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Posted

Ok, I've read all 18 pages of this thread and perhaps I am missing something but I just want to double check... 

 

I have my AOS interview in less than three weeks - October 22nd - currently I do not have insurance. When I entered the US I had travel insurance for 90 days, as this was supposed to be a visit for less than 90 days, per the VWP. I ended up staying and filing AOS

 

My husband and I have been married for 11 months, I entered the country almost six months ago, so I have been without coverage for the last 2.5 months. I have a job lined up once I receive my green card but I had been planning to be added to my husband's insurance once I had an SSN. I'm not sure whether he could add me outside of open enrolment as we have been married too long for that to qualify as a life change, and I have been in the country for too long for that to qualify for a life change. 

 

I recognise that it is irresponsible for me to be uninsured, I guess coming from the UK I perhaps underestimate just how irresponsible. I've never had health insurance. 

 

So, first of all - does this proclamation affect my AOS

Second - does anyone know if I will be able to be added to my husband's insurance outside of open enrolment, based on these circumstances? 

 

In any case this thread has made me rethink the decision to wait for insurance and we will resolve that situation one way or another. 

 

Thank you. 

 

 

Country: Canada
Timeline
Posted
7 minutes ago, Sarah G said:

Ok, I've read all 18 pages of this thread and perhaps I am missing something but I just want to double check... 

 

I have my AOS interview in less than three weeks - October 22nd - currently I do not have insurance. When I entered the US I had travel insurance for 90 days, as this was supposed to be a visit for less than 90 days, per the VWP. I ended up staying and filing AOS

 

My husband and I have been married for 11 months, I entered the country almost six months ago, so I have been without coverage for the last 2.5 months. I have a job lined up once I receive my green card but I had been planning to be added to my husband's insurance once I had an SSN. I'm not sure whether he could add me outside of open enrolment as we have been married too long for that to qualify as a life change, and I have been in the country for too long for that to qualify for a life change. 

 

I recognise that it is irresponsible for me to be uninsured, I guess coming from the UK I perhaps underestimate just how irresponsible. I've never had health insurance. 

 

So, first of all - does this proclamation affect my AOS

Second - does anyone know if I will be able to be added to my husband's insurance outside of open enrolment, based on these circumstances? 

 

In any case this thread has made me rethink the decision to wait for insurance and we will resolve that situation one way or another. 

 

Thank you. 

 

 

New rules take effect November 3rd so consider yourself blessed your interview is before then!

Posted
13 minutes ago, Sarah G said:

Ok, I've read all 18 pages of this thread and perhaps I am missing something but I just want to double check... 

 

I have my AOS interview in less than three weeks - October 22nd - currently I do not have insurance. When I entered the US I had travel insurance for 90 days, as this was supposed to be a visit for less than 90 days, per the VWP. I ended up staying and filing AOS

 

My husband and I have been married for 11 months, I entered the country almost six months ago, so I have been without coverage for the last 2.5 months. I have a job lined up once I receive my green card but I had been planning to be added to my husband's insurance once I had an SSN. I'm not sure whether he could add me outside of open enrolment as we have been married too long for that to qualify as a life change, and I have been in the country for too long for that to qualify for a life change. 

 

I recognise that it is irresponsible for me to be uninsured, I guess coming from the UK I perhaps underestimate just how irresponsible. I've never had health insurance. 

 

So, first of all - does this proclamation affect my AOS

Second - does anyone know if I will be able to be added to my husband's insurance outside of open enrolment, based on these circumstances? 

 

In any case this thread has made me rethink the decision to wait for insurance and we will resolve that situation one way or another. 

 

Thank you. 

 

 

Shouldn't impact you given the timeline.

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

 

Filed: IR-2 Country: Philippines
Timeline
Posted
13 minutes ago, Sarah G said:

Ok, I've read all 18 pages of this thread and perhaps I am missing something but I just want to double check... 

