Health Insurance appeal

[Karosuko 35]

Hi guys, 

I could really need your help/experiences on this one. I am currently adjusting status from F-1 being married to LPR. As my husband is not eligible for insurance through his employer, we tried getting insurance over the Health Insurance Marketplace of NYS. After going through the rather complicated process they found my husband eligible and me not eligible for enrolling over the marketplace due to “not being lawfully present”. How they got to this ruling, I honestly don’t know. Even more so, as they accepted my documentation in the first place.  I provided them with the NOAs for the I-130 and the I-485. Although my F-1 is void by now, I applied in time for AOS and never overstayed. However, the only possibility for me to get insurance over the marketplace now, is appealing this decision.  The whole appealing process kind of freaks me out, as I really don’t want to have any troubles and I don’t know what I sign up for with this. On the other hand, I don’t see any other chance to get health insurance. If anyone could share experiences or thoughts on this it would be much appreciated. 

[igoyougoduke 1,656]

On 6/1/2020 at 10:47 AM, Karosuko said:

Hi guys, 

I could really need your help/experiences on this one. I am currently adjusting status from F-1 being married to LPR. As my husband is not eligible for insurance through his employer, we tried getting insurance over the Health Insurance Marketplace of NYS. After going through the rather complicated process they found my husband eligible and me not eligible for enrolling over the marketplace due to “not being lawfully present”. How they got to this ruling, I honestly don’t know. Even more so, as they accepted my documentation in the first place.  I provided them with the NOAs for the I-130 and the I-485. Although my F-1 is void by now, I applied in time for AOS and never overstayed. However, the only possibility for me to get insurance over the marketplace now, is appealing this decision.  The whole appealing process kind of freaks me out, as I really don’t want to have any troubles and I don’t know what I sign up for with this. On the other hand, I don’t see any other chance to get health insurance. If anyone could share experiences or thoughts on this it would be much appreciated. 

Filing AOS does not grant any status. Your F1 has expired and AOS only means you are authorized to stay until petition decision. It is not a legal status.  Its a rough situation but why would his employer not extend insurance to spouse ?

[Karosuko 35]

15 minutes ago, James120383 said:

Filing AOS does not grant any status. Your F1 has expired and AOS only means you are authorized to stay until petition decision. It is not a legal status.  Its a rough situation but why would his employer not extend insurance to spouse ?

I know, that it doesn’t grant any status, but since i am authorized to stay I am also lawfully present as opposed to illegally in the country.  He doesn’t get any in the first place because he doesn’t fulfill the criteria yet. Thanks for answering to my post, though.

[igoyougoduke 1,656]

15 minutes ago, Karosuko said:

I know, that it doesn’t grant any status, but since i am authorized to stay I am also lawfully present as opposed to illegally in the country.  He doesn’t get any in the first place because he doesn’t fulfill the criteria yet. Thanks for answering to my post, though.

Yeah its a difficult spot to be. If you have EAD you can try a job that provides health insurance or he needs to get a job that provides health insurance from the get go.  Considering you now have EAD i think you should enquire again at Market place plans as you now have an official status 

 

 

Also make sure you document all your enquiries with health insurance companies and might come into use during any issue if USCIS draws the line about not having insurance. 

Edited June 18, 2020 by James120383

[Karosuko 35]

2 hours ago, James120383 said:

Yeah its a difficult spot to be. If you have EAD you can try a job that provides health insurance or he needs to get a job that provides health insurance from the get go.  Considering you now have EAD i think you should enquire again at Market place plans as you now have an official status 

 

 

Also make sure you document all your enquiries with health insurance companies and might come into use during any issue if USCIS draws the line about not having insurance. 

that’s what I thought too. The work permit should be a game changer. As soon as I hold my EAD in hand, I’m gonna call them. 
Good advice with the documentation. Thanks a lot!