Filed AOS within 90 days, need proof of legal status for health insurance

[heithbar11 0]

Hi there helpful community members!

So my wife and I arrived and were wed within 60 days of arriving under her K1 visa. We applied for her adjustment of status within 60 days of her arrival as well. We live in Massachusetts and I'm trying to set her up with our public health insurance. They ask on the application if she has legal status. Since she is not a green card holder yet, legally speaking she does not. However, I am drafting an explanation letter stating that once her I-94 expires, she will be considered under the "period of stay authorized by the Attorney General " which I gather means that she has legal status here until her AOS is either approved or denied.

My question is, does anyone know where I can find some explanation from some official entity saying all that? The closest I could find was this:

http://www.state.gov/documents/organization/87120.pdf

but it states "For aliens who have properly filed an application for adjustment of status

to that of a lawful permanent resident (LPR), the entire period of the

pendency of the application, even if the application is subsequently denied

or abandoned, provided the alien (unless seeking to adjust status under

NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after

deportation proceedings had already been initiated);

I'm just trying to show that she is legally here so she can qualify for full medical coverage because otherwise she only can get emergency medical coverage until her green card comes and then it's another 4 months to get full coverage.

If anyone has any ideas of how I can show that she is legally here besides this that I found, I would greatly appreciate it. USCIS unfortunately has been as helpful as always and can't answer straight questions with straight answers.

Thank you truly for your help.

[Darkmoonfaerie 19]

I was under the impression that a fiance coming over on a K-1 visa does not qualify for public health insurance and would have to be added to a private or work sponsored insurance. I don't know if this changed since the affordable care act went into place.

[aaron2020 11,651]

Hi,

While your wife is legally here, she is not yet a legal resident of the US.

Her current status does not allow her to receive any US benefits. An explanation from you will do no good since your wife is not yet a legal resident.

You need to use private insurance or insurance from your employer.

Sorry.