Green Card and AOS

[ThailandExpat 0]

My wife legally entered into America on an IR1 visa this past May. I paid the $160 processing fee for her Green Card in April while we both were still in Thailand. When I paid USCIS assured us that we would get the Green Card within 45 days of the payment provided we were in America at that time. At our POE the immigration officer told my wife that she would receive it within 30 days. As of today we have not received it. Yesterday, I was informed that it should be within the mail sometime by mid-August by a supervisor at USCIS. Without her Green Card my wife is unable to get a job because she is unable to get a social security number. I was hoping that my wife could work as a teacher in my county since she has teaching credentials from both the Philippines and from Thailand. I already contacted my congressman’s office over this and they told me that there is little that they could do to help us. Do we have any recourse other than sitting tight and hoping for the GC to arrive in the mail?

The second question revolves around the affidavit of support that I signed. Since coming back to the states I have filled out 300 job applications and I have yet found full time employment much less one that offers any medical benefits. Yet, my wife is two months pregnant I am deeply embarrassed to ask this but would my wife be able to qualify for emergency Medicaid, as stipulated by the AOS that I signed, if by the time of her delivery we have no insurance and no means to pay for the birthing?

[Lainie B 465]

Her I-551 stamp in her passport is her temporary green card until she receives her green card in the mail, valid for 1 year. She can get a SSN with this.

Edited July 23, 2014 by Lainie B

[Ryan H 3,812]

Her I-551 stamp in her passport is her temporary green card until she receives her green card in the mail, valid for 1 year. She can get a SSN with this.

OP,

The temporary green card is the visa itself endorsed by a standard CBP entry stamp (CBP is no longer placing special I-551 stamps in passports of immigrant visa holders). If your spouse has not yet received her SSN card, then go to the nearest office and obtain one. The previous poster is correct, a temporary green card can be used to obtain a SSN card and number.

**Moderator hat on**

***Moved from IR-1/CR-1 Process & Procedures to Moving to the US and Your New Life In America forum; topic is about issues post POE and note about the visa process itself.***

Edited July 23, 2014 by Ryan H

[dwheels76 5,468]

The second question revolves around the affidavit of support that I signed. Since coming back to the states I have filled out 300 job applications and I have yet found full time employment much less one that offers any medical benefits. Yet, my wife is two months pregnant I am deeply embarrassed to ask this but would my wife be able to qualify for emergency Medicaid, as stipulated by the AOS that I signed, if by the time of her delivery we have no insurance and no means to pay for the birthing?

No she would not qualify for medicare that is a government means tested benefit. Look into "Obamacare" they have subsidies for people who don't meet the income requirement.

[ThailandExpat 0]

OP,

The temporary green card is the visa itself endorsed by a standard CBP entry stamp (CBP is no longer placing special I-551 stamps in passports of immigrant visa holders). If your spouse has not yet received her SSN card, then go to the nearest office and obtain one. The previous poster is correct, a temporary green card can be used to obtain a SSN card and number.

**Moderator hat on**

***Moved from IR-1/CR-1 Process & Procedures to Moving to the US and Your New Life In America forum; topic is about issues post POE and note about the visa process itself.***

I have contacted all of the local offices in my area and they have all told me that we are unable to apply for a SSN unless we have the Green Card even though I have explained to them that she has an IR-1 visa and she recently got her driving license.

[ThailandExpat 0]

No she would not qualify for medicare that is a government means tested benefit. Look into "Obamacare" they have subsidies for people who don't meet the income requirement.

I doubt that you have looked at how much a bronze level plan under the ACA would costs and the extremely high co-payments. Getting subsidies to meet the insane prices of the ACA just got alot more complicated since I am in a state that choose not to set up their exchanges. Regardless, I believe that you may be getting confused between "means tested" and "emergency Medicaid". Emergency Medicaid, which is clearly listed on the aos form, is not a means tested benefit from the research I have done. . Below is an authoritative document explaining what this is and how it is applied to each state which may be of some values to others.

http://niwaplibrary.wcl.american.edu/public-benefits/health-care/17.1_Emergency-Medicaid-Chart-MANUAL-ES.pdf

While states are constrained by federal law in their ability to provide public benefits to certain types of “non-qualified” aliens, all states provide them coverage for emergency medical services. While program features and restrictions vary somewhat across the states, most have borrowed essential definitions and restrictions from federal law. Thus, there is some degree of conceptual uniformity. For example, because the federal Personal

Responsibility and Work Opportunity Reconciliation Act of 1996 (“PRWORA”) allows the provision of only emergency benefits to nonqualified aliens, most states have borrowed the federal definition of “emergency medical condition” in order to ensure their compliance.

