K1 health insurance question

[Jonathan and Tina 4]

Hi folks. So:

As a K1 who has a SSN and is applying for AOS in about a week, do I still earn these 'qualifying life events'? Or are they only for citizens? We got married on New Year's Eve so if I do count for QLEs, I have 60 days from then to get insurance. Otherwise, it's tomorrow.

Thanks for any help.

[Amhara 460]

I am sorry, but I am confused about your question. Do you currently have health insurance? Are you the AOS petitioner (applying for GC) and trying to get added to your USC's spouse's health insurance? Generally, health insurance benefits can include a foreigner. I added my husband to my health insurance plan and he does not yet have an SSN.

[Jonathan and Tina 4]

I am sorry, but I am confused about your question. Do you currently have health insurance? Are you the AOS petitioner (applying for GC) and trying to get added to your USC's spouse's health insurance? Generally, health insurance benefits can include a foreigner. I added my husband to my health insurance plan and he does not yet have an SSN.

No problem. I do not currently have health insurance, I just arrived a month ago. I am the petitioner applying for a GC. My USC spouse has just lost her workplace insurance and we will both be looking at Obamacare. I know she gets a qualifying life event from our marriage, and from losing her work insurance. I'm wondering if I get a QLE from our marriage the same as her, with the 60 day period, even though I'm a K1 applying for AOS/GC and not a USC like she is.

[aaron2020 11,651]

Check with your health insurance provider.

Different people have different employers and different policies.

[Jonathan and Tina 4]

Check with your health insurance provider.

Different people have different employers and different policies.

So you're saying there would be some policies in the healthcare.gov marketplace that would count me as eligible for the Qualifying Life Event process, and some that wouldn't?

To reiterate, I don't currently have a provider, and am looking at Obamacare. Kinda surprised there isn't a simple answer to this... like: are US citizens eligible for QLEs? Yes. Are immigrants waiting for AOS/GC eligible? Yes/no.

[aaron2020 11,651]

You can file for Obamacare. If you had mentioned Obamacare in your first post, you would have gotten the answer sooner. Everyone thought you were talking about health coverage from an employer which is the more common scenario.

https://www.healthcare.gov/immigrants/immigration-status/

Applicants for any of these statuses qualify to use the Marketplace:

• Temporary Protected Status with Employment Authorization
• Special Immigrant Juvenile Status
• Victim of Trafficking Visa
• Adjustment to LPR Status
• Asylum (see note below)
• Withholding of Deportation, or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) (see note below)

Applicants for asylum are eligible for Marketplace coverage only if they’ve been granted employment authorization or are under the age of 14 and have had an application pending for at least 180 days.

Edited January 14, 2016 by aaron2020

[Jonathan and Tina 4]

A K-1 visa holder does not qualify for Obamacare. A K-1 visa holder is a non-immigrant. You need to be an LPR or USC.

This says you qualify as an applicant to adjustment to LPR status (just over halfway down).

[Jonathan and Tina 4]

Okay, you saw that too and changed it. Thanks. But I'm asking whether Qualifying Life Events that extend the Obamacare enrollment window, which apply to USCs, also apply to people applying for LPR status. Maybe it's a bit of an obscure question.

[aaron2020 11,651]

Okay, you saw that too and changed it. Thanks. But I'm asking whether Qualifying Life Events that extend the Obamacare enrollment window, which apply to USCs, also apply to people applying for LPR status. Maybe it's a bit of an obscure question.

When you apply, you can tell them when you apply to adjust. Being a K-1 with an SSN who is married to a USC does not make you qualify for Obamacare. The Qualifying Life Event would be you filing to adjust status which then puts you in "adjusting to LPR" category allowed to buy in the Marketplace. Filing for LPR status is the QLE.

[Jonathan and Tina 4]

When you apply, you can tell them when you apply to adjust. Being a K-1 with an SSN who is married to a USC does not make you qualify for Obamacare. The Qualifying Life Event would be you filing to adjust status which then puts you in "adjusting to LPR" category allowed to buy in the Marketplace. Filing for LPR status is the QLE.

