New Healthcare Requirements for US Immigrants

[geowrian 22,337]

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.

The link is for the US embassy and consulates located in the UK. They (well, London specifically) are the ones to issue the visa to move from England to the US.

I think they are referring to:

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.

 

The idea is you enter with either a tourist visa or via the VWP, marry, then go through the spousal (CR-1) visa process. That chain of events is perfectly legal.

[Boiler 45,486]

1 minute ago, Gemma&Kris2019NYC said:

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. 

Nope, simply not true.

 

Seems you did not consider all your options and are now blaming everybody else for your choice.

[yuna628 9,676]

2 minutes ago, Boiler said:

Nope, simply not true.

 

Seems you did not consider all your options and are now blaming everybody else for your choice.

Goodness, I'm pretty critical when it comes to this administration, but even I agree with you here. Gosh... remember when K1s used to take a year or two at Texas, but over in California people would breeze by in a week? Man that was hard to take.. all while under the previous administration. Always thought the EAD 60-90 day wait was standard, and any faster was just lucky. The wait for that wasn't too bad under this administration, before the backlogs piled up I suppose.

 

I think when it comes down to it, a lot of persons are focused on being together and nothing else (that's why we see a lot of hot mess threads maybe?). Not that it's a bad thing. It's agonizing waiting and LDRs are not easy things. How long we stayed apart and prepared financially was not a typical couple I think, but even then we did not expect the constant rejections with the EAD, and how close we came to losing our healthcare. Without all the preparing and saving, we wouldn't have made it. No idea how others do... but I can't stress enough it's so important that the couple needs to consider an even longer extended period without a job and further healthcare costs during that downtime. Bad things happen to good and well meaning people. Immigration can be a difficult process, but remaining in the dark and letting health insurance companies, HR and or the SSA walk all over you can create bigger headaches. You have to make careful choices, even if it takes you the long way around.

 

1 hour ago, Gemma&Kris2019NYC said:

 

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.

Proof of residency has nothing to do with having an SSN. Again it is the fault of your wife's policy agent or HR rep that gave false information. State laws really don't have a lot to do with the main point which was raised in this thread i.e. ''health insurer won't give me insurance without an SSN''. It is the same in all states. The law regarding not needing an SSN is the same in every state and with every insurer, and furthermore applies to both citizens and non-citizens alike. We have seen this too many times to count. Many couples have successfully obtained health insurance in the state of NY. 

 

With health problems, it is especially important that the USC spouse finds out what their insurance will and won't cover for medications, and if a plan change may be necessary. There are different tiers, and the costs of each will effect the cost out of pocket to the patient. Inhaler costs are on the rise, along with other medications, and $100 is not uncommon for higher tier drugs that are not generic or on a particular list. 

58 minutes ago, Gemma&Kris2019NYC said:

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. 
 

 

Even if your spouse went through the process of remaining in the UK, the NHS would not be free, as it would be to you. A surcharge applies, just as such a surcharge would apply if you, if you ever return to the UK for a time.

 

I am well aware of what a K1 visa is. Do you not think we have all been through these processes? It is a non-immigrant visa with dual intent. With it the immigrant has the option of applying to adjust status and staying, or they may return home, and later file for a spousal visa if they wish. I think we all made tough decisions when we either chose to come to the US for our fiances and spouses or understood the sacrifices our fiances and spouses made for us.

 

Yes every K1 petitioner has the added burden of caring for that immigrant, and that is how it should be. You make the choice to agree to the terms with the government willingly and knowingly. That does not mean however, that the couple shouldn't make smart choices and plans regarding their financial ability in the face of love. You will find on this forum tons of stories of people who, after waiting for so long to have their EAD or their green cards, find that work just doesn't *happen*. The burdens continue. Perhaps they eventually find work, some in reduced circumstances then they were once used to. Some have to start completely over again, working minimum wage. Things just don't work out all rosy as some think they should.

[geowrian 22,337]

1 hour ago, Gemma&Kris2019NYC said:

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.

Fair enough to go with the K-1 for speed. That's what I did. We didn't want to wait 6-10 months to see each other again so we could marry then start the process.

