Medi-cal for k1 visa holder

[kuning 1]

Hi everyone. Do any of you with aos application applied for medi-cal health insurance? Would you know.if it will affect the outcome.of my application for green card? Thanks for those who will shed light on this matter. 

[f f 725]

non emergency medi cal is a means tested benfit and your sponsor for the i864 is promising to support you and reimburse the federal government for any means tested benfit you receive.

 

I would think it would have a negative effect for your aos. since they know you are already a public charge if you get non emergency medi cal.

 

might want to tell your sponsor to get ready to pay if you do apply.

 

 

[chars 151]

As an experienced immigration law researcher, I am totally in non-conformity or disagreement with my colleague's  view on this question. If a K1 visa holder wants Health Insurance, he/she is qualified to get it thru (spouse or market place). The question asked has nothing to do with Means tested benefits or public charge. Here are my sources: Healthcare.gov https://www.healthcare.gov/immigrants/immigration-status/

 

Can people who aren’t U.S. citizens apply for health coverage through the Marketplace?

Lawfully present immigrants can apply for health coverage. Immigration information entered into the Marketplace will be used for administration of the Marketplace and insurance affordability programs only. People who aren’t applying for health coverage don’t need to provide their citizenship or immigration status. Use of coverage obtained through the Marketplace or insurance affordability programs won’t affect a person who’s in the process of becoming a lawful permanent resident (green card holder) and won’t be considered a public charge. A public charge is an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.

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)

 

[kuning 1]

Thank u for the information guys! Till my nxt inquiries..

[f f 725]

medical is for people who are under 138% of the poverty guidelines and your sponsor with the i864 promises to keep you at 125%. so yes there is a gap where you can be to satisfy both but it is still a means tested benfit. if they care if you use this specific one is a different question.  the question was could this effect the aos application and it may since the adjudicator gets to use thier intuition on this too so they can look at the whole picture and decide.

[Boiler 45,553]

2 completely different situations with different requirements.

 

My understanding that CA and a few other States allow this from Day 1, some require 5 years, some do not at all.