received case number from NVC 07/15/2013

Case sent to US Consulate in Ho Chi Minh City, Vietnam 07/30/2013

Sent online form to Us Consulate to inquire about packet 3 08/20/2013

Packet 3 Received @ consulate 9/26/2013

Packet 4 Sent via email 01/03/2014

Interview Date 01/27/2014 (submitted requested documents and medical exams records received 03/30 )

VISA APPROVED (Received in hand on April 22)
May 18, 2014 Arrive in US

Wedding date 06/02/2015

AOS Sent: TBD

Posted

If the sponsor is pregnant is the sponsor eligible for medicaid?

Doesn't matter to the sponsor. Beneficiary should not apply for mediaid

-I am the Beneficiary-
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K1 (I-129F) petition filed in August 2013 (Approved Feb 20th 2014)
13th May 2014: AOS (I-485) & EAD/AP combo card
21st May 2014: NOA 1 and biometric letter
11th June 2014: biometric appointment
13th June 2014: RFE received via mail
16th June 2014: replied to RFE
6th August 2014: EAD Approved, AP still in initial review
12th August 2014: got tracking number for EAD
( ) August 2014: Received EAD (I forgot what date I got them but I did receive them less than 5 days from the 12th)
10th September 2014: Interview Waiver received (I wished I was interviewed)
April 23, 2015, we registered your permanent resident status and mailed you a Welcome Notice
  • 7 months later...
Posted

There is a lot of conflicting information on this topic on the blogs. Even lawyers provide conflicting information on whether or not holders of conditional greencards can access medicaid or Obamacare. It seems that people who do not have complete information on the meaning of the AOS offer advice or simply refute immgrant rights to healthcare out of xenophobia. It is best to consult with your local Department of Social Services to see if you qualify for medicaid or Obamacare. According to the USCIS, "public charge" refers to someone who is "primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense," which seems to leave open the possibility of getting healthcare coverage (http://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge).%C2'>

Filed: Citizen (apr) Country: Iran
Timeline
Posted

If you read the instructions for the I-864 http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf and the definition of means-tested benefits on the I-864P http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf you will find that Medicaid is a mean's tested benefit and the sponsor could be sued to pay back any amount used by the sponsored immigrant.

Posted

If you read the instructions for the I-864 http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf and the definition of means-tested benefits on the I-864P http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf you will find that Medicaid is a mean's tested benefit and the sponsor could be sued to pay back any amount used by the sponsored immigrant.

it's also confusing because of this http://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

AOS

AOS EAD/AP sent: July 23rd

AOS EAD/AP received by USCIS( J Ibarra): July 25th

Email and Text Received: July 30th

NOA1 hard copy: August 4th

Biometrics letter received: August 18th

Biometrics appointment: August 29th

Biometrics completed: August 29th

EAD/AP approved: October 3rd

EAD/AP shipped with tracking number: October 9th

EAD/AP received: October 11th

Notice of potential inteview waiver letter received: November 17th

Dated: November 12th

EAD Renewal sent : June 11th

EAD Renewal NOA1 received: June 15th

Welcome letter received: July 2nd Dated: June 26th

Posted

From uscis

What publicly funded benefits may not be considered for public charge purposes?

A. Non-cash benefits (other than institutionalization for long-term care) are generally not taken into account for purposes of a public charge determination.

Special-purpose cash assistance is also generally not taken into account for purposes of public charge determination.

Non-cash or special-purpose cash benefits are generally supplemental in nature and do not make a person primarily dependent on the government for subsistence. Therefore, past, current, or future receipt of these benefits do not impact a public charge determination. Non-cash or special purpose cash benefits that are not considered for public charge purposes include:

Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, short-term rehabilitation services, and emergency medical services) other than support for long-term institutional care

AOS

AOS EAD/AP sent: July 23rd

AOS EAD/AP received by USCIS( J Ibarra): July 25th

Email and Text Received: July 30th

NOA1 hard copy: August 4th

Biometrics letter received: August 18th

Biometrics appointment: August 29th

Biometrics completed: August 29th

EAD/AP approved: October 3rd

EAD/AP shipped with tracking number: October 9th

EAD/AP received: October 11th

Notice of potential inteview waiver letter received: November 17th

Dated: November 12th

EAD Renewal sent : June 11th

EAD Renewal NOA1 received: June 15th

Welcome letter received: July 2nd Dated: June 26th

Filed: Citizen (apr) Country: Iran
Timeline
Posted

We are talking apples and oranges. You are talking about determining if the person will be come a public charge. I am talking about the liabilities of the I-864. The contractual liabilities under the I-864 say if the sponsored person receives any means-tested benefits the sponsor might be required to repay the government.

 
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