Health Insurance for Parents on B2 doing AOS while in U.S

[crbabelgium 13]

In lieu of the new health insurance requirement for immigrants via the Presidential EO I am posting this question.  I am U.S Citizen.  My parents who are currently in the U.S visiting me on a 5 year B2 visa have decided to relocate to the U.S permanently.  They saw their grand children for the first time and are smitten by them and decided they want to be part of their lives.  They had no intention on staying in the U.S and were visiting us for 3 months leaving in Jan but now I am exploring filing an AOS for them while they are already here.  I went through this process years ago for my spouse whom is a U.S citizen now and did AOS for them while they were already here on B2 after we got married.  I was able to add my spouse to my employer provided health insurance w/out SSN back then but my coverage doesn't apply to parents.  My question is what type of health insurance should they purchase?  They have traveler's insurance that they purchased for their trip but reading the forum it doesn't appear that qualifies in their case with this new rule.  Can someone guide me if they or I can purchase insurance for them via the ACA marketplace?  Any insurance vendors you recommend?  Plz keep in mind they are already in the U.S on B2 visa doing AOS.  They and I have the financial means to purchase insurance.  Both are over 65 years of age.  It hasn't been 30 days since they arrived in the U.S. 

 

P.S They are former GC holders who got GC in the 90s but never chose to settle in the U.S due to their careers and surrendered their GCs while receiving their B2 visas. 

 

P.S.S Their 5 year B2 visa expires next year in Feb and they have return ticket to leave country before then.  Do you recommend they return to their country and we apply for their GC from there?  Even then it seems with this new rule we should get their health insurance in U.S sorted out for that.

[payxibka 10,045]

3 minutes ago, crbabelgium said:

In lieu of the new health insurance requirement for immigrants via the Presidential EO I am posting this question.  I am U.S Citizen.  My parents who are currently in the U.S visiting me on a 5 year B2 visa have decided to relocate to the U.S permanently.  They saw their grand children for the first time and are smitten by them and decided they want to be part of their lives.  They had no intention on staying in the U.S and were visiting us for 3 months leaving in Jan but now I am exploring filing an AOS for them while they are already here.  I went through this process years ago for my spouse whom is a U.S citizen now and did AOS for them while they were already here on B2 after we got married.  I was able to add my spouse to my employer provided health insurance w/out SSN back then but my coverage doesn't apply to parents.  My question is what type of health insurance should they purchase?  They have traveler's insurance that they purchased for their trip but reading the forum it doesn't appear that qualifies in their case with this new rule.  Can someone guide me if they or I can purchase insurance for them via the ACA marketplace?  Any insurance vendors you recommend?  Plz keep in mind they are already in the U.S on B2 visa doing AOS.  They and I have the financial means to purchase insurance.  Both are over 65 years of age.  It hasn't been 30 days since they arrived in the U.S. 

 

P.S They are former GC holders who got GC in the 90s but never chose to settle in the U.S due to their careers and surrendered their GCs while receiving their B2 visas. 

 

P.S.S Their 5 year B2 visa expires next year in Feb and they have return ticket to leave country before then.  Do you recommend they return to their country and we apply for their GC from there?  Even then it seems with this new rule we should get their health insurance in U.S sorted out for that.

Once the i485 is filled they are eligible for marketplace coverage.   

[crbabelgium 13]

7 hours ago, payxibka said:

Once the i485 is filled they are eligible for marketplace coverage.   

Thanks!  Should they try to find a health insurance plan if they purchase via the marketplace that doesn't utilize tax subsidies so they don't get dinged for becoming public charge?  A cursory search on the marketplace for state of Ohio reveals they might not find the best plan via it anyways so they are going to shop around for the best and affordable plan. 

[payxibka 10,045]

1 minute ago, crbabelgium said:

Thanks!  Should they try to find a health insurance plan if they purchase via the marketplace that doesn't utilize tax subsidies so they don't get dinged for becoming public charge?  A cursory search on the marketplace for state of Ohio reveals they might not find the best plan via it anyways so they are going to shop around for the best and affordable plan. 

Of course you do your due diligence and make the best informed decision.  Why do you think it will be a public charge concern?

[crbabelgium 13]

7 minutes ago, payxibka said:

Of course you do your due diligence and make the best informed decision.  Why do you think it will be a public charge concern?

