Health insurance during AOS

[N0mad 16]

My wife was one of the people stranded in US during COVID, so we applied for Adjustment of Status from her B2 Visa (I am a US Citizen). At the same time, knowing that she won't be going back, I added her to my health insurance (there is an option to specify that the person does not yet have an SSN).  We filed our AOS/EAD forms back in September, got I-797 confirmations (with MSC prefix, so looks like National Benefits Center) but nothing else so far. What worries me is that looking at the timelines on this website, it seems to imply that NBC has completely stalled their processing so I have no idea how much longer it will take. In the meantime, I need her SSN both for our taxes (I'm planning to file through local office that would submit an ITIN application at the same time) and for her health insurance, which keeps bugging me to provide them with her SSN and threatening to remove her from the plan if I don't. I explained the situation to them a couple months ago and at first they seemed to be understanding, but now they're back saying the same thing.

 

Aside from providing them with all of our USCIS paperwork and explaining that it's a very inefficient and tedious process and that we're kept in the dark the whole time, I don't know what to do. How do others handle their health-insurance situation when in this situation (since it's required by law in US)? Can health insurance company legally deny her for USCIS stalling? I should also mention that so far we've only used it for routine annual appointments (vision test, physical, dental cleaning).

[Boiler 45,427]

Send them her ITIN?

[N0mad 16]

We don't have an ITIN for her either yet. Based on talking to IRS, we will be filing an application for ITIN with the IRS at the time of filing our taxes (IRS won't let you apply for it ahead of time, we already tried) and not sure how long it would take them to respond with an ITIN after. From what I've read, tax returns with ITIN also take longer to process.

Edited March 2, 2021 by N0mad

[chiks24 11]

Marketplace is open. She can enroll in a healthcare plan from Marketplace. All you need to show as proof is the I-797. 

 

Also, I read somewhere here on VJ that if you get your spouse an ITIN and file taxes with the ITIN, you will not be able to claim stimulus money for the spouse (if you ever were going to). I am also waiting for my wife's SSN. If it does not arrive by mid-April, I will file for an extension. 

[Lemonslice 4,822]

6 hours ago, N0mad said:

My wife was one of the people stranded in US during COVID, so we applied for Adjustment of Status from her B2 Visa (I am a US Citizen). At the same time, knowing that she won't be going back, I added her to my health insurance (there is an option to specify that the person does not yet have an SSN).  We filed our AOS/EAD forms back in September, got I-797 confirmations (with MSC prefix, so looks like National Benefits Center) but nothing else so far. What worries me is that looking at the timelines on this website, it seems to imply that NBC has completely stalled their processing so I have no idea how much longer it will take. In the meantime, I need her SSN both for our taxes (I'm planning to file through local office that would submit an ITIN application at the same time) and for her health insurance, which keeps bugging me to provide them with her SSN and threatening to remove her from the plan if I don't. I explained the situation to them a couple months ago and at first they seemed to be understanding, but now they're back saying the same thing.

 

Aside from providing them with all of our USCIS paperwork and explaining that it's a very inefficient and tedious process and that we're kept in the dark the whole time, I don't know what to do. How do others handle their health-insurance situation when in this situation (since it's required by law in US)? Can health insurance company legally deny her for USCIS stalling? I should also mention that so far we've only used it for routine annual appointments (vision test, physical, dental cleaning).

Tell your employer that a SSN isn't required and to escalate it with their insurance contact if they have questions on which identification details can be used. Birth date is the most common.

 

 

 

 

[remotercharm 31]

I called my insurance and explained the situation and she put a "note" so as not to bother me about it again.  This was for Cigna.  Now I'm on Anthem and they haven't asked about it yet.  He's had no problem using the insurance for either.

[Co6aka 18]

"Social Security Numbers for Noncitizens" on the second page at the top-right:  http://ssa.gov/pubs/10096.html

 

 

[N0mad 16]

Thanks, I forwarded the PDF over to them, hopefully they'll back off seeing how it's official guidance from SSA.

[Co6aka 18]

They should at least postpone any deadlines for a SSN, but more importantly, with documentation a non-citizen CAN get a SSN, and for tax return reasons that's also helpful. You should be able to download or get a letter detailing the requirement for a SSN, and then submit it along with copies of the I-797s and passport, and a application for SSN to your local SSA office. They will then call the applicant for an interview wherein they verify the original documents.

 

From that SSA bulletin:

Quote

What if I need a number for other reasons?
If you aren’t authorized by DHS to work in the United States, you CAN get a Social Security number only if you can prove you need it for a valid non-work reason. That might happen, for example, if a state or federal law requires you to have a Social Security number to get benefits to which you have already established entitlement.

 

PS- The SS card will have something like "Not valid for employment" printed on it. When the EAD is issued, apply to SSA for a new card.

Edited March 2, 2021 by Co6aka

[Duke & Marie 1,389]

13 hours ago, N0mad said:

My wife was one of the people stranded in US during COVID, so we applied for Adjustment of Status from her B2 Visa (I am a US Citizen). At the same time, knowing that she won't be going back, I added her to my health insurance (there is an option to specify that the person does not yet have an SSN).  We filed our AOS/EAD forms back in September, got I-797 confirmations (with MSC prefix, so looks like National Benefits Center) but nothing else so far. What worries me is that looking at the timelines on this website, it seems to imply that NBC has completely stalled their processing so I have no idea how much longer it will take. In the meantime, I need her SSN both for our taxes (I'm planning to file through local office that would submit an ITIN application at the same time) and for her health insurance, which keeps bugging me to provide them with her SSN and threatening to remove her from the plan if I don't. I explained the situation to them a couple months ago and at first they seemed to be understanding, but now they're back saying the same thing.