But the inability to work for so long is a consequence of that decision. It is a trade off between speed and benefits (besides the other drawbacks of a K-1, which do not appear to apply here).

It's one thing to state that you feel the process should be changed to decrease the wait to be able to work. It's another to complain about having to do so when it was a direct consequence of one's own choice.

 

Quote

Just seems a silly process and other counties like uk and Canada are quicker and more efficient.

Much less of a backlog, different requirements, etc. with other countries.  The US grants permanent residency to more people than any other nation annually. With that comes a massive processing load. The US handles about double what the UK and Canada handle combined.

The US accepts over 1.18 million new immigrants annually.

UK is around 350,000.

Canada is around 300,000.

Source: https://www.usnews.com/news/best-countries/slideshows/10-countries-that-take-the-most-immigrants?slide=8

 

I don't think Canada even has a fiance visa anymore...?

 

Quote

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

What laws exactly? Or more precisely, what policy changes (laws require Congress).

 

I can only think of a few changes that have increased processing timelines, mainly focused on the USCIS side of things:

• Removed availability of AOS interview waiver for K-1. Not everyone got one, but it was possible to get the interview waived.
• "Extreme vetting" impacting some cases, resulting in long background checks. This was always a case, although I do think the occurrence has risen. But it does not impact the majority of cases.
• Additional waivers being filed for travel-banned countries. This again impacts only a small number of cases, so it's impact on the whole is likely fairly minimal.

The statistics of average time spent per form type are fairly unchanged. Nothing out of the ordinary from what I've seen, actually.

 

The main issue with delays is demand. 1.18 million immigrants is a massive amount of paperwork.

 

Edit: I would just add that the DACA decision by Obama massively delayed K-1s. Like...you don't even want to know how long it took due to the sudden influx of DACA applications.

Edited January 13, 2020 by geowrian

[yuna628 9,676]

15 minutes ago, geowrian said:

 

 

I don't think Canada even has a fiance visa anymore...?

 

Don't think they do either. The UK actually has one, and it's pretty silly in the sense unlike the US it is not a dual intent visa - and the person has to return home afterwards - no adjusting from inside because they don't like that. You can't get married visiting there either, unlike the US too. It does make me appreciate that the US gives options to people, even if they can be complicated and have drawbacks and tradeoffs. K1s work for some people, and others they do not.

Edited January 13, 2020 by yuna628

[Gemma&Kris2019NYC 1]

7 hours ago, geowrian said:

Fair enough to go with the K-1 for speed. That's what I did. We didn't want to wait 6-10 months to see each other again so we could marry then start the process.

But the inability to work for so long is a consequence of that decision. It is a trade off between speed and benefits (besides the other drawbacks of a K-1, which do not appear to apply here).

It's one thing to state that you feel the process should be changed to decrease the wait to be able to work. It's another to complain about having to do so when it was a direct consequence of one's own choice.

 

Much less of a backlog, different requirements, etc. with other countries.  The US grants permanent residency to more people than any other nation annually. With that comes a massive processing load. The US handles about double what the UK and Canada handle combined.

The US accepts over 1.18 million new immigrants annually.

UK is around 350,000.

Canada is around 300,000.

Source: https://www.usnews.com/news/best-countries/slideshows/10-countries-that-take-the-most-immigrants?slide=8

 

I don't think Canada even has a fiance visa anymore...?

 

What laws exactly? Or more precisely, what policy changes (laws require Congress).

 

I can only think of a few changes that have increased processing timelines, mainly focused on the USCIS side of things:

• Removed availability of AOS interview waiver for K-1. Not everyone got one, but it was possible to get the interview waived.
• "Extreme vetting" impacting some cases, resulting in long background checks. This was always a case, although I do think the occurrence has risen. But it does not impact the majority of cases.
• Additional waivers being filed for travel-banned countries. This again impacts only a small number of cases, so it's impact on the whole is likely fairly minimal.

The statistics of average time spent per form type are fairly unchanged. Nothing out of the ordinary from what I've seen, actually.

 

The main issue with delays is demand. 1.18 million immigrants is a massive amount of paperwork.

