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Posted

Hello All,

 

My fiancé is currently a Chinese citizen/Canadian Permanent resident with a US B1/B2 Visitor's Visa. Based on previous feedback we received in this forum, we are leaning pursuing the CR1 over the K1 visa route due to it being more simple/straightforward. She lives in Toronto and I live in Western New York.

 

My question is: Can I add her to my employer's health insurance policy immediately after marriage? If so, will she be covered/have benefits? Or do I have to wait the 18-24 months for Visa approval before I can add her/she can have benefits?

 

The reason I ask is because we are considering the possibility of having a child ASAP (due to pretty significant personal reasons) and wondering the feasibility of having the baby in the US. If she could have insurance here, then perhaps she could be here on her Visitor's Visa (6 months at a time) and have the child. Under that scenario she would resign from her current job in Canada.

 

If she could not have health insurance here, then that would rule that possibility out due to the high financial implications. She would simply keep her job in Canada (with associated health insurance benefits) and have the child in Canada. That said, we may prefer to have the child in US (for a variety of private reasons). 

 

Any advice or information you could provide would be greatly appreciated. This forum is truly a blessing to a novice like myself. Thank you!

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

You would need to contact your Health Insurer and ask. Or HR. It would be down to the plan rules.

 

Multiple long B visits are not recommended, each entry is at the discretion of the CBP

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
2 hours ago, Boiler said:

You would need to contact your Health Insurer and ask. Or HR. It would be down to the plan rules.

 

Multiple long B visits are not recommended, each entry is at the discretion of the CBP

OK I reached out to both and am awaiting reply. If getting her on my US health insurance ASAP is a priority, would that in any way make you recommend one route over the other (K1 vs CR1)?

Posted

Health Insurance company got back to me:  You would be able to add your spouse to your plan after you are married as long as she has a US Visitor's Visa and is a lawful temporary resident of the United States.

 

Not sure if she would be considered a lawful temporary resident tho...

 

Any thoughts?

Filed: K-1 Visa Country: Wales
Timeline
Posted

That is odd, I have seen plenty of cases of spouses in the US illegally being covered under Health insurance, assumed that was the norm.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

K1 is very rarely a good idea and they said they cover Spouse not Fiancée 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
5 minutes ago, Boiler said:

K1 is very rarely a good idea and they said they cover Spouse not Fiancée 

Lol good point. So do you think she would qualify then? Only thing not sure on is "lawful temporary resident". Not sure if US Visitors Visa means you are lawful temporary resident...

 

In my mind I would think they would be talking about education or employment Visas but I could be totally off...

Filed: K-1 Visa Country: Wales
Timeline
Posted

B is both lawful and temporary

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted

I have done it and have my husband who is not here yet we are IR-1 application. I did it with Blue Cross and Blue Shield. Typically what I found is the person cannot be denied insurance because of not having a SSN. The plan will periodically ask for an SSN but I tell them when he gets to the border he will then have one. The insurance still continues. It has continued for a few years now with different BCBS insurances that I have had from different employers.

 

Hope this answer helps. 

 

Strength to all who are in this wait to be reunited with our families. 

 

Posted
3 hours ago, Lauraine Eguakun said:

I have done it and have my husband who is not here yet we are IR-1 application. I did it with Blue Cross and Blue Shield. Typically what I found is the person cannot be denied insurance because of not having a SSN. The plan will periodically ask for an SSN but I tell them when he gets to the border he will then have one. The insurance still continues. It has continued for a few years now with different BCBS insurances that I have had from different employers.

 

Hope this answer helps. 

 

Strength to all who are in this wait to be reunited with our families. 

 

Thank you very much for the reply! I am with Independent Health. So you have successfully added your husband to your plan and he is covered with benefits even tho you are still in the IR-1 process? If so, thats exactly what I am hoping for. Because if she has child here while still in the process, we want to make sure she is covered with health insurance benefits otherwise it will be way too expensive. 

Filed: Citizen (apr) Country: Morocco
Timeline
Posted

you should check out the deductable in your policy for child birth 

It is expensive in the US to have a baby

and understand CBP may not let a pregnant woman who has a spouse  visa petition  in the computer cross into US

Canadian insurance may be a better idea

 

You can add her to policy with life changing event (30 or 60 depending on policy)

marriage is one,  birth of baby is another and moving to US would be another

 

Permanent residents in Canada qualify for provincial/territorial health insurance, but they should apply as soon as possible after arriving, and there can be a waiting period.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

If your partner chooses to travel later in pregnancy and looks like she's partaking in birth tourism, she may be denied entry at the border.  Just something to be aware of.  

 

Also, if you haven't completed the immigration process and she reaches the end of her visa stay, are you prepared to stay with the baby while she goes back to Canada to prevent overstay and jeopardize your petition?  The baby won't be able to just head to Canada with Mom, but will require the appropriate paperwork to do so.  

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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