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Posted

Inaccurate - F1s are also required to have insurance. However, coverage is usually included in your school registration and this is sufficient.

The schools I went to provide no insurance as part of registration and anyone here under 5 years was not

subject to the "legal presence" aspect of the law.

https://www.irs.gov/Individuals/International-Taxpayers/Exempt-Individual-Who-is-a-Student

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Posted

Yes, you are required to have health insurance. Welcome to the land of the free.

I wrote a full detailed account of our AOS process, timeline, AP use, and interview on my blog. You can read it here.

Read our experience clearing immigration with an expired green card and extension letter here.

F-1 AOS Journey

Spoiler

10/05/15 - Mailed AOS Package (I-130, I-485, I-864, I-693, I-131, I-765, G-325As, G-1145)

10/07/15 - AOS Package delivered to Chicago Lockbox

10/14/15 - Received four NOA1s via e-mail & text notifications that USCIS received our case. Routed to National Benefits Center for processing

10/15/15 - Checks cashed

10/19/15 - Received four hard copies of NOA1s in the mail

10/23/15 - Received biometrics appointment in the mail. Scheduled for 11/03

10/26/15 - Failed early walk-in attempt for biometrics at Boston location

11/03/15 - Biometrics appointment in Boston

11/10/15 - AOS case status changed to "Ready to be scheduled for interview"

12/21/15 - EAD/AP approved

12/24/15 - EAD/AP mailed

12/30/15 - EAD/AP delivered

03/17/16 - Interview scheduled for April 20th

04/20/16 - AOS Inteview - Boston, MA - APPROVED!

04/25/16 - Approval notice received in the mail

04/26/16 - Green card mailed

04/29/16 - Green card delivered

 

ROC

Spoiler

02/20/18 - Mailed I-751 Package

02/23/18 - I-751 delivered to CSC

02/28/18 - Check cashed

03/02/18 - NOA1 received in the mail

05/12/18 - Notice that previous biometrics will be reused

08/24/18 - Received 18 month extension letter (courtesy copy)

10/22/18 - Received the "revised notice" with the correct 18 month extension letter--on green paper this time.

02/27/19 - Card mailed notification via Case Tracker mobile app

03/01/19 - Both approval letter and new green card delivered

 

N-400

Spoiler

03/02/19 - Filed N-400 online

03/02/19 - NOA1 via online portal

03/09/19 - Biometrics scheduled

03/12/19 - Biometrics appointment appeared in Documents tab in online USCIS account

03/13/19 - Successful early walk-in for biometrics 

11/13/19 - Interview

Seizetheglobe.com

Posted (edited)

As a non-alien resident? I don't think so. I did not and there was no penalty. The OP is not yet a permanent resident.

It has nothing to do with residency, IRS will penalize for not having health insurance. Obamacare.

"The fee for not having coverage in 2015

If you don’t have coverage in 2015, you’ll pay the higher of these two amounts:

  • 2% of your yearly household income. (Only the amount of income above the tax filing threshold, about $10,150 for an individual, is used to calculate the penalty.) The maximum penalty is the national average premium for a Bronze plan.
  • $325 per person for the year ($162.50 per child under 18). The maximum penalty per family using this method is $975."

For 2016 will be more.

Edited by waitoolong
Posted

Please read my updated posts. F1 students are exempt.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Filed: Citizen (pnd) Country: Serbia
Timeline
Posted

It would be more accurate to say that F1 students can/may be exempt in that F1s who're filing taxes as NRAs are exempt as "bona fide resident of a foreign country for the tax year", but those who are filing as resident aliens for tax purposes are AFAIK not exempt and are subject to the tax penalty.

I realize that you might be able to extend your NRA for tax purposes status even after the five years by showing closer ties to a foreign country, but for a lot of people it's more beneficial to be a resident for tax purposes (less taxes) and those people need to be aware of the healthcare requirement (although, most students are required to have health insurance by the university making the point moot for a lot of them other than it might actually be cheaper to get onto a Marketplace plan than to continue to pay for the school provided plan).

Posted

Please, being that the year is almost over if I get an insurance plan from my emloyer this Nov will I escape the IRS penalty? I started work july,2015

Depending on your employer, the plan you'll sign up for in November is usually open enrollment for 2016, so won't count for the tax year 2015.