 

Edit: I would just add that the DACA decision by Obama massively delayed K-1s. Like...you don't even want to know how long it took due to the sudden influx of DACA applications.

I think you’ll find it’s closer to 627,000 comparable to the uk population and America’s numbers to theirs. Government link below.

 

https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/internationalmigration/bulletins/migrationstatisticsquarterlyreport/february2019

 

when trump created the crisis at the border he moved 100,000 uscis case officers from immigration processing to asylum processing to meet the court ruling of processing detained persons within a 3 month period. That heavily delayed the other immigration paperwork such as work visas, adjustments and all other visas being processed. You can’t take away 100,000 officers and close all international uscis offices and make us officers do the work without delays. Since trump took office delays are longer and wait times for approval. Check the stats. Google it. Uscis have old and new processing times and the demand isn’t That much higher for legal immigrants to justify the longer waits. Link below. 

 

https://www.afsc.org/blogs/news-and-commentary/trumps-attacks-legal-immigration-system-explained

[Gemma&Kris2019NYC 1]

7 hours ago, geowrian said:

Fair enough to go with the K-1 for speed. That's what I did. We didn't want to wait 6-10 months to see each other again so we could marry then start the process.

But the inability to work for so long is a consequence of that decision. It is a trade off between speed and benefits (besides the other drawbacks of a K-1, which do not appear to apply here).

It's one thing to state that you feel the process should be changed to decrease the wait to be able to work. It's another to complain about having to do so when it was a direct consequence of one's own choice.

 

Much less of a backlog, different requirements, etc. with other countries.  The US grants permanent residency to more people than any other nation annually. With that comes a massive processing load. The US handles about double what the UK and Canada handle combined.

The US accepts over 1.18 million new immigrants annually.

UK is around 350,000.

Canada is around 300,000.

Source: https://www.usnews.com/news/best-countries/slideshows/10-countries-that-take-the-most-immigrants?slide=8

 

I don't think Canada even has a fiance visa anymore...?

 

What laws exactly? Or more precisely, what policy changes (laws require Congress).

 

I can only think of a few changes that have increased processing timelines, mainly focused on the USCIS side of things:

• Removed availability of AOS interview waiver for K-1. Not everyone got one, but it was possible to get the interview waived.
• "Extreme vetting" impacting some cases, resulting in long background checks. This was always a case, although I do think the occurrence has risen. But it does not impact the majority of cases.
• Additional waivers being filed for travel-banned countries. This again impacts only a small number of cases, so it's impact on the whole is likely fairly minimal.

The statistics of average time spent per form type are fairly unchanged. Nothing out of the ordinary from what I've seen, actually.

 

The main issue with delays is demand. 1.18 million immigrants is a massive amount of paperwork.

 

Edit: I would just add that the DACA decision by Obama massively delayed K-1s. Like...you don't even want to know how long it took due to the sudden influx of DACA applications.

Further to your msg, the uk population is 

67,607,960 and we admitted 627,000 immigrant applicants in 2018. 
 

US population is 327,000,000

you admitted 1.8m immigrants. Not really more when you base iron population. It’s actually a very small number based on population size and land mass. Based on case workers and processing time’s for fiancé marriage visa in uk being 8-12 weeks I’d say it far from excuses the wait time difference. 

the uk marriage or fiancé visas are different to here. If you come into the uk on a fiancé visa you cannot work until you’re married and you get approval of your application for a marriage visa. If you marry elsewhere you can enter and apply directly for the marriage visa which has a work permit which is renewable. I wouldn’t say that’s worse. You’re taking about a fiancé visa which is pointless and a marriage visa which is a work around. I’m married now to my American wife. I could easily petition from here to have her come to England as my wife where she can work once the application is approved after 8-12 weeks. We could easily get access to healthcare and wrk for my wife if her work was transferable .

 

[Boiler 45,486]

Well not how the UK system works, but we digress.

[Bill Hamze 89]

Gemma&Kris2019NYC,

 

I read your posts, and your case seems particularly difficult - and maybe unusually so. And I'm sorry to hear that you got assaulted. That's atrocious and a hate crime that should not have happened. 