 

I have my AOS interview in less than three weeks - October 22nd - currently I do not have insurance. When I entered the US I had travel insurance for 90 days, as this was supposed to be a visit for less than 90 days, per the VWP. I ended up staying and filing AOS

 

My husband and I have been married for 11 months, I entered the country almost six months ago, so I have been without coverage for the last 2.5 months. I have a job lined up once I receive my green card but I had been planning to be added to my husband's insurance once I had an SSN. I'm not sure whether he could add me outside of open enrolment as we have been married too long for that to qualify as a life change, and I have been in the country for too long for that to qualify for a life change. 

 

I recognise that it is irresponsible for me to be uninsured, I guess coming from the UK I perhaps underestimate just how irresponsible. I've never had health insurance. 

 

So, first of all - does this proclamation affect my AOS

Second - does anyone know if I will be able to be added to my husband's insurance outside of open enrolment, based on these circumstances? 

 

In any case this thread has made me rethink the decision to wait for insurance and we will resolve that situation one way or another. 

 

Thank you. 

 

 

Isn't it a life changing event that a spouse will move in with the sponsor?? change in family size? so that eligible for open enrollment??

Posted
28 minutes ago, jrj_ph said:

Isn't it a life changing event that a spouse will move in with the sponsor?? change in family size? so that eligible for open enrollment??

They may be, but I moved in a long time ago and I believe there is a deadline to add someone after the event. There will be no issue adding me during open enrolment 

Filed: Timeline
Posted
23 hours ago, SusieQQQ said:

Immigrant visa applicants will have to demonstrate that they will be covered by health insurance within thirty days of entering the country or have the financial resources to pay for medical costs.  Details below:

 

https://www.whitehouse.gov/briefings-statements/president-donald-j-trump-protecting-healthcare-benefits-american-citizens/

 

Reading the replies to this makes understand what is meant by the term 'ugly American'.

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
2 minutes ago, bowens44 said:

Reading the replies to this makes understand what is meant by the term 'ugly American'.

Why?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

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.. 
 

Posted (edited)
4 hours ago, missileman said:

https://www.commonwealthfund.org/blog/2018/understanding-impact-elimination-individual-mandate-penalty

 

"Starting in 2019, the Affordable Care Act’s individual mandate penalty will be eliminated, effectively ending the law’s requirement that mist people have health insurance. Without a penalty, some people — particularly those who are younger or healthier — may drop coverage. "

 

 

4 hours ago, ohcoffeeeyes said:

Good change 😴

Except if you live in CA. Then you will be directly subsidizing the healthcare of illegals under 26. That was signed into law in California this year

Edited by Cyberfx1024
Filed: Citizen (apr) Country: Canada
Timeline
Posted

So I sat down and read the actual proclamation.

 

The proclamation does not affect K-1 applicants. Period. Set your mind at ease.

The proclamation does not affect what will happen at your PoE - there will be no change in any of the procedure the CBP officer follows to admit you.

The proclamation does not affect an AOS in any way shape or from - there will be no change in any of the procedures USCIS use to adjudicate your AOS.

 

The only government employee whose behavior is changed by this is the consular officer considering giving you an immigrant visa. They will want to see a plan for getting you insurance within 30 days of entry.

 

For spousal visa entrants, this shouldn't change much of anything - leaving your home country's health coverage is a sufficient change-of-life event to allow you to be added to your sponsoring spouse's insurance in the overwhelming majority of cases, and most spousal visa entrants are already ending up on their spouse's insurance within 30 days of entry anyways.

 

Yes, it sucks if your sponsoring spouse doesn't have insurance to add you to. But really, if they're in that boat, then they didn't really have any business sponsoring you since there is pretty good odds you were going to end up using means tested public benefits anyways, and yes, this is aimed at you.

 

The other people who are most affected by this are familiy reunion visa applicants - typically parents -  and diversity visa entrants - parents cannot typically be added to employer insurance and DV entrants have no sponsors. If they cannot afford to purchase a marketplace health insurance plan within 30 days of entry, then yes, this is aimed at them too.

