Legal Resident of the United States?

[Clarky and Tarah 0]

I'm searching for health insurance STILL and I have a question. If you enter the U.S. on a K1 visa and file for AOS are you considered a legal resident of the United States? I'm wondering because on a website I'm looking at it says one of the qualification for a prescription card is that the applicant is a "legal resident of the U.S. or Puerto Rico. Would conditional permanent residency suffice? Also, I was talking with some brokers and one of them said that once my fiance enters the U.S. he won't qualify for any of our insurance companies for at least a year. I thought he might wrong because I've read on here where some people get insurance for their fiance/spouses as soon as they enter the country.

Thank you all in advance. This is so stressful.

[Gaby&Talbert 1]

in my opinion a LPR or conditional LPR has to have a greencard, not a visa of any type. I would contact them and ask what their regulations are. It would be thier rules, not our government that would determine qualifications.

[maggieNomar 0]

Are you not able to add him to your own plan as your spouse? I would contact other brokers or contact health insurance companies that serve your area. My broker got insurance for my K1 fiance/ husband as soon as we got married. She said he is here legally and there is no reason for him not to be covered. Have not had any issue with it. Hope you can find one that works.

[Wanlorn 0]

Once you get your card in the mail (I-551 Permanent Resident Card) you ARE a legal and permanent resident of the USA. The caveat is that if you do not apply for the removal of conditions they will revoke your status.

I am currently a permanent resident with conditions, and have had both my own insurance as well as been on my wife's insurance since I got that card.

Hope that helps

I'm searching for health insurance STILL and I have a question. If you enter the U.S. on a K1 visa and file for AOS are you considered a legal resident of the United States? I'm wondering because on a website I'm looking at it says one of the qualification for a prescription card is that the applicant is a "legal resident of the U.S. or Puerto Rico. Would conditional permanent residency suffice? Also, I was talking with some brokers and one of them said that once my fiance enters the U.S. he won't qualify for any of our insurance companies for at least a year. I thought he might wrong because I've read on here where some people get insurance for their fiance/spouses as soon as they enter the country.

Thank you all in advance. This is so stressful.

[athena_ny 1]

My husband got health insurance through his employer (they had his tax ID and used that, I guess) when he was working w/out authorization on a tourist visa. I don't see why you shouldn't be able to be added as a spouse...and I added him to mine w/out an SSN.

[Yodrak 7]

Clarky and Tarah,

I'm searching for health insurance STILL and I have a question. If you enter the U.S. on a K1 visa and file for AOS are you considered a legal resident of the United States?

No. The AOS application has to be approved for you to be an LPR.

I'm wondering because on a website I'm looking at it says one of the qualification for a prescription card is that the applicant is a "legal resident of the U.S. or Puerto Rico. Would conditional permanent residency suffice?

An LPR with conditions is nevertheless an LPR.

Yodrak

Edited August 9, 2007 by Yodrak

[Dr_LHA 3]

I'm searching for health insurance STILL and I have a question. If you enter the U.S. on a K1 visa and file for AOS are you considered a legal resident of the United States?

No, you are a non-resident alien until your AOS is approved.

I'm wondering because on a website I'm looking at it says one of the qualification for a prescription card is that the applicant is a "legal resident of the U.S. or Puerto Rico. Would conditional permanent residency suffice?

Yes, but also being a non-resident alien would probably suffice also. Companies tend to play a bit fast a loose with the words "resident", they probably just mean that you're legal (rather than illegal) as opposed to having to have a Green Card.

Also, I was talking with some brokers and one of them said that once my fiance enters the U.S. he won't qualify for any of our insurance companies for at least a year. I thought he might wrong because I've read on here where some people get insurance for their fiance/spouses as soon as they enter the country.

Sounds like a load of #######. I had health insurance for almost 8 years before I became a Green Card holder, it was never an issue that I wasn't an "LPR". My advice would be to get a SS number for him, and put him on your health insurance. I doubt they will ask about his residency status.

Edited August 9, 2007 by Dr_LHA

[Yodrak 7]

Dr_LHA,

I overlooked this myself in my post, but we do have to be very careful with our language here.

"non-resident alien" sounds like IRS-speak, not INA-speak. Clarky and Tarah is an alien (half of them is, anyway), and resident in the USA - very much a resident alien. And probably legal. So while they are a resident alien, and a legal resident, they are not a Legal Permanent Resident.

If they accurately quoted the website, I wonder what the website meant by 'legal resident'? Probably LPR, but who knows for sure?

Yodrak

I'm searching for health insurance STILL and I have a question. If you enter the U.S. on a K1 visa and file for AOS are you considered a legal resident of the United States?

No, you are a non-resident alien until your AOS is approved.

I'm wondering because on a website I'm looking at it says one of the qualification for a prescription card is that the applicant is a "legal resident of the U.S. or Puerto Rico. Would conditional permanent residency suffice?

Yes, but also being a non-resident alien would probably suffice also. Companies tend to play a bit fast a loose with the words "resident", they probably just mean that you're legal (rather than illegal) as opposed to having to have a Green Card.

[Dr_LHA 3]

If they accurately quoted the website, I wonder what the website meant by 'legal resident'? Probably LPR, but who knows for sure?

Exactly. You can read into it what you like. Personally I always interpreted it as meaning "you're here legally", it the company doesn't explicitly state that they mean Green Card Holders, then its their fault! The trouble is that the word "resident" has so many odd reasons. If an illegal alien rents a house in California, are they not residents of that state after all? Depending on which particular definition you use, it can be yes or no.

[Yodrak 7]

Dr_LHA,

Agreed. That's why our Gentle Posters need to use (and understand) correct terminology - including capitalization.

Yodrak

If they accurately quoted the website, I wonder what the website meant by 'legal resident'? Probably LPR, but who knows for sure?

Exactly. You can read into it what you like. Personally I always interpreted it as meaning "you're here legally", it the company doesn't explicitly state that they mean Green Card Holders, then its their fault! The trouble is that the word "resident" has so many odd reasons. If an illegal alien rents a house in California, are they not residents of that state after all? Depending on which particular definition you use, it can be yes or no.

[Clarky and Tarah 0]

Thank you all for the information. The exact quote from the website is:

"Find out if you're eligible: I have no prescription drug coverage. I am not eligible for Medicare. I am a resident of the US or Puerto Rico".

I see on the application that it doesn't require a SSN. Maybe they did just mean "legally here".

Thanks again everyone.

[Yodrak 7]

Clarky and Tarah,

Maybe. As Gaby&Talbert wrote, you'll need to contact them to find out what they mean.

Yodrak

Thank you all for the information. The exact quote from the website is:

"Find out if you're eligible: I have no prescription drug coverage. I am not eligible for Medicare. I am a resident of the US or Puerto Rico".

I see on the application that it doesn't require a SSN. Maybe they did just mean "legally here".

.....

[Nancy2015 2]

If they accurately quoted the website, I wonder what the website meant by 'legal resident'? Probably LPR, but who knows for sure?

Exactly. You can read into it what you like. Personally I always interpreted it as meaning "you're here legally", it the company doesn't explicitly state that they mean Green Card Holders, then its their fault!

I have interpreted it the same way. Being a "legal resident" doesn't mean they expect you to have a green card - it means you're here legally and physically reside on the territory of the U.S.

[xjennyinstereox 0]

As soon as I had a social security number, I was covered by my husband's healthcare here.

[Neonred 3,540]

A lot depends on the insurance company policy and the type of insurance you are trying to get. Group and employer provided insurances usually have less restrictive policies and may not even ask about residence. Individual policies are often more selective on who they insure. Six month US residence requirement is common. If you have access to insurance through your employer talk to the contact person to get the details as they often can add your spouse with few questions.

Also remember there is a big difference in the many individual policies that are offered. They all tend to be more selective and expensive than group policies. Be very careful what you buy and look at what is actually covered and how much your co-pay will be and what doctors you will be able to visit.