New Healthcare Requirements for US Immigrants

[Gemma&Kris2019NYC 1]

7 hours ago, geowrian said:

If needing both individuals working to afford living expenses and healthcare/healthcare insurance, then a K-1 is a poor decision.

One perspective is the government isn't letting them work. Another perspective is somebody is choosing a path that does not permit them to work in exchange for a quicker process.

One path looks at external forces with nothing the individuals can do. The other puts you in control of your destiny.

 

Spouse's plan

State's healthcare exchange

Private insurance

Quicker? It was the only channel that allowed us to be together. The US is extremely restrictive on visas if you hadn’t noticed. There was nothing quick, easy or cheap about this process. I feel like you clearly don’t understand it or the stress of being away from someone you love. Leaving an entire life, home, income to be with someone you live is far from quick and easy. And... Respectfully we were engaged and the k1 is the legal channel to get here. When you go from earning $6,000 a month to not being able to work it has consequences. I was also assaulted by a stranger for being gay and that incurred a $4,000 bill from the ER. Costs like this is why it’s financially hard when people come here on a K1. Had my wife came to the UK, the process would have allowed her NHS coverage just because she’s my wife and she would receive legal rights to work on entering. I’m just saying the system here is made to put strain on people more than any other country. We were prepared but financially you can’t prepare for 4,000 outgoings for a random time someone assaulted me. You’re looking at a small piece of info and making an assumption. I’m living it and it’s very different. 
 

we have insurance now I’ve been here almost 6 months and I’ve been covered only since January. That’s the speed the system works. Hopefully my EAD is back soon. As someone who’s 36 and worked since age 15 it’s hard not contributing and psychologically that also takes a toll. You want immigrants not using services without working? Allow them to work especially if they’ve married a citizen. 

Edited January 13, 2020 by Gemma&Kris2019NYC

[Gemma&Kris2019NYC 1]

9 hours ago, Boiler said:

That is why we recommend the Cr1, you do not need a SSN to obtain health coverage btw.

I was being added on my wife’s hospital policy because I have asthma and the lower immigrant policies had huge co pays off $600 for inhalers. My wife’s hospital workers policy covered my illness. It’s because I have asthma I couldn’t take a lower grade policy because the co pays were more than the entire annual policy with my wife’s. 

[Gemma&Kris2019NYC 1]

8 hours ago, geowrian said:

If needing both individuals working to afford living expenses and healthcare/healthcare insurance, then a K-1 is a poor decision.

One perspective is the government isn't letting them work. Another perspective is somebody is choosing a path that does not permit them to work in exchange for a quicker process.

One path looks at external forces with nothing the individuals can do. The other puts you in control of your destiny.

 

Spouse's plan

State's healthcare exchange

Private insurance

I just want to say that for someone who appears to be going through a similar process, you’re Comments were a little mean.

 

nothing about the K1 is easy or quick. Maybe for heterosexual couples but Gay marriage wasn’t legal when we were together so no, a quick option, the k1 wasn’t. We met when I was a DA’s intern and I when I went home, I traveled back and forth because she didn’t get more than 10 vacation days to my law enforcement uk 35 Paid vacation days. Travelling uk to nyc every month for a week with my now wife wasn’t enough. We did that for years until gay marriage was legalised then we looked at options to be together. We had no other visa options to get me here than a work visa. Which were rarely given for my field of work. 
 

so respectfully, no. The k1 was not a quick and easy process. It’s been afforded to heterosexual couples for decades before we lgbtq couples had access. Maybe that’s some privilege showing but I don’t appreciate the implication that we somehow chose the easy way. It was far from easy or quick. But thank you for your comments. I hope this has at least taught you something about how the process affects others. 
 

my other post clearly states I have asthma. Most bare bones basic insurance plans don’t cover the meds required which were $20 at home and $600+ here. So again, no. That wasn’t an option. 

[geowrian 22,337]

1 hour ago, Gemma&Kris2019NYC said:

Quicker? It was the only channel that allowed us to be together. The US is extremely restrictive on visas if you hadn’t noticed.

Barring extremely rare circumstances, there was another path - a spousal visa.

 

I had not noticed, at least not when it comes to family-based immigration.
 

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I feel like you clearly don’t understand it or the stress of being away from someone you love.