Frankly I am not familiar with ACA or how the marketplace works.  I have always had employer provided health insurance.  I just found a lot of discussion around public charge when health coverage is being discussed on this forum and when I went to various websites to search for plans this evening, they asked if the buyer had or wanted to take into account govt tax subsidies to calculate premium rates.  I wasn't sure how to answer those prompts and whether they can buy a health insurance plan with tax subsidies applied? 

 

Also do I have to declare them as dependents when I file my taxes next year?

[payxibka 10,045]

9 minutes ago, crbabelgium said:

Frankly I am not familiar with ACA or how the marketplace works.  I have always had employer provided health insurance.  I just found a lot of discussion around public charge when health coverage is being discussed on this forum and when I went to various websites to search for plans this evening, they asked if the buyer had or wanted to take into account govt tax subsidies to calculate premium rates.  I wasn't sure how to answer those prompts and whether they can buy a health insurance plan with tax subsidies applied? 

 

Also do I have to declare them as dependents when I file my taxes next year?

If you look on healthcare.gov it says adjustment to LPR applicants are eligible,  if the tax credit violates the i864 then why are they eligible.   

[crbabelgium 13]

2 minutes ago, payxibka said:

If you look on healthcare.gov it says adjustment to LPR applicants are eligible,  if the tax credit violates the i864 then why are they eligible.   

Thank you!!  I was not aware of this.

[payxibka 10,045]

6 minutes ago, crbabelgium said:

Thank you!!  I was not aware of this.

As for dependency,  the answer is maybe.   You are never required to claim someone as your dependant.   However,  if you provide more than 50% of there support,  you have the option to do so if it is tax advantageous 

[azblk 338]

Tax credits are not subsidies.

[Villanelle 4,122]

Marketplace subsidies are based on income. So poorer people get a larger ones and wealthier people get very little if any.... You say they have the financial means to pay for insurance, so I am going to assume they probably wouldnt get much if any of a subsidy.  The marketplace is still one of the best options to find what plans cost and what companies are available in your area. You can go to each companies website that you find on the marketplace to see if they have additional plans available besides what they show on marketplace that may be better suited for them.

 

If you are going to be providing more then 50% of their support then you can claim them as dependents. If you do then your income will be counted (with a higher total household size) for considering any subsidy they may get. Also if you do end up claiming them as dependents they will probably have a higher tax burden as their income would be subject to different tax brackets as dependents then it would if they filed on their own. You should probably speak to a CPA to find out specifics but generally claiming dependents reduces your tax burden but increases the taxes that may be due on the dependents income.

 

If they can afford the coverage with out subsidies (keeping in mind if they can they may not even get a substantial subsidy) then its best to avoid taking the subsidy. Yes, marketplace allows adjustment to LPRs to get subsidies but in the proposed and now delayed changes to the 864 it was considered a plus to have health insurance as long as you arent using subsidies for it regarding public charge issues. 

 

 

[databit 328]

I don't know why people here are saying your parents can get ACA  (Obamacare) health coverage from the marketplace. People must earn (as of 2109) a MINIMUM income of $12,140 per person. It is NOT an option for people who earn nothing. 

[geowrian 22,337]

28 minutes ago, databit said:

I don't know why people here are saying your parents can get ACA  (Obamacare) health coverage from the marketplace. People must earn (as of 2109) a MINIMUM income of $12,140 per person. It is NOT an option for people who earn nothing. 

I'm unaware of being unable to get coverage for anybody...you just won't get any credits if you're under that amount.

[payxibka 10,045]

1 hour ago, databit said:

I don't know why people here are saying your parents can get ACA  (Obamacare) health coverage from the marketplace. People must earn (as of 2109) a MINIMUM income of $12,140 per person. It is NOT an option for people who earn nothing. 

Huh?

[databit 328]

Ohio is one of the states that expanded Medicaid. In the states that did, people falling below the minimum ACA income level (and do not qualify for Medicare even if over 65) would be usually covered under Medicaid. Do not know Ohio's laws about accepting new immigrants under Medicaid.

[payxibka 10,045]

14 minutes ago, databit said:

Ohio is one of the states that expanded Medicaid. In the states that did, people falling below the minimum ACA income level (and do not qualify for Medicare even if over 65) would be usually covered under Medicaid. Do not know Ohio's laws about accepting new immigrants under Medicaid.

If they don't accept immigrants then they can fall back on ACA and pay a premium versus free Medicaid