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Posted

Hi everyone,

I figured I'd vent but maybe I'll get lucky and find someone who has gone through the same thing and perhaps succeeded.

My 21 year old daughter took up residency this week from Australia. Last year during sign up when I inquired through my work health insurance I mentioned that she would be immigrating and they said "Just let us know when she gets here". Now when I have tried to sign her up, they are stating that their rules do not have immigration as a qualifying event, so she is outside the enrollment period and we will have to wait till January before she can get insurance.

I've looked at the plan's group admin guidelines and they have such a narrow band of "qualifying events". For the natural child of a member, the only qualifying event permitted is "loss of other coverage" within 31 days of loss. Nothing else. Yet, the ACA has a much broader band of qualifying events, including gaining lawful presence in the US. I guess that means we could go through the marketplace - but it's at least $200 a month.

Because Australia is pretty much free healthcare, the loss of coverage would only be loss of medicare entitlements because she is no longer an Australian resident for taxpayer purposes. Do you think that one would fly?

Posted

I would definitely call again and push that her coming to this country constitutes losing her previous coverage, plus she is a dependent child still under the age that qualifies for coverage through her parents... I had to argue the same thing for my husband since I didn't add him to my insurance immediately after marriage since he was still in central America. (He came on CR-1). I told them that he was coming from out of country and would be losing his benefits upon entering the country. They accepted it. There is absolutely no reason they shouldn't add her. I would be adamant about it and even ask to talk to someone else etc.

Met: 12/2011

Married: 12/26/2013

Interview Date: 8/27/2014 - APPROVED

REUNITED!: 9/10/2014

POE: Miami

I-751 & I-912 filed together: 6/16/2016

Package Received In CA Service Center: 6/21/2016

I-912: Denied 8/6/2016

I-751 sent w/payment: 8/22/2016

Package Received at CSC: 8/24/2016

NOA-1: 8/29/2016 (dated 8/24/2016)

Biometrics Appt: 10/11/2016

Posted

I have been told the same thing...that entering this country is not a reason to add him. I am going to have to add him this year and pay 400 a month for coverage that he won't use until he gets here...which could be years. We can only add a person during "open enrollment" which is October. It becomes effective the following January. I will be interested to know if you have any luck. What is your insurance carrier? Mine is CIGNA.

Posted

All coverage must meet the federal standard. Unfortunately you are dealing with people who have no understanding of the law and what they should be covering. She qualifies under health insurance loss and under immigration. If you cannot get through to them, there are other options such as using Obamacare or buying private coverage temporarily until your personal insurance will ''allow'' you to add her (check both of these options as many of the plans are the same or may be cheaper either way).

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

Posted

I have been told the same thing...that entering this country is not a reason to add him. I am going to have to add him this year and pay 400 a month for coverage that he won't use until he gets here...which could be years. We can only add a person during "open enrollment" which is October. It becomes effective the following January. I will be interested to know if you have any luck. What is your insurance carrier? Mine is CIGNA.

My carrier is Blue Cross Blue Shield. I phoned healthcare.gov this morning and they said that health funds CAN do that and the rules are slightly different for employer based health funds.

Thanks all....I'm going to give it a go the "Lost coverage" route and see what they say.

Posted (edited)

My carrier is Blue Cross Blue Shield. I phoned healthcare.gov this morning and they said that health funds CAN do that and the rules are slightly different for employer based health funds.

Thanks all....I'm going to give it a go the "Lost coverage" route and see what they say.

We got blue shield insurance outside of the normal enrollment period using immigration as a life changing event.... Edited by SusieQQQ
Posted

We got blue shield insurance outside of the normal enrollment period using immigration as a life changing event....

That's interesting. It might seem a bit ignorant after being here a few years already, but are the Blue Shields in each state differently owned/administrated? We are in Arkansas. Also not sure if it is because it is a particular employer group policy that they can set/negotiate their own rules.

Posted

We also have BCBS without any issues obtaining outside enrollment period using both immigration and marriage. As I said if you cannot obtain it via work, you'll have to look at Obamacare or private (more than likely both will offer BCBS plans).

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

Posted

That's interesting. It might seem a bit ignorant after being here a few years already, but are the Blue Shields in each state differently owned/administrated? We are in Arkansas. Also not sure if it is because it is a particular employer group policy that they can set/negotiate their own rules.

Not sure of the details, I do know ours was blue shield "of California" so perhaps. Also we went through a broker, my experience with medical insurance call center people is they don't always know the details of situations they don't see everyday and I have heard of instances where callers do get given wrong info for a particular circumstance - although that doesn't seem to be what's happened in your case.

Posted

I had to argue with my HR team and finally got them to call our insurance broker to confirm that immigration is indeed a qualifying event. It's not one that most HR teams have to deal with so they just assume it's not covered, when it really. With our timeline, it ended up being easier to just buy a temporary policy to cover him for the 6 weeks before he was covered as of Jan 1 since I finally knew the date and was able to include him in open enrollment.

Here's the site that we used.

https://www.ehealthinsurance.com/

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

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

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