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When an overseas spouse arrives to America, is she eligible for public assistance or does she have to be a citizen first?

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

The CR1 visa has income requirements so that the spouse won't rely on government assistance right away I heard.  I plan to sponsor her by assets because my salary for 2017 was low.  Is it true that if she comes to America she won't be eligible for public assistance (such as health insurance) as a green card holder? I would have to wait until she's a citizen right?

Posted

Health insurance like Obamacare is fine, however medicaid is usually an issue. (I believe their may be exceptions) 

 

You need to be able to support your spouse and health insurance should definitely be considered before making the move, since Healthcare is so expensive in the United States. 

Posted

She can obtain health insurance on her own or as a dependent on your plan. She will not qualify for subsidies, though.

She also cannot use means tested benefits like food stamps, TANF, Medicaid, SSI, etc. for at least 5 years.

She can qualify for unemployment, though (UC is an insurance that she would pay into once employed).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

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I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Why would she need public assistance when you can support her?

“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.”

Filed: K-1 Visa Country: Vietnam
Timeline
Posted
4 hours ago, Boiler said:

Why would she need public assistance when you can support her?

Great question! Also, if sponsor needs a co-sponsor b/c of low-income, the co-sponsor could be on the hook for benefits obtained. Don't think about her getting benefits - think about getting a better job and working harder to support her. She isn't marrying the taxpayers.

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted (edited)
13 minutes ago, WandY said:

Great question! Also, if sponsor needs a co-sponsor b/c of low-income, the co-sponsor could be on the hook for benefits obtained. Don't think about her getting benefits - think about getting a better job and working harder to support her. She isn't marrying the taxpayers.

This one is never enforced. States do administration of their own healthcare benefits. If they enforce it..   :D

Edited by dnp2014
Filed: Lift. Cond. (apr) Country: India
Timeline
Posted (edited)
5 hours ago, jandtee said:

The CR1 visa has income requirements so that the spouse won't rely on government assistance right away I heard.  I plan to sponsor her by assets because my salary for 2017 was low.  Is it true that if she comes to America she won't be eligible for public assistance (such as health insurance) as a green card holder? I would have to wait until she's a citizen right?

Since you are in NY income lower than $28K both will eligible for medicaid.. Your spouse just need GC.. I think below $39K you still eligible to get an essential plan for $0.. above that income will cost $300-600 in monthly premium. This is based on 2017 rates 

 

Getting benefits based on state by state. NY definitely yes.. Texas very hard unless spouse start to work 

Edited by dnp2014
Filed: AOS (pnd) Country: Canada
Timeline
Posted
7 hours ago, jandtee said:

The CR1 visa has income requirements so that the spouse won't rely on government assistance right away I heard.  I plan to sponsor her by assets because my salary for 2017 was low.  Is it true that if she comes to America she won't be eligible for public assistance (such as health insurance) as a green card holder? I would have to wait until she's a citizen right?

Aren't you the gentleman that has $100k in your savings? Why would she need public assistance?

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted
5 minutes ago, bad4tatt said:

Aren't you the gentleman that has $100k in your savings? Why would she need public assistance?

i can pay off certain  medical bills such as pills or prescription drugs. But healthcare in america is expensive.  I hear horror stories of people needing surgery or getting injured in car accidents and the surgery cost up to millions without health insurance.  Im working on getting a career that comes with great benefits such as healthcare for me and a spouse.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted
1 hour ago, dnp2014 said:

Since you are in NY income lower than $28K both will eligible for medicaid.. Your spouse just need GC.. I think below $39K you still eligible to get an essential plan for $0.. above that income will cost $300-600 in monthly premium. This is based on 2017 rates 

 

Getting benefits based on state by state. NY definitely yes.. Texas very hard unless spouse start to work 

I think bad4tatt is righ tthough.  I dont think me and her would qualify for any health insurance or assistance.  I plan to sponsor my wife because I have 100k in savings.  I myself personally dont have health insurance because I didnt apply as my savings account would prevent me from being eligible.  I do make less than 28k but my money in my savings account would make me ineligible and would possibly make her ineligible as well.  Should I halt the process until I get a job with health insurance I guess?

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted
17 minutes ago, jandtee said:

I think bad4tatt is righ tthough.  I dont think me and her would qualify for any health insurance or assistance.  I plan to sponsor my wife because I have 100k in savings.  I myself personally dont have health insurance because I didnt apply as my savings account would prevent me from being eligible.  I do make less than 28k but my money in my savings account would make me ineligible and would possibly make her ineligible as well.  Should I halt the process until I get a job with health insurance I guess?

That's not true.. I have helped many with medicaid/obamacare.  NY state does not look at your savings or resources for health insurance. They had limit on resources before obamacare like you can own one home which need to be your primary residence. After Affordable care act passed no resources are counted towards your eligibility unless you are 65 years or above with disability or requires nursing home care. Your eligibility is only based on Modified Adjusted Gross Income.  

 

You should not halt. bring your spouse in :D

 

 

Filed: Country: India
Timeline
Posted
1 hour ago, dnp2014 said:

That's not true.. I have helped many with medicaid/obamacare.  NY state does not look at your savings or resources for health insurance. They had limit on resources before obamacare like you can own one home which need to be your primary residence. After Affordable care act passed no resources are counted towards your eligibility unless you are 65 years or above with disability or requires nursing home care. Your eligibility is only based on Modified Adjusted Gross Income.  

 

You should not halt. bring your spouse in :D

 

 

Are you an insurance agent ? Giving advise to intentionally violate laws is inappropriate. You know that GC holder is not eligible for medicaid for first five years. 

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted
5 minutes ago, cd37 said:

Are you an insurance agent ? Giving advise to intentionally violate laws is inappropriate. You know that GC holder is not eligible for medicaid for first five years. 

There is no violation of law. Federal government does not decide who gets state benefits. The state government adminster the benefits to their residents. According to policies passed by the local government he (usc) and his lpr spouse will be eligible for healthcare benefits based on his magi. 

 

He need to apply through ny Heath exchange and they will ask for pay stubs and copy of gc from lpr.

 

Filed: Citizen (apr) Country: Colombia
Timeline
Posted
12 minutes ago, cd37 said:

Are you an insurance agent ? Giving advise to intentionally violate laws is inappropriate. You know that GC holder is not eligible for medicaid for first five years. 

Why are you judging this response so harshly? The first step associated with getting affordable insurance for the OP and his immigrant wife is through one of the Obamacare networks. Based on the income information provided, the OP may indeed qualify, himself, for a policy with a Medicaid subsidy and then he can go on to insure his wife through Obamacare via an non-subsidized policy.

 

I don't see where dnp2014 is advising anyone to violate laws.

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

 
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