This information is current as of November18, 2010. It is intended to provide an overview regarding health benefits and emergency Medicaid for each state.

*****************************************************************************************************************************************************************************************************

“Emergency medical condition” is defined at §1903(v)(3) of the Social Security Act (“SSA”) (42 U.S.C. §1396b(v)(3)) as a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in (1) placing the patient's health in serious jeopardy, (2) serious impairment to bodily functions, or (3) serious dysfunction of any bodily organ or part.

http://www.ssa.gov/OP_Home/ssact/title18/1867.htm

Edited July 24, 2014 by ThailandExpat

[Tango777 3]

My wife (now) and I walked into a SS office (before we were married), got a ticket number, waited an hour to get called, went up to the window, handed over her passport. We did not have some number, I forget, her alien ID or something, you get it online, but the guy let me take the time to look it up on email on my phone. All done, we got her SS card in the mail about 3 weeks later. No questions asked about anything. The card does say cannot work until her passport visa is stamped permanent. This was in June, her EAD and AOS should arrive about a month from now.

[KayDeeCee 4,893]

The process is different for someone entering on a K-1, and you will never have any permanent stamp placed on the K-1 visa. You get it stamped upon entry, and then the K-1 visa is null and void. The EAD or green card are what is needed for the K-1 entrant, along with the SSN, to begin working.

OP > Entering with a spousal visa allows you to get an SSN and work right away, since you have permanent residence status already. That status began when you entered and they stamped the visa, not when you receive the green card.

From the SSA site about what documentation a non-citizen needs > http://www.ssa.gov/ssnumber/ss5doc.htm

What original documents do I need?

Immigration status

To prove your U.S. immigration status, you must show us your current U.S. immigration document, such as Form I-551 (Lawful Permanent Resident Card, Machine Readable Immigrant Visa) with your unexpired foreign passport

Edited July 25, 2014 by KayDeeCee

[ThailandExpat 0]

The people at my local SS office are totally clueless then. I tried to swing by there Friday but arrived at 3:15 pm. Little did I know the office closed at 3:00 grrr. Anyway, I went back yesterday with my wife and spoke with a young 20 something year lady who was manning a counter. We gave her my wife's passport with the IR-1 visa, my wife's birth certificate, Tennessee driver's license, all the paperwork concerning my wife's visa and a printout of the link that KayDeeCees provided. After consulting with a fellow co worker the young lady informed us that she could not use the "temporary I551" that on my wife's Ir-1 visa. She needed the the card which (i could have misunderstood her on this so please do not take this a the gospel) is on back side of the Green Card. As per the regulations that she told me she needed to physically inspect the card to ensure that it was legit and to swipe the magnatic strip onto her computer. She advised me to continue on waiting for the Green Card to arrive via mail. This is sooooooo frustating!!!!!!

[Umka36 781]

Besides emergency Medicaid to pay for the birth, do you already have in place the prenatal care prior to the delivery? All I can say from my experience is that it only gets much more expensive after the baby is born. I suggest try to plan beyond just the birth.

[ThailandExpat 0]

I would hope so but who knows what's in store for us. Never in my life did I imagine that I would have all the trouble finding a job once I returned back to the states nor did I ever imagine that my wife would experience so much trouble in getting her Green Card / Social Security Number. There was a teaching job lined up for my wife at a school but they had to fill that position because school is starting in a week or so. All she needed to get this job was the ssn. I was also hoping to have a decent paying job (10-11 dollars an hour) with some decent benefits when I arrived yet 300 job applications later I am struggling to find even part time work that pays 7:25 an hour. We are currently living off of our saving that we had while abroad. Neither of us enjoys the prospect of begging for government support and I much rather die than to ever go on food stamps or other "benefits". Heck, if I wanted to, I would qualify for full disability right now even though I am 34 years old yet I refuse to even entertain that notion. So to answer your question directly Umka, I would hope that I am in a position to take care of our child. That's the only answer i can possibly give to you right now.

[Umka36 781]

Have you tried using a temp agency?

[ThailandExpat 0]

yes.

[ThailandExpat 0]

Hopefully this post would merge into my previous one but temp agencies usually offer little to no benefits. I applied to one yesterday and they told me that I would either have to enroll onto the ACA (bronze level plan is way to expensive and unafordable) or to pay the penality. they did have limited coverage for dental, vision, and life but nothing for my wife.