Medical insurance during AOS from B2 for a parent

[ProbeGT 46]

13 hours ago, BDD said:

You're right. We didn't file for an EAD since my mother in law is retired, but looks like that would have made her eligible for ACA as well.

 

 

 

You should probably file for an EAD and AP.  There may be no fee if tied to an AOS application (not sure, please verify).  No harm in having these documents.

14 hours ago, HRQX said:

They can file I-485 now since parent of US citizen is an Immediate Relative category: https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf "Immediate relatives do not have to wait until Form I-130 is approved to file Form I-485. You may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved."

Federal law is explicitly clear; see 45 CFR § 152.2. In your case, the enrollee must "have a pending application for adjustment of status." I-130 notices don't prove that there is a pending I-485.

Great information.  Thanks!  OP, I would file I-485 + EAD + AP ASAP if not already done (looks like you may have filed I-485)

[BDD 8]

I suppose we can use the 485 NOA as the date she moved to the US for special enrollment since up until then, she's just been here as a visitor.

 

We did file for AP,  but no EAD since she's retired with no intentions of returning to the workforce.

 

 

[HRQX 4,145]

18 minutes ago, BDD said:

We did file for AP,  but no EAD since she's retired with no intentions of returning to the workforce.

Have you checked local I-485 processing times? Some are longer than others. Filing I-765 could result in getting SSN sooner. For example, some even file I-765 on behalf of their very young children (e.g. 4 years old) for the SSN. Obviously such young children aren't actually going to enter the workforce soon.

Edited December 11, 2020 by HRQX

[BDD 8]

1 hour ago, HRQX said:

Have you checked local I-485 processing times? Some are longer than others. Filing I-765 could result in getting SSN sooner. For example, some even file I-765 on behalf of their very young children (e.g. 4 years old) for the SSN. Obviously such young children aren't actually going to enter the workforce soon.

Interesting. We will consider that. ACA doesn't require a SSN and I don't think my mother in law will need one, but if there's no good reason not to file, we might as well. 

[Sirfonners 4]

FYI,

I was successfully able to get my wife covered through the ACA marketplace, with no SSN or EAD/AP.

They kept asking for some sort of immigration document that showed how long she is permitted to stay in country. As you might be aware, if you only have the NOA1, you don't really have anything like that. It took 2 lengthy phone calls to the marketplace, and one call to USCIS, but finally everything is good.

 

This is what we ended up sending:

Copy of foreign passport info page

Copy of U.S. visa she entered on (B1)

Copy of I-94

Copy of I-797c

Marriage certificate (visa had her maiden name)

and a lengthy note

 

In the note, I explained that the ACA website says they allow immigrants with "Adjustment to LPR Status". However, USCIS did not provide a document with any end date to her status, and that she must stay in the country until a decision is made on her AOS or her application would be considered abandoned. I pointed out the visa she used to enter, the I-94 with her entry date, and the I-797c that confirms her having the status of adjustment LPR status, etc.

 

I don't know think anything besides the I-797c was required. But we tried that, and that with an explanation. Both attempts were shot down, so we sent everything, and it worked. To be honest, everyone we spoke to at the marketplace had no clue about somebody in our situation, and I am pretty sure they were reading at a generic list that applies to most immigrants. So, no matter what, I think you will just have to keep bugging them until somebody figures it out or they get tired of hearing from you.

Edited December 12, 2020 by Sirfonners

[neo_ny 22]

On 12/12/2020 at 10:00 AM, Sirfonners said:

FYI,

I was successfully able to get my wife covered through the ACA marketplace, with no SSN or EAD/AP.

They kept asking for some sort of immigration document that showed how long she is permitted to stay in country. As you might be aware, if you only have the NOA1, you don't really have anything like that. It took 2 lengthy phone calls to the marketplace, and one call to USCIS, but finally everything is good.

 

This is what we ended up sending:

Copy of foreign passport info page

Copy of U.S. visa she entered on (B1)

Copy of I-94

Copy of I-797c

Marriage certificate (visa had her maiden name)

and a lengthy note

 

In the note, I explained that the ACA website says they allow immigrants with "Adjustment to LPR Status". However, USCIS did not provide a document with any end date to her status, and that she must stay in the country until a decision is made on her AOS or her application would be considered abandoned. I pointed out the visa she used to enter, the I-94 with her entry date, and the I-797c that confirms her having the status of adjustment LPR status, etc.

 

I don't know think anything besides the I-797c was required. But we tried that, and that with an explanation. Both attempts were shot down, so we sent everything, and it worked. To be honest, everyone we spoke to at the marketplace had no clue about somebody in our situation, and I am pretty sure they were reading at a generic list that applies to most immigrants. So, no matter what, I think you will just have to keep bugging them until somebody figures it out or they get tired of hearing from you.

Thanks for sharing your experience!  I agree with you and am pretty confident that we could get coverage for our immediate family member under ACA when waiting to adjust their status, by being relentless, if necessary as you did.  My concern is how it could potentially impact the adjudication of the case with respect to public charge, especially if you are getting a subsidy.  With the new I-944 form now in play, having an elderly parent that adds some negative factors per the language in the I-944/public charge rule, I feel very hesitant in signing my mom up until her case is approved.  Do folks feel very confident that this would be a non-issue? 

[BDD 8]

It wasn't easy to make this happen with ACA, but we did it and we are very grateful.  Special thanks to @ProbeGT 🙏  and everyone who contributed.

 

In my eyes, the last several years were a very dark time for our nation and many times I found myself embarrassed explaining how things work in America to our family and friends oversea regarding a variety of matters, but this makes me feel very proud. I hope we can fix our messed up healthcare system in the next several years.

 

Also, we are now in the Case is Ready to Be Scheduled for An Interview status of adjusting from B2 to LPR. I assume they already reviewed and approved the I-944, but hopefully they'll be able to run them through a shredder soon (if they haven't already) and future applicants don't have to go through the torture.

 

 

 

 

 

 

 

 

[ProbeGT 46]

On 4/30/2021 at 5:46 PM, BDD said:

It wasn't easy to make this happen with ACA, but we did it and we are very grateful.  Special thanks to @ProbeGT 🙏  and everyone who contributed.

 

In my eyes, the last several years were a very dark time for our nation and many times I found myself embarrassed explaining how things work in America to our family and friends oversea regarding a variety of matters, but this makes me feel very proud. I hope we can fix our messed up healthcare system in the next several years.

 

Also, we are now in the Case is Ready to Be Scheduled for An Interview status of adjusting from B2 to LPR. I assume they already reviewed and approved the I-944, but hopefully they'll be able to run them through a shredder soon (if they haven't already) and future applicants don't have to go through the torture.

 

I am very happy for you!  Great to hear that it worked out

[Ontarkie 14,192]

~~Moved to Moving Here and Your New Life, from AOS FAmily - where health insurance is discussed often, this thread will help others looking into medical insurance~~