NYS Health insurance revoked today with K1

[Avsiws 4]

I signed up successfully with O'Care in February after we got married. I was approved with my K1 visa and an SSN. I submitted a copy of my visa as proof of my status.

Today I got a letter in the mail saying I didn't have sufficient immigration status and my coverage is being cancelled in two days.

Coincidentally, today my AOS package was returned to me because there was an error on my form and I need to resubmit (totally awful day!!!).

 

1) I was surprised that they insured me with a K1... I thought I had to wait until I at least had my NOA1 for AOS (or GC/EAD/AP). Was I actually mistakenly approved for O'Care based on my K1 in February?

 

2) Has anyone had experience appealing a NYS denial? Do I even have grounds for an appeal? I'm guessing I'll just have to resubmit my AOS and wait for the NOA1.

 

Edited April 28, 2017 by TBoneTX
to amend a prohibited word

[Jojo92122 1,924]

A K-1 visa holder does not qualify for Obamacare.

 

A person adjusting status does qualify for Obamacare.

 

Did you apply as K-1 visa holder or a person adjusting status?

[Avsiws 4]

I applied as a K1 visa holder as I hadn't started/submitted my AOS package yet.

When I applied in Feb, in the application (which I completed with TWO in-person NYS navigators) I entered in the expiry of my I94 (January 29th 2017) and was approved. Everyone I talked to at NYS said I would be covered with my status. 

 

[Unlockable 7,314]

A K1 visa holder does NOT have immigration status.

 

K1 visa is for one  time  entrance to the US. Once you entered the US, the visa is no longer valid. 

 

You only gain status after you marry and Adjust Status  (AOS).

 

They are correct that you do not have proper status for O'Care.

 

You have to wait until you complete AOS.

 

[Jojo92122 1,924]

K-1 visa holders are non-immigrant visa holders who do not qualify for Obamacare.  You were mistakenly covered.

 

AOS beneficiaries qualify for Obamacare.  

 

Reapply for AOS and apply for Obamacare based on that.  

Edited April 27, 2017 by Jojo92122

[Jojo92122 1,924]

1 minute ago, NuestraUnion said:

A K1 visa holder does NOT have immigration status.

 

K1 visa is for one  time  entrance to the US. Once you entered the US, the visa is no longer valid. 

 

You only gain status after you marry and Adjust Status  (AOS).

 

They are correct that you do not have proper status for O'Care.

 

You have to wait until you complete AOS.

 

People applying for AOS qualify for Obamacare.

 

Waiting for a complete AOS makes a person a green card holder.  

 

From Healthcare.gov; https://www.healthcare.gov/immigrants/immigration-status/

 

Green card holders are listed under immigrants who qualify.  Then there is the section about applicants for adjustment to LPR status who qualify for the marketplace.

 

 

[Avsiws 4]

Just got off the phone with NYS:

Every agent (and I've talked to many) have told me that K1's are covered with a valid visa. My K1 expired March 29 2017, and thus my coverage was revoked. Idk if they're all confused or what... but in any case:

 

I just resubmitted my health insurance application as an immigrant non-citizen. I'll be re-submitting my corrected AOS package today. I am now temporarily covered and have until the end of July to submit proof of immigration status. 

As proof, the agent told me to submit a copy of my GC... but I want to confirm that my NOA1/EAD will suffice. Who knows how long the GC will actually take...

 

[Unlockable 7,314]

NYS are not immigration professionals. They probably don't know the difference between a visa and a green card.

[yuna628 9,676]

Here's the deal:

In theory I suppose someone in the office could say you could have insurance so long as your I94 is valid (not the K1 itself as it expires the moment you enter US soil... if they are saying that it's hilariously stupid but doesn't surprise me.. because if they are waiting to see your green card it'll take up to a year so they haven't got a clue obviously). It's kind of like going to the DMV and trying to get a license, it's only going to last as long as the I94 if you have no other documents to back up your status of legality. But IMO, and my understanding of the law, a K1 should not be allowed to have coverage (at least on the marketplace) - and thusly your coverage was revoked as you have no status to back up your legality. If you tried to apply for it again on the marketplace, you would still have no evidence of your status in the eyes of the law as you do not yet have your NOA1 for AOS. There is of course, nothing to stop you from buying insurance privately as soon as you married, and no need for status proof either. But since you've gone about it this way and have delayed this quite a bit... this is what you're stuck with. If NYS does not accept the NOA1 (and it should according to federal law but try explaining that to phone dummies) the EAD would work as well - provided you have filed for that with your AOS with your application and it arrives by the time you are required to show proof of status.

 

In short: you're lucky you had brief coverage with the marketplace, but unfortunately they shouldn't have been covering you in the first place. And yes, the phone people are confused.

[Transborderwife 4,666]

Is there a particular reason that your fiancé currently needs care?