 

Personally, I was a K-1 entrant - this would not have directly affected me. But in a way it did anyways: my USC then-fiancee was unemployed, her parents cosponsored me, and there was no real way for me to get US health insurance until I statred working, which would take months. And you can bet the consular officer asked me about that, and took it into consideration. As well they should have.

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

Posted
8 minutes ago, HeatDeath said:

So I sat down and read the actual proclamation.

......

The other people who are most affected by this are familiy reunion visa applicants - typically parents -  and diversity visa entrants - parents cannot typically be added to employer insurance and DV entrants have no sponsors. If they cannot afford to purchase a marketplace health insurance plan within 30 days of entry, then yes, this is aimed at them too.

 

Wrong.

 

(b)  Section 1 of this proclamation shall not apply to: 

(iv)    any alien seeking to enter the United States pursuant to an IR-5 visa, provided that the alien or the alien’s sponsor demonstrates to the satisfaction of the consular officer that the alien’s healthcare will not impose a substantial burden on the United States healthcare system;

 

Filed: IR-2 Country: Philippines
Timeline
Posted (edited)
24 minutes ago, Sarah G said:

They may be, but I moved in a long time ago and I believe there is a deadline to add someone after the event. There will be no issue adding me during open enrolment 

So, for future note. It would be better for the new immigrant visa holder to fly to US within the months eligible for open enrollment, right? to comply with the new rules?

Edited by jrj_ph
Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

We're going to be going through this right as it is implemented. How are we supposed to show that I will be added to my spouse's insurance? Is it enough to show evidence of his coverage? Do we also have to show that me moving is considered a qualifying event by his provider? Should we also write a letter stating our intentions to add me? I'm curious what others who will be added to existing insurance are planning to do.

I am not a lawyer and nothing I say is or should be taken as legal advice. 

 

CR1/IR1 Timeline:

 

Spoiler

Married: August 18th 2018

I-130 Sent: September 18th 2018

PD: September 20th 2018 TSC

NOA1 Received: October 5th 2018
Case Inquiry: July 13th 2019 

Case Inquiry Response: July 24th 2019 - in line for processing.

Escalated Case Inquiry: August 6th 2019 - tier 2 found that internal status was "in background check" despite results coming back 4 months prior.

Escalated Case Inquiry Response: August 7th 2019 - case was "delayed" because they had to "perform additional review" 🙄 case now with an officer.

NOA2: August 22nd 2019 (336 days)

Sent to DOS: September 5th 2019

NVC Received: September 13th 2019

Case Number: October 9th 2019

DS-260 Completed: October 28th 2019

NVC Docs Uploaded: October 29th 2019

DQ: December 18th 2019

Became IR1: August 18th 2020

IL: October 13th 2020

Interview: November 2nd 2020

Visa Received: November 5th 2020

POE: November 8th 2020

GC Received: January 23rd 2021

 

CR1/IR1 Montreal FAQ:https://docs.google.com/document/d/1k927pE5wqzTN5n0lPYZ1JQxgbmnzmNWX5hSteyii0BY/

Filed: Citizen (apr) Country: Poland
Timeline
Posted
18 hours ago, SusieQQQ said:

I think many of us that are not Trump supporters feel this is reasonable, within the constraints of the system (I’m sure most of us would prefer a public healthcare system of some form). And I get really annoyed - it doesn’t happen that often but it happens - when people game the system (like those who juggle their newly enlarged households to get the ACA subsidies for parents, and I don’t care if it’s technically legal, it’s gaming the system). The public charge requirement as existing is pretty low as it is, and one bad uninsured medical event can easily top the current annual income requirement.  

 

 

It would have been reasonable (for obvious reason) only if US healthcare had not been a complete scam. Not single one person here should kid themselves this has anything to do with protecting tax payers, this is entirely targeted towards family based immigration and DV immigrants and can effectively (depending on interpretation) kill it without any new immigration laws - which has been a goal of this administration for long time. 

 

It is also hysterical to see Trump supporters saying "everyone should have healthcare" while they were blasting Obama for effectively doing exactly that. There is no difference between legal immigrants and US born citizens with no insurance being a burden. Both are just that - a burden.

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

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