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dmeister3

Healthcare Marketplace Legal Presence Proof

By dmeister3 in Moving to the US and Your New Life In America

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pm5k Rising Star

pm5k   129

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
On 1/9/2022 at 1:40 PM, dmeister3 said:

Hi all!  I am signing up for my husband to be added to my health insurance through ACA/healthcare market place, specifically in Nevada.  It's asking to confirm his legal presence in the USA and the documents listed don't really align with our situation.  Of course he has a K-1 visa in his passport, but technically that doesn't qualify as an immigrant visa.  As we are still compiling our AOS packet, and he is still in legal status on I-94 until the end of January, we don't have any other "proof" that he is allowed to stay.  Has anyone dealt with this before?  The documents they are asking for are immigrant visas, green card, notices of action, student visas, etc.  If we have to wait until we get a NOA for AOS, we will be outside of the open enrollment/special enrollment period.  Any ideas on what to do?

You can use the NOA to prove [pending] immigration status.  The system specifically says applicants who are adjusting to LPR status qualify

 

 

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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pm5k Rising Star

pm5k   129

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
On 1/9/2022 at 2:06 PM, millefleur said:

He's in a limbo period and therefore doesn't have the proper qualification to get a Marketplace plan. While his status is legal, it doesn't meet the Marketplace requirements at this time.

 

Regarding your question about the NOA and whether or not that qualifies for a special enrollment period: call them now and ask. It might, it might not. I'm not 100% sure. Please update us if you find out any info.

 

 

Per the website instructions, applicants who are adjusting to LPR status qualify, and an NOA is the only proof I can think of

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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pm5k Rising Star

pm5k   129

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
On 1/10/2022 at 9:55 AM, dmeister3 said:

Hey! Just wanted to update that you were RIGHT! The I-94 worked! That’s a huge relief. THANK  YOU! :D 

Great!  I think the NOA may have worked as well, but thanks for the update.  Hope this helps others as well

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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dmeister3 Explorer

dmeister3   92

Posted
Filed: AOS (pnd) Country: Denmark
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3 hours ago, pm5k said:

Great!  I think the NOA may have worked as well, but thanks for the update.  Hope this helps others as well

We still don't have our NOA yet, but the I-94 was fine :)

K1 process:

  • 10-28-2020 - i-129f Received at Lockbox          
  • 12-08-2020 - NOA1 
  • 06-14-2021 - RFE 
  • 07-06-2021 - NOA2
  • 08-19-2021 - Arrived at Embassy
  • 10-07-2021 - Checklist received
  • 10-21-2021 - Interview & Approval
  • 12-29-2021 - Marriage :)

AOS:

  • 01-29-2022 - Package sent to Phoenix Lockbox
  • 02-02-2022 - Credit Card Charged
  • 02-12-2022 - Notice of Biometrics
  • 03-09-2022 - Biometrics Appointment
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