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Anybody here know how the health care tax applies to immigrants with pending AOS? My husband has been here since January 2017 without health insurance, although he does have emergency health care from his country  Entered on a K1 visa and has a pending I-130, I-485.

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Filed: Citizen (apr) Country: Taiwan
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2 minutes ago, RenoZiv said:

Anybody here know how the health care tax applies to immigrants with pending AOS? My husband has been here since January 2017 without health insurance, although he does have emergency health care from his country  Entered on a K1 visa and has a pending I-130, I-485.

" The final tax bill being hammered out among Republicans in Congress thoroughly kills one of the most controversial provisions of the Affordable Care Act — the mandate. "

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
15 minutes ago, RenoZiv said:

Anybody here know how the health care tax applies to immigrants with pending AOS? My husband has been here since January 2017 without health insurance, although he does have emergency health care from his country  Entered on a K1 visa and has a pending I-130, I-485.

you should try googling health care tax

CR-1 Visa

Service Center: Nebraska    Consulate: Mexico

Marriage: 12/9/2016    I-130 Sent: 12/10/2016    I-130 NOA1: 12/13/2016

Notice from USCIS: 8/23/2017

USCIS Approval Date: 8/21/2017

NOA2 issued date: 8/18/2017   NOA2 hardcopy received: 8/25/2017

Notice from USCIS Sent to NVC: 9/1/2017    NVC received: 9/8/2017

Received case and invoice numbers: 9/12/2017

Choice of Agent DS-261: 9/12/2017

Welcome Letter: 9/15/2017

Received and Paid AOS: 9/15/2017    AOS payment cleared my bank: 9/19/2017 (still shows In Process on CEAC)

Received and paid IV bill: 9/19/2017    IV bill cleared bank: 9/21/2017

Requested Expedite: 9/20/2017

AOS and IV show as paid: 9/23/2017

DS260 unlocked: 9/23/2017

Partial Expedite Approved at Counselor Level: 9/25/2017 (Must still wait out NVC)

Scan Date: 10/2/2017    Case Complete: 11/15/2017 (6 weeks 2 days!)

Case sent to consulate: 11/20/2017     Received by consulate: 11/21/2017 (11/20 was a holiday in Mexico)

Interview Scheduled: Jan 2nd - I managed to get someones canceled appointment the very same day my case status turned to Ready.

Biometrics: Mexico City Dec 27th Medical: Mexico City Dec 28th

Case says READY but consulate says case is not in system, I jumped the gun and booked an interview but they say its invalid until I receive the letter so I might have to cancel it.

Appointment Letter: Flew to Juarez just to get this, its actually 2 letters you need.

Interview Day: Jan 2nd   Interview Result: APPROVED

Tracking Number Received: Via email notice and website the afternoon of Jan 4th    Visa Delivered: Friday Jan 5th Mexico City

USCIS Notice - Green Card mailed: 3/28/18

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Given the OP's timeline, I think he/she is asking about 2017 taxes. The repeal of the mandate applies for 2018.

Edited by geowrian

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:

Spoiler

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:

Spoiler

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

 

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
2 minutes ago, geowrian said:

Given the OP's timeline, I think he/she is asking about 2017 taxes. The repeal of the mandate applies for 2018.

Last year they didn't penalize, of course every year is different, but I think with the current climate, it might not be anything to worry about

CR-1 Visa

Service Center: Nebraska    Consulate: Mexico

Marriage: 12/9/2016    I-130 Sent: 12/10/2016    I-130 NOA1: 12/13/2016

Notice from USCIS: 8/23/2017

USCIS Approval Date: 8/21/2017

NOA2 issued date: 8/18/2017   NOA2 hardcopy received: 8/25/2017

Notice from USCIS Sent to NVC: 9/1/2017    NVC received: 9/8/2017

Received case and invoice numbers: 9/12/2017

Choice of Agent DS-261: 9/12/2017

Welcome Letter: 9/15/2017

Received and Paid AOS: 9/15/2017    AOS payment cleared my bank: 9/19/2017 (still shows In Process on CEAC)

Received and paid IV bill: 9/19/2017    IV bill cleared bank: 9/21/2017

Requested Expedite: 9/20/2017

AOS and IV show as paid: 9/23/2017

DS260 unlocked: 9/23/2017

Partial Expedite Approved at Counselor Level: 9/25/2017 (Must still wait out NVC)

Scan Date: 10/2/2017    Case Complete: 11/15/2017 (6 weeks 2 days!)

Case sent to consulate: 11/20/2017     Received by consulate: 11/21/2017 (11/20 was a holiday in Mexico)

Interview Scheduled: Jan 2nd - I managed to get someones canceled appointment the very same day my case status turned to Ready.

Biometrics: Mexico City Dec 27th Medical: Mexico City Dec 28th

Case says READY but consulate says case is not in system, I jumped the gun and booked an interview but they say its invalid until I receive the letter so I might have to cancel it.

Appointment Letter: Flew to Juarez just to get this, its actually 2 letters you need.

Interview Day: Jan 2nd   Interview Result: APPROVED

Tracking Number Received: Via email notice and website the afternoon of Jan 4th    Visa Delivered: Friday Jan 5th Mexico City

USCIS Notice - Green Card mailed: 3/28/18

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10 minutes ago, MrHanky said:

Last year they didn't penalize, of course every year is different, but I think with the current climate, it might not be anything to worry about

The mandate was in effect last year. What changed, due to an EO, was that you were permitted to file a return without including the health care coverage form. If you were required to have coverage then you were required to pay the tax still. Enforcing it is the hard part in that scenario, but paying it was still required by law.

https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/tax-returns-health-coverage.aspx

 

For reference, no such exemption exists for 2017 (yet). So for 2017, disclosing your coverage is required to file.

https://www.irs.gov/tax-professionals/aca-information-center-for-tax-professionals

 

Edit: And yes, they could do the same thing again this year. Only time will tell if that actually happens or not.

Edited by geowrian

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:

Spoiler

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:

Spoiler

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

 

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Filed: Citizen (pnd) Country: Italy
Timeline

Yes, he is still subject for tax year 2017.

From what I see with my daily dealings with the IRS, probability that they will question it: (very) slim to none. The IRS simply doesn't have enough people.

AOS:

RD: 6/21/06

Biometrics: 7/25/06

ID: 10/24/06 - Approved

Conditional GC Received: 11/3/06

I-751

RD: 7/31/08

NOA 1: 8/6/08

Biometrics: 8/26/08

Transferred to CSC: 2/25/09

Approved: 4/23/09 (email received)

Card mailed: 4/28/09 (email received)

Card Received: 5/1/09

N-400

RD & PD: 7/28/09

NOA 1: 8/1/09

Biometric appt: 8/12/09

Interview Letter received: 10/02/09 (notice dated 09/29)

Interview Date: 11/10/09 at Federal Plaza in Manhattan

Oath Letter: 11/10/09

Oath Date: 11/13/09 - Special ceremony at USS Intrepid - Done - USC

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