 

However, the reality is that the immigration system in the US is broken and irreparably so (as long as Congress remains in gridlock), and you got caught in the middle of such a broken system. I do say that it would have been better if you went the CR1 route, despite being separated for so long. Personally, I am doing the CR1/IR1 route with my wife, and I am making that sacrifice by uprooting my American life to live in Vietnam with my Vietnamese wife. I wasn't willing to spend all that time apart by living in the US while she stays in Vietnam and remains unable to visit the US on a B2 visa. 

 

Even if presented with a K1 option, I would have preferred to marry first, then go live with my wife in her native country, and go through the CR1/IR1 process... rather than going with a K1.

 

Also, your complaints about the health care costs is reflective of the US healthcare system, which is also broken. You also have to keep in mind that the US healthcare system has a vested interest in having a large population that is sick and unhealthy, rather than curing most diseases as soon as possible. Reason is simple - healthy people don't go to the doctor and spend those co-pays. 

 

Might I suggest looking into alternative or naturopath treatments for your asthma? The cause of your asthma may not be exactly what you think it may be. Keep in mind that I'm not saying "never go to the doctor again! take some herbs and you'll feel all better!"  All I'm saying is to open your mind to alternatives, rather than play victim and blame others for your problems.

 

 

[Besamiot 35]

On 10/4/2019 at 10:52 PM, DesiJase said:

 I wonder how the thirty days will work with K-1. We can't add them to our insurance at work until we are married, right ? 

Even if that's the case, I don't know if you can have your spouse on your insurance anytime you get married. Isn't there a certain time ( I think October or November) that people can adjust their insurance policy? 

[geowrian 22,337]

3 minutes ago, Besamiot said:

Even if that's the case, I don't know if you can have your spouse on your insurance anytime you get married. Isn't there a certain time ( I think October or November) that people can adjust their insurance policy? 

Getting married is a Qualifying Life Event (QLE) for a Special Enrollment Period (SEP). This is usually valid for ~30-60 days from the date of marriage.

Edited January 19, 2020 by geowrian

[Besamiot 35]

1 hour ago, geowrian said:

Getting married is a Qualifying Life Event (QLE) for a Special Enrollment Period (SEP). This is usually valid for ~30-60 days from the date of marriage.

It's good to know that. Thanks for the information.  I hope the Government can consider this and not "punish " the US citizen partner.  So, does this apply to any kids your beneficiary may have? And its getting tougher and longer for beneficiaries to get their papers so they can work and take care of their insurance. When you are independent,  you can't count on tax payers help. 

[geowrian 22,337]

1 minute ago, Besamiot said:

It's good to know that. Thanks for the information.  I hope the Government can consider this and not "punish " the US citizen partner.  So, does this apply to any kids your beneficiary may have? And its getting tougher and longer for beneficiaries to get their papers so they can work and take care of their insurance. When you are independent,  you can't count on tax payers help. 

If you are referring to anything with the K-1 process, just note that the proclamation does not apply to K-1 visas.

 

https://travel.state.gov/content/dam/visas/presidentialproclamation/Presidential Proclamation on Healthcare.pdf

Quote

This requirement will apply to all immigrant visa applicants and individuals seeking to enter the United States on an immigrant visa, except:

...

Applicants for K fiancé(e) visas and other aliens entering the United States without an immigrant visa, including lawful permanent residents, refugees, and asylees

 

[Besamiot 35]

4 minutes ago, geowrian said:

If you are referring to anything with the K-1 process, just note that the proclamation does not apply to K-1 visas.

 

https://travel.state.gov/content/dam/visas/presidentialproclamation/Presidential Proclamation on Healthcare.pdf

 

Thanks again.  Yes, I was referring to K-1 (as that's what I'm waiting for). I didn't read the proclamation in its entirety. I feel better now. I appreciate all the help and information I can get here. There is wrong information out there too. Thank you guys for bringing concise and needed information into this forum.  It is much appreciated. 

[cboy 1]

My MIL and FIL had an interview today at Mumbai. They got 221(G) refusal for missing docs which they will submit through drop-box. 

 

FYI, CO did not ask anything about health insurance.