 

Aside from providing them with all of our USCIS paperwork and explaining that it's a very inefficient and tedious process and that we're kept in the dark the whole time, I don't know what to do. How do others handle their health-insurance situation when in this situation (since it's required by law in US)? Can health insurance company legally deny her for USCIS stalling? I should also mention that so far we've only used it for routine annual appointments (vision test, physical, dental cleaning).

My husbands insurer has sent us 4 letters threatening the same... funny thing is they keep happily taking the money for the policy from our account, so go figure, money means more to them than cancelling the policy.. I have been ignoring their threats.. if they ever do get around to cancelling our policy we’ll just go find new insurance, until then they can wait for it like I have too.. 

[Demise 1,276]

4 hours ago, Co6aka said:

They should at least postpone any deadlines for a SSN, but more importantly, with documentation a non-citizen CAN get a SSN, and for tax return reasons that's also helpful. You should be able to download or get a letter detailing the requirement for a SSN, and then submit it along with copies of the I-797s and passport, and a application for SSN to your local SSA office. They will then call the applicant for an interview wherein they verify the original documents.

 

From that SSA bulletin:

 

PS- The SS card will have something like "Not valid for employment" printed on it. When the EAD is issued, apply to SSA for a new card.

In all reality this is a dead letter, there's no benefits like that anywhere (benefits being either locked behind permanent residence or at least employment authorization or for things that don't require it the state will take an ITIN or a letter from SSA that you are not eligible for a SSN). Only group that could make use of this are VAWA applicants with a prima facie determination (as that opens up eligibility for things like food stamps or federal student aid without necessarily conferring employment authorization) and they generally will concurrently file I-485/I-765 and get an employment authorization and a "valid for work with DHS authorization" SSN that way.

 

SSA won't issue you a SSN just because you want it for taxes (that's what an ITIN is for) or because your insurance or bank or some other private institution can't take "We're waiting on it, take a chill pill and wait too" for an answer.

Edited March 2, 2021 by Demise

[HRQX 4,145]

8 hours ago, Co6aka said:

but more importantly, with documentation a non-citizen CAN get a SSN, and for tax return reasons that's also helpful.

Can file taxes with Form W-7 application for ITIN. Also the PDF you initially shared says: "You don’t need a number to get a driver’s license, register for school, get private health insurance, or apply for school lunch programs or subsidized housing." So that type of SSN is extremely rare after SSA started to crack down in 2003: https://www.ssa.gov/legislation/testimony_072606.html "In October 2003, I significantly tightened the rules for issuing nonwork SSNs. No longer do we issue SSNs to non-citizens just so they can obtain a driver’s license. Instead, SSA only issues such an SSN when 1) a Federal statute or regulation requires an SSN to receive a particular benefit or service to which an alien has otherwise established entitlement; or 2) a State or local law requires an SSN to get public assistance benefits to which the legal alien without work authorization has otherwise established entitlement and for which all other requirements have been met. This action reduced the number of “nonwork SSNs” we issue"

9 hours ago, N0mad said:

Thanks, I forwarded the PDF over to them, hopefully they'll back off seeing how it's official guidance from SSA.

The IRS also says: https://www.irs.gov/affordable-care-act/questions-and-answers-about-reporting-social-security-numbers-to-your-health-insurance-company

Q5: If I do not have a social security number (SSN) or other tax identifying number (TIN) for myself or other covered individuals, such as my spouse or dependents, should I contact the IRS to obtain  a social security number or individual taxpayer identification number (ITIN) so that I can give it to my health coverage provider?

A5: No, it is not necessary for you to contact the IRS if you do not have an SSN or a TIN.  You should advise your coverage provider that you do not have an SSN or TIN and give them the date of birth for each covered individual.

[Co6aka 18]

As I wrote before, with proper documentation a noncitizen CAN get a SSN. The following is a screen clip from the letter I received from the NY State of Health marketplace re my wife's medical coverage, and this is precisely what SSA requires, precisely as SSA states in the referenced bulletin. (At my request, after swearing that a SSN had been applied for, NYSOH extended the deadline to February 28th and sent me another such letter, which I forwarded to my local SSA office.) IF ONE HAS SUCH A LETTER then one should be able to get a SSN before their EAD is approved/issued. It will take longer than usual for the SSN to be approved/issued because SSA has to "do an investigation" as we were told. While waiting for SSA's approval my wife's EAD arrived, so SSA were elated and immediately scheduled her for an interview, and two weeks later she had her SSN.

 

Along with the SSN application and the NYSOH letter, I included copies of the I-797 receipts for the I-130, I-485 and I-765, a copy of my wife's passport ID page and visa page, a copy of my passport ID page - USC, a copy of our marriage certificate, a copy of the referenced SSA bulletin, and a letter requesting SSA to accept my wife's application. THIS WAS SUFFICIENT for the SSA to accept the application.

 

When one has the SSN then it can be used wherever a SSN is asked for, which includes on a tax return.

 

And, as I wrote before, the SS card will be conditional, with text to the effect that it's not valid for employment, so when the EAD is issued one will have to ask the SSA for a new card (which will have text to the effect that it's only valid for employment with a valid EAD.)