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Posted

Hello,

 

I just received back from NVC my files and fees have been accepted and now they forwarded to the ambassader in Vietnam for an Interview Date.

 

My question is, I file my Green card and submitted all documents to NVC on Feb 20, 2020 before Feb 24, 2020 that the Public Charge Rules take in effect.  Do I still need to fill out the DS:5540?  

 

Also, there is a question on the DS:5540 that ask

4A. Will you be covered by health insurance in the United States within 30 days of your entry into the United States?

 

Yes No If you answered "yes" to Item A, identify the specific health insurance plan and date coverage will begin.

 

 

How do I go and purchased Healthcare for Spouse to have Proof that I will buy Healthcare for her because I have no ways to know when she will enter the USA yet.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Assuming she will be added to your plan submit details of that.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
4 minutes ago, Starkness said:

The Healthcare I have right now is @ Healthcarefinder.gov.

 

I think it does not let me add on another member without US Citizen or Permanent Resident Status.

I think you mean healthcare.gov. Healthcarefinder.gov goes nowhere.

 

Right. Nobody says you need to add them before they are an LPR. You should show evidence of planning and being able to add them, and the cost for doing so.

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: K-1 Visa Country: Wales
Timeline
Posted

So you buy through the Exchange?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted
3 minutes ago, Starkness said:

Yeah Healthcarefinder.gov, I'm currently with Molina Healthcare Bronze.

 

Can I buy her Travel Health Insurance?  Will that work?

That does not exist.

 

Presumably she is immigrating not travelling?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)

Does anyone know if I submit my applications and documents before Public Charge take effect on Feb 24, 2020 then this won't apply to me?  All my documents ds 260 and everything was submitted on Feb 22, 2020.

Edited by Starkness
Posted
7 hours ago, Starkness said:

Does anyone know if I submit my applications and documents before Public Charge take effect on Feb 24, 2020 then this won't apply to me?  All my documents ds 260 and everything was submitted on Feb 22, 2020.

If you had a timeline you could get an answer that applies in you case.  

 

If you weren't past the NVC on Feb 24th, you can expect the NVC or the Consulate to ask for a DS-5540.  An actual insurance policy isn't need until arrival in the US.  If you are worried about public charge you can buy a policy prior to the interview.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted
13 hours ago, Starkness said:

 

How do I go and purchased Healthcare for Spouse to have Proof that I will buy Healthcare for her because I have no ways to know when she will enter the USA yet.


It appears you plan to buy "private insurance" (that is, not through an employer). I do know from personal experience with ACA plans that it's tough to get coverage activated within 30 days of immigrating.

 

The Catch-22: under the ACA, an immigrant has a "qualifying event" upon entering the U.S.  But the ACA states that the immigrant cannot apply until the event happens (and within 60 days). If you apply before the 15th of the month, then coverage would begin the following month. If applying after the 15th, coverage is delayed until the first of the NEXT FOLLOWING month. Add to that the time it takes to register, choose a plan, submit qualifying documents (which can take weeks) -- it's very likely that you could go 45+ days until coverage begins.

 

The effect on the immigrant isn't the ACA's fault, it's the Executive Order that imposed the "30 days" rule. I suspect the.... um... office that instated it knew full well the situation.

 

Most immigrant sponsors have employer-based insurance, I suspect. But for those of us who don't, it's maddening.

I don't know specifically about the DS-5540 and its requirements, as my wife immigrated in August 2019. But I had to wrestle with this situation; it would be unconscionable to bring an immigrant to the U.S. without some kind of health insurance. Short-term health insurance does not qualify as "ACA qualifying coverage", so it's likely that wouldn't satisfy the DS-5540 requirement (just guessing). Short-term is next to worthless, but better than nothing for the period you're waiting for ACA coverage. Every U.S. state has different rules for short-term insurance, so what's available in one state might not be in another.

 

Just my guess, but I think all you can do, and what you need to do, is demonstrate your intention and ability to pay for coverage on the ACA exchange at the earliest date possible.

 

Link to my thread on my health insurance dilemma:
   www.visajourney.com/forums/topic/709433-health-insurance-for-new-arrivals-lpr-and-usc/
 

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Agree with HalfWayMark. It's not an issue because nobody is going to insure someone that does not live in the U.S.. It would be pointless because she can't use it overseas and there is no guarantee of an arrival date. Your biggest concern is the interview. Trust me, I've been through the HCMC consulate. It's a high-fraud country and denials seem to be on the rise. Our friend was denied a tourist visa, despite tight ties to VN. Have you financials ready and make sure you can prove she will be provided for. With our extreme unemployment situation, I'm betting that it's going to get harder to get a visa.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Well hang on a minute, I certainly know someone who in the UK used her US Health Insurance to cover Doctor Visits, as she was paying had no issue getting an appointment, so maybe, maybe not.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: Uganda
Timeline
Posted
2 hours ago, WandY said:

Agree with HalfWayMark. It's not an issue because nobody is going to insure someone that does not live in the U.S.. It would be pointless because she can't use it overseas and there is no guarantee of an arrival date. Your biggest concern is the interview. Trust me, I've been through the HCMC consulate. It's a high-fraud country and denials seem to be on the rise. Our friend was denied a tourist visa, despite tight ties to VN. Have you financials ready and make sure you can prove she will be provided for. With our extreme unemployment situation, I'm betting that it's going to get harder to get a visa.

I have insurance on my husband and he is not here yet so it is possible. 

Posted

I'm sure it's possible. It's free money for them. It's just pointless...it's not needed until they are in the US.

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

 

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

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