I lived many, many thousands of miles away from my loved one. I was unable to even visit her as her country did not grant tourist visas at the time. The only way we could meet is when we both had vacation and then to meet in a 3rd country. We only got to meet once or maybe twice a year, and only for a week or 2 at a time.

 

Edit: and note that she applied for a US tourist visa twice and was instantly refused both times. So she could not visit me even once beforehand.

 

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Leaving an entire life, home, income to be with someone you live is far from quick and easy.

Nobody said it was. My VJ profile’s tagline reflects this.

 

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And... Respectfully we were engaged and the k1 is the legal channel to get here.

That is one option. Getting married then doing a spousal visa is another.

 

56 minutes ago, Gemma&Kris2019NYC said:

I just want to say that for someone who appears to be going through a similar process, you’re Comments were a little mean.

I disagree. Nothing was antagonizing or demeaning. Nothing had intent to offend. I was explaining that you can either look at the system and feel helpless or you can take control of your own destiny.

 

Quote

Maybe for heterosexual couples but Gay marriage wasn’t legal when we were together so no, a quick option, the k1 wasn’t.

Marriage in a 3rd country is perfectly legal and what many have done.

 

Quote

so respectfully, no. The k1 was not a quick and easy process. It’s been afforded to heterosexual couples for decades before we lgbtq couples had access. Maybe that’s some privilege showing but I don’t appreciate the implication that we somehow chose the easy way. It was far from easy or quick.

Again, I never said the K-1 is easy or quick. You are reading more into what was stated than what is actually there.

 

I said K-1 was quicker. Not better. Not easier (it’s not due to AOS).

 

Quote

my other post clearly states I have asthma. Most bare bones basic insurance plans don’t cover the meds required which were $20 at home and $600+ here. So again, no. That wasn’t an option. 

What wasn’t an option? I missed what you were referring to.

 

I mentioned some available coverage options in response to another user’s question about being unable to get insurance through an employer. Not seeing the relevance.

Edited January 13, 2020 by geowrian

[Gemma&Kris2019NYC 1]

21 minutes ago, geowrian said:

Barring extremely rare circumstances, there was another path - a spousal visa.

 

I had not noticed, at least not when it comes to family-based immigration.
 

I lived many, many thousands of miles away from my loved one. I was unable to even visit her as her country did not grant tourist visas at the time. The only way we could meet is when we both had vacation and then to meet in a 3rd country. We only got to meet once or maybe twice a year, and only for a week or 2 at a time.

 

Edit: and note that she applied for a US tourist visa twice and was instantly refused both times. So she could not visit me even once beforehand.

 

Nobody said it was. My VJ profile’s tagline reflects this.

 

That is one option. Getting married then doing a spousal visa is another.

 

I disagree. Nothing was antagonizing or demeaning. Nothing had intent to offend. I was explaining that you can either look at the system and feel helpless or you can take control of your own destiny.

 

Marriage in a 3rd country is perfectly legal and what many have done.

 

Again, I never said the K-1 is easy or quick. You are reading more into what was stated than what is actually there.

 

I said K-1 was quicker. Not better. Not easier (it’s not due to AOS).

 

What wasn’t an option? I missed what you were referring to.

 

I mentioned some available coverage options in response to another user’s question about being unable to get insurance through an employer. Not seeing the relevance.

A spousal visa takes anywhere from 1-2+ years. If I came into the US and married her on my visitor visa it would have affected my ability to get a green card. We consulted attorneys beforehand and this was still a 12 month wait. I appreciate you have restrictions based on where you’re partner is from but the statement that it was a quicker process implied an easy route. That’s why I said what I did. 
 

a spousal visa taking two years and a k1 taking a year and another 6 months to work means we can be together whilst waiting to work which was a much better option than being 3,300 miles away whilst missing them every day. 
 

my healthcare issue is I have asthma so the low rate or low grade immigrant health insurance a did not cover my asthma. Adding me to her policy was the only way to limit outgoings. They don’t need an SSN but this insurance company asked for it to prove I wasn’t working and not declaring because the NYS health marketplace required it. Maybe NY is more strict but it was harder to get coverage. 

Edited January 13, 2020 by Gemma&Kris2019NYC

[geowrian 22,337]

1 minute ago, Gemma&Kris2019NYC said:

A spousal visa takes anywhere from 1-2+ years. If I came into the US and married her on my visitor visa it would have affected my ability to get a green card.