Ah, okay. That makes sense. Thank you. So I get sixty days from filing?

[aaron2020 11,651]

Ah, okay. That makes sense. Thank you. So I get sixty days from filing?

. Don't know. Why not file for Obamacare as soon as possible? Why do you want to wait 60 days?

[yuna628 9,671]

You qualify under just getting married and you also qualify under their listed immigration section too. Providing an SSN to an insurance company isn't needed either. When we married, I purchased a new plan from a private insurance company, the same insurance that can be found on the state and federal exchange aswell. All insurances must be federally compliant, that means if it's listed on the federal site as a qualifier, you should also qualify on a private insurance plan. That doesn't mean that some insurances can't be a butt or get confused about it, you know? Find what insurance is best for you, because the longer you both go without insurance, a penalty may still apply. Either use the exchange or go private. It'll cost either way.

Edited January 14, 2016 by yuna628

[Jonathan and Tina 4]

. Don't know. Why not file for Obamacare as soon as possible? Why do you want to wait 60 days?

I don't, necessarily. I want to know my situation.

You qualify under just getting married and you also qualify under their listed immigration section too. Providing an SSN to an insurance company isn't needed either. When we married, I purchased a new plan from a private insurance company, the same insurance that can be found on the state and federal exchange aswell. All insurances must be federally compliant, that means if it's listed on the federal site as a qualifier, you should also qualify on a private insurance plan. That doesn't mean that some insurances can't be a butt or get confused about it, you know? Find what insurance is best for you, because the longer you both go without insurance, a penalty may still apply. Either use the exchange or go private. It'll cost either way.

Okay, thanks for that. There are a few contradictory answers going on .... you're saying getting married counts as a Qualifying Event (plus special enrollment period) for a K1 like myself even if I haven't applied for AOS yet? We're waiting on a W2 for this year so we can get better financial evidence, which is why I'm not applying right away. Also, I saw on a legal-ish visa site that you cannot apply on the marketplace without Employment Authorisation - do you know if that's correct?

Finally (honest) do you know if my wife can apply for herself and have me included as her spouse, regardless of where I'm up to? The whole thing is downright confusing. Thanks for any help you can give.

P.S. Everything above relates to Obamacare.

[yuna628 9,671]

I don't, necessarily. I want to know my situation.

Okay, thanks for that. There are a few contradictory answers going on .... you're saying getting married counts as a Qualifying Event (plus special enrollment period) for a K1 like myself even if I haven't applied for AOS yet? We're waiting on a W2 for this year so we can get better financial evidence, which is why I'm not applying right away. Also, I saw on a legal-ish visa site that you cannot apply on the marketplace without Employment Authorisation - do you know if that's correct?

Finally (honest) do you know if my wife can apply for herself and have me included as her spouse, regardless of where I'm up to? The whole thing is downright confusing. Thanks for any help you can give.

P.S. Everything above relates to Obamacare.

Okay, I thought based on above you had started to apply for AOS. Since you haven't I'd suggest to do that as soon as possible, because that's going to be your main qualifier for Obamacare.

I don't know the site you're meaning, but I have yet to see anyone talk about being refused O'care because they didn't have an EAD. If you adjust and get an NOA 1, that's possibly a document you're going to need. Have they been given the run-around by exchange employees that don't know what they are talking about (yes)? I think to give you 100% confidence in the matter it would be a good idea to contact the O'care employees and discuss the qualifications and options. Your wife qualifies simply out of being recently married and having her coverage dropped already.

Now if you look at the list of documentation that can be used you'll see EAD listed sure.. but you'll also see an (I-797), alien number, foreign passport, even an I-94. There's quite a few adjustment people that have successfully signed up to their state and federal exchanges on here iirc.

If for some reason you just can't get it to work, or you don't want to wait for an EAD (if that is what they insist upon), then I think it would be time to try private and you'd both get insurance with little fuss.

[madtownguy 164]

Yes getting married is a life changing event, although for her she needs a green card which will also be a life changing event. Either way ACA is too damn expensive, you're better off saving your money if you don't have a health problem. The dr's in my area have stopped taking ACA health insurance.