Mar 2014 - Married

5/7/14?? - Attorney mailed paperwork

5/15/14 DHS cashed check

5/19/14 - NOA1 received with PD 5/12/14

10/17/14 - NOA2 received

10/28/14 - Email received that file has been sent to NVC

11/13/14 - NVC received file

12/10/14 - NVC Assigned case number

12/12/14 - AOS Fee Invoiced

12/13/14 - Submit email to NVC to remove attorney as DS-261 Agent

12/16/14 - AOS Fee showing as Paid

12/17/14 - IV Fee invoiced

12/20/14 - IV fee available and paid

12/27/14 - DS-260 submitted

1/2/15 - AOS and IV packages sent to NVC

1/5/15 - USPS delivered packages to NVC

1/7/15 - NVC scanned in packages. Let the countdown begin...

1/30/15 - FINALLY got a reply to my email to remove the attorney from the DS-261

3/9/15 - Called NVC and they have checklisted us for an "incorrect" decree absolute from the UK, even though it is the legal official document. Have requested a supervisor review.

4/28/15 - Called and NVC said supervisor had reviewed and now claimed that the decree absolute was not included. After disagreeing with the less than helpful lady on the phone, and her not being able to get the review time right. (She kept changing her story between 42 days and 30 days).

4/30/15 - Sent the same copy of the decree absolute to the NVC from the UK, highlighting the "decree absolute" wording with a letter stating that this is the only document provided by the UK government.

5/6/15 - Scan date for checklist received.

6/5/15 - Case complete!!!

6/12/15 - Called and interview is scheduled for July 1!

6/14/15 - Received email with interview date and instructions.

6/19/15 - Case showing as ready on CEAC.

7/1/15 - Approved at interview!!!

7/6/15 - CEAC changed to Administrative Processing

7/7/15 - CEAC changed to Issued!!!!!

7/10/15 - Passport and packet delivered!

7/29/15 - Husband entered with visa at Dallas/Fort Worth airport

9/29/15 - GC delivered!!!

5/4/17 - ROC packet sent via USPS

5/9/17 - Tracking shows delivered

5/17/17 - Check cashed

5/19/17 - NOA1 received with date of 5/8/17

5/27/17 - Biometrics appt received 6/8/17

Filed: K-1 Visa Country: Wales
Timeline
Posted

You can not have insurance for just a short time in a year and avoid the penalty.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

I received my EAD card and started working about 3months ago (AOS pending). However, my employee provides health insurance but I didn't subscribe to it. So am currently without health insurance. I was told that I would be penalized when I file taxes next year. Please, can somebody confirm this info for me? Do non citizens get penalized by IRS for not having health insurance?? Thanks

Yes. We paid some penalty for not having insurance in some months of the year.

Posted (edited)

Its land of the free, not free loading, nor free health care. You are 'free' to pay the fine or acquire healthcare elsewhere .

Yes, you are required to have health insurance. Welcome to the land of the free.

Edited by heo luoi
Filed: K-1 Visa Country: Wales
Timeline
Posted

Actually there is free health care for some, but the OP never mentioned freeloading

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

Actually there is free health care for some, but the OP never mentioned freeloading

Yea sorry didnt insinuate OP said that which wasnt mentioned as all just responded to quoted post. But the healthcare system is certainly a mess and Welcome to america, land of the free, where one is free to criticize it. Having some accountability to your healthcare could be a lot worse....and plenty of abusers. Seems like OPs question has been answered and he/she unless spouse has coverage needs their own coverage or accept the IRS penalties.

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

By law all persons in the US are required to purchase health insurance or pay the penalty. You can obtain it through your employer, buy it privately, or use your state or federal exchange. If you do not purchase health insurance that is certainly fine, though if you do not, you will be charged a penalty in taxes. The lump sum for this year (depending on if it was for the whole year or not) is usually around $300+. This will increase every year. Next year, it will be about $600+. Some people feel the risk of no insurance is worth it and that the lump sum is most certainly cheaper than a monthly premium or money coming out of a paycheck. Check out the link in my signature which is regarding immigrants and the federal exchange. You are certainly qualified to obtain health insurance.

How does one go about getting an exemption ? My then fiance came on a K1 in Nov 2014 and we were charged a $95 penalty but he was not

eligible for ACA because he received his EAD only in August 2015.

We should not have to pay because he was not eligible.

He is working since 2 weeks ago but his insurance from work won't kick in

until 6 weeks from starting his job.

I am on ACA currently, being self employed (USC) and am not eligible for ACA anymore because I can get coverage through him soon correct ?

This is so confusing with the immigration status in the mix.

I think it's insane not to have health insurance and we both definitely will make sure we have it.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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