No issue at all marrying on a tourist visa. Big issue (fraud) marrying on a tourist visa then staying / doing AOS. But many people marry in the US just fine. Some even do so as a destination wedding.

 

1 minute ago, Gemma&Kris2019NYC said:

but the statement that it was a quicker process implied an easy route. That’s why I said what I did.

No worries...just explaining that I only noted quicker.

 

1 minute ago, Gemma&Kris2019NYC said:

a spousal visa taking two years and a k1 taking a year and another 6 months to work means we can be together whilst waiting to work which was a much better option.

The spousal visa is taking, on average, about 12-16 months. It certainly can take close to 2 years (or longer) in some cases - especially with those who go through extensive background checks - but the norm is closer to 1 year than 2.

 

In terms of averages, the K-1 is usually within 6 months of a CR-1. When taken into account the time to get married, file the paperwork, then get the EAD, the CR-1 is usually faster to being in the US and being able to work. But a key benefit is being able to work upon entry, and to to plan for a change in employment. You can do so on your own schedule (once approved for the visa), not the US government’s.

[yuna628 9,676]

12 hours ago, Gemma&Kris2019NYC said:

This is all well and good, coming in on a k1 means you have to wait for a marriage license which can take 10-30 days (State dependent) and even once you’re added it means having to provide a ssn which isn’t always speedy (mine took 8 weeks and I applied 2 weeks after arrival as instructed) my tax paid for my healthcare in england and it also paid for every non international travel insured individual who came into the country (since we don’t take insurance)  as well as every non working or disabled person in the UK. I’ve never once complained when someone gets free healthcare because it doesn’t affect me. Tax is tax. Your health care coverage costs aren’t tax paid. 
 

when you allow people to come into the country legally and then refuse to let them work ( for me I’ve been waiting on EaD and it’s been 5 months already) you reduce the likelihood that they’d be able to afford insurance or bills. This is a backwards system that immediately puts anyone entering legally at a disadvantage because you are refusing them basic human rights like healthcare. you’re burdening the US citizen petitioner by adding costs to their pocket by forcing them to cover the cost of another individual until a broken immigration system allows them to work, 

 

The timeline for any other westernised country for marriage based visas, to allow them work and health care is weeks, not months. Ask yourself why the system is broken? Why after paying thousands to get here legally in paperwork filing fees are you unable to work when you get here? If it’s a Bonaire marriage a k1 interview and they allow you entry, you should be allowed to work and provide for the family so you do not become a public charge. The system simply means that is more likely when you cannot contribute to you household. That’s the issue.  To immigrants using systems that should be free in the first place. This kind of backwards thinking is this issue. 😡😡😡😡😡

If you cannot obtain a marriage license within a quick time frame, my suggestion would be to go somewhere that you can. It would be a good idea to be proactive in approach and investigate what has the fastest turnaround before the marriage happens. In some cases K1 couples do not have the luxury others have. That being said, the license is not prohibitive to obtaining insurance, and the person can still enroll after open enrollment if using the ACA, due to having a QLE. If it is via the matter of just adding to the spouse's insurance, for most this is not prohibitive either.

 

In addition, you've stated a common falsehood and one which people convince themselves that you can't obtain health insurance without an SSN. It's 100% false, and believing it is to the couple's detriment. 

 

The fact is, while it is a shame that obtaining an EAD takes a long time due to backlog and it is one of the main disadvantages of a K1, still it is the USC's responsibility to provide support for the immigrant during this downtime. Having an EAD, in no way guarantees a job, or stable work, or even having insurance. While I have complained heavily about the methods this administration has employed in enacting stricter penalties, and legal issues it could create; bringing the immigrant we love to this country, is a burden that we choose to make and it is our financial responsibility alone.

 

I would very much argue that under the UK visa scheme it is not possible under many situations for the immigrant to work, and in fact can sometimes be unfairly prohibited, and not do to backlog either. The main difference in the US, between a K1 and a spousal visa, for instance - is the ability to work upon arrival. The reason why these two visas are not the same is because K1 is a dual intent visa. The visa allows the person who could not otherwise come to this country on any other visa, to visit and marry. They may stay and adjust if they wish. It also gives them the option to return home if they so choose. And there are some scenarios where this does happen.

 

It is not the immigrant's responsibility to not become a public charge. It is the USC's responsibility to provide for their care and ensure they do not become a public charge. They are the ones that petitioned and brought them there away from their home countries.

 

[yuna628 9,676]

1 hour ago, Gemma&Kris2019NYC said:

A spousal visa takes anywhere from 1-2+ years. If I came into the US and married her on my visitor visa it would have affected my ability to get a green card. We consulted attorneys beforehand and this was still a 12 month wait. I appreciate you have restrictions based on where you’re partner is from but the statement that it was a quicker process implied an easy route. That’s why I said what I did. 
 

a spousal visa taking two years and a k1 taking a year and another 6 months to work means we can be together whilst waiting to work which was a much better option than being 3,300 miles away whilst missing them every day. 
 

my healthcare issue is I have asthma so the low rate or low grade immigrant health insurance a did not cover my asthma. Adding me to her policy was the only way to limit outgoings. They don’t need an SSN but this insurance company asked for it to prove I wasn’t working and not declaring because the NYS health marketplace required it. Maybe NY is more strict but it was harder to get coverage. 

They don't *need* the SSN. An SSN doesn't prove you aren't working. NY is not more strict - the law is the law. It doesn't matter what the phone person at the company told you, or the HR rep, or this or that. It's not needed, period.

 

Again so many couples get started down this wrong path... it's a shame, but a dirty little secret maybe. I've seen it enough times half of me feels it's just pure ignorance and negligence on the part of these employees.. and another suspects it's an intentional way to obfuscate the law, and frustrate the person into giving up because they don't know any better.

[Gemma&Kris2019NYC 1]

On 3/12/2010 at 11:13 PM, Scott & LC said:

Ah now I'm seeing clearer... haha... I guess we did the correct thing after all and the CS was right all along?? I guess I'm gonna have to ask the CS to do the I-693 again and then I will send in some evidence that I have already done medical exam in my home country and also highlight the I-693 instructions to them.

 

11 minutes ago, yuna628 said:

They don't *need* the SSN. An SSN doesn't prove you aren't working. NY is not more strict - the law is the law. It doesn't matter what the phone person at the company told you, or the HR rep, or this or that. It's not needed, period.

 

Again so many couples get started down this wrong path... it's a shame, but a dirty little secret maybe. I've seen it enough times half of me feels it's just pure ignorance and negligence on the part of these employees.. and another suspects it's an intentional way to obfuscate the law, and frustrate the person into giving up because they don't know any better.

My wife’s policy needed proof of residency. We didn’t move into a joint lease apartment until recently so I had no proof of living here. That was the issue. State laws are different and New York is more strict than California where I lived and worked years ago. Regardless I applied for my social as early as possible and most ssn offices have no clue about k1’s which was evident on going to the ss office. It’s sorted now but her policy did require it as stated on The paperwork from the insurance company because again they don’t understand the k1. It’s sorted now but if they won’t add me without it there are limited options for someone with a life long illness like asthma. We’ve paid 1,000s out of pocket for inhalers even with insurance they’re over $100 so it helped a little but stilll it’s a lot.

[Gemma&Kris2019NYC 1]

24 minutes ago, yuna628 said:

If you cannot obtain a marriage license within a quick time frame, my suggestion would be to go somewhere that you can. It would be a good idea to be proactive in approach and investigate what has the fastest turnaround before the marriage happens. In some cases K1 couples do not have the luxury others have. That being said, the license is not prohibitive to obtaining insurance, and the person can still enroll after open enrollment if using the ACA, due to having a QLE. If it is via the matter of just adding to the spouse's insurance, for most this is not prohibitive either.

 

In addition, you've stated a common falsehood and one which people convince themselves that you can't obtain health insurance without an SSN. It's 100% false, and believing it is to the couple's detriment. 

 

The fact is, while it is a shame that obtaining an EAD takes a long time due to backlog and it is one of the main disadvantages of a K1, still it is the USC's responsibility to provide support for the immigrant during this downtime. Having an EAD, in no way guarantees a job, or stable work, or even having insurance. While I have complained heavily about the methods this administration has employed in enacting stricter penalties, and legal issues it could create; bringing the immigrant we love to this country, is a burden that we choose to make and it is our financial responsibility alone.

 

I would very much argue that under the UK visa scheme it is not possible under many situations for the immigrant to work, and in fact can sometimes be unfairly prohibited, and not do to backlog either. The main difference in the US, between a K1 and a spousal visa, for instance - is the ability to work upon arrival. The reason why these two visas are not the same is because K1 is a dual intent visa. The visa allows the person who could not otherwise come to this country on any other visa, to visit and marry. They may stay and adjust if they wish. It also gives them the option to return home if they so choose. And there are some scenarios where this does happen.

 

It is not the immigrant's responsibility to not become a public charge. It is the USC's responsibility to provide for their care and ensure they do not become a public charge. They are the ones that petitioned and brought them there away from their home countries.

 

Are you missing the point? I am already married. I am British and I am fully aware of the uk immigration laws as I worked within them for over a decade. You are entitled to an opinion of course but I am telling you how the law and immigration process works I the country I was born and raised. I checked in depth before agreeing to move here to New York.
 

we thoroughly checked and my wife could apply to work within weeks of arriving. She would also have to apply to remain in the uk and apply for permanent residency but would be able to work and use the nhs as my spouse. She’s a lawyer I was in the justice system. Trust me we thoroughly checked out all options. Her jobs is legal and uk laws aren’t the same. My job was transferable and that’s the only reason I came here instead. The k1 one is a fiancé visa. It’s not dual intent. I came here to marry my wife and to work should help me contribute to the economy. If I were to be illegally trying to marry and stay just to work.... why on earth would I do that? Everything is more expensive, I lose free healthcare and cheaper prescription, cheaper tax on everything but leaving the UK. Trust me, I’m here purely for my wife. I would never come here otherwise.  I lost everything I worked for in my country and gained nothing but my wife. I’ve worked me whole life so providing for my wife is part of my humanity. I had a great job, coming here didn’t benefit me at all.
 

she is providing for me my point was that she has had additional hardship as does every k1 petitioner who isn’t filthy rich, when you cannot contribute to the household. 
 

 

[Boiler 45,486]

CR1 allows you to work straight off the boat.

[HRQX 4,145]

2 hours ago, Gemma&Kris2019NYC said:

If I came into the US and married her on my visitor visa it would have affected my ability to get a green card.

Marriage on a VWP visit is allowed: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

Quote

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

 

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program. At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

 

[Gemma&Kris2019NYC 1]

14 minutes ago, HRQX said:

Marriage on a VWP visit is allowed: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

 

So I would be intending not to abandon my uk residence according to that...? Seems like what I said is valid as I would be relocating to remain with my wife in the US,  therefore abandoning my uk residence by default. A travel visa is for visiting.
 

The link you sent seems to be the UK embassy... I moved to nyc from England so it’s mute. I came to America not doing it the other way around.

 

i know a friend came here and married her husband and didn’t leave after visiting via vwp . She struggled and couldn’t work because of her changing immigrant status and was told it was not the proper channel  And it was heavily questioned in her immigration interview.  She only got approved because it was clearly a bonafide marriage but I wouldn’t ever risk playing games with the immigration system. We did it the right way. 

Edited January 13, 2020 by Gemma&Kris2019NYC

[Boiler 45,486]

2 minutes ago, Gemma&Kris2019NYC said:

So I would be intending not to abandon my uk residence according to that...? Seems like what I said is valid as I would be relocating to remain with my wife in the US,  therefore abandoning my uk residence by default. A travel visa is for visiting. The link you sent is UK embassy I moved to nyc from England so it’s mute.

That would be the CR1 visa after you marry.

[Gemma&Kris2019NYC 1]

6 minutes ago, Boiler said:

That would be the CR1 visa after you marry.

We looked into that but I would still have had to remain outside the Us and were advised By an immigration attorney the processing time was lengthy. Hence why we went with the K1. 
 

our k1 was approved in 4 months start to finish and only because we filed at the holidays is the EAD Delayed. It hasn’t been overtly long but 6 months out of work is a millennium to those who’ve always worked and I could have been contributing to the US economy already. Just seems a silly process and other counties like uk and Canada are quicker and more efficient. 
 

under Obama the average wait time for an EAD was 30-60 days. Because of immigration laws becoming more strict under this president, this has lengthened the process. 

Edited January 13, 2020 by Gemma&Kris2019NYC