Medical Insurance for K1 Fiance

[Crazy Cat 41,010]

59 minutes ago, thonati said:

However the marriage license fills the gap until the I-485 is submitted and approved.

Absolutely false.  Re-read the thread I linked.  The OP was married, yet was detained for 5 weeks for unlawful presence.  A properly submitted I-485 fills the gap between filing and I-485 adjudication.  When filed prior to 90 days, it eliminates any period of unlawful presence. Thus, it makes sense to file the I-485 prior to 90 days after entry.

Edited July 24 by Crazy Cat

[Crazy Cat 41,010]

20 minutes ago, thonati said:

So we now can agree there is no requirement to file the I-485 by the 90th day.

Agree......but there is a risk after 90 days. A marriage certificate, alone, does not confer any right to remain in the US.  That is a misconception by average Americans who think marriage automatically confers the right to live in the US.

Edited July 24 by Crazy Cat

[Scandi 4,101]

I would hate to be in your poor fiancé's shoes. Leaving everything behind for a guy that only MIGHT marry her and then MIGHT file for AOS. Sounds to me you just want to "import" someone and not actually taking it seriously. Like you just went to the shelter and decided to foster a puppy to see if it works out. 

[Lemonslice 4,699]

On 7/23/2024 at 3:13 PM, thonati said:

I searched but did not find a post to my specific question.

 

What insurance does everyone recommend for my K1 fiance while she is in the US but before we are married?  I do not plan to marry her until she experiences a few months of cold weather (Michigan).  She is from Philippines and has NEVER experienced snow/cold