Health Insurance and I-751 filing

[brazilk1visa 12]

Hello, I will file the I-751 for my Brazilian wife in the second half of 2021 but I need to pick a health insurance plan this month.

Because my income has decreased, I am considering getting a health insurance that is subsidized by the government. Since we live in California, that would be Medical, I guess.

I heard that the ROC phase doesn't require the sponsor (myself) or the sponsored to show financial proof but I am still worried about getting public health insurance.\

 

My question is, does having a government funded health plan ("Medical" in my case) affects the I-751 filing, especially in California?

[mindthegap 2,599]

No

[da95826 387]

Covered California will not affect your i751 case nor will Medical. No public charge issues with covered California.in anycase if you ever think of sponsoring other relatives. 

 

I751 applications do not have any public charge issues at all, food stamps, welfare payments, etc will not effect your i751 filing in any way. 

 

You need need to show you are filing your taxes together with spouse,  have a joint bank accounts, prove you live together with you spouse, you have children together. and so on.

 

There are no financial or public charge requirements to get an i751 approved. 

[brazilk1visa 12]

15 hours ago, da95826 said:

Covered California will not affect your i751 case nor will Medical. No public charge issues with covered California.in anycase if you ever think of sponsoring other relatives. 

 

I751 applications do not have any public charge issues at all, food stamps, welfare payments, etc will not effect your i751 filing in any way. 

 

You need need to show you are filing your taxes together with spouse,  have a joint bank accounts, prove you live together with you spouse, you have children together. and so on.

 

There are no financial or public charge requirements to get an i751 approved. 

Thank you so much for the thorough explanation! It helps a lot.

Since we are on the topic, do the same rules apply for unemployment benefits?

Edited December 7, 2020 by brazilk1visa

[da95826 387]

Unemployment payments has no negative impact on public charge as it is an earned benefit.

 

As noted before there is no impact on an i751 application with any public charge or financial minimums. There are no minimum income required to remove the conditions from your green card.

 

 

[brazilk1visa 12]

2 hours ago, da95826 said:

Unemployment payments has no negative impact on public charge as it is an earned benefit.

 

As noted before there is no impact on an i751 application with any public charge or financial minimums. There are no minimum income required to remove the conditions from your green card.

 

 

Thanks for clarifying. What about the Covid additional payments? The $600 that people were receiving until about a month ago on top of their regular unemployment benefits? Isn't that a Federal benefit?

[da95826 387]

It is a public benefit but not a public charge it is an enhancement of unemployment benefits.

The stimulus check was not a public charge either (it is like a tax refund).

 

Public charge and income issues apply to immigration cases only if someday your LPR spouse wishes to sponsor a relative after they become a citizen like a parent, sibling, or adult child.  

 

If a LPR (green card holder) takes government benefits like mediaid, food stamps, or housing assistance it is possible the government to sue the sponsor to pay back the money but it has never happened the government has never enforced financial support of a sponsor who file an affidavit of support.

 

Public charge issues and income above 125% poverty guideline only apply to applicants to get a green card once you have any green card it no longer a factor in immigration cases, i751 and naturalization.  

 

Just file and pay your taxes (jointly if married).

 

There are no income or public charge issues with i751 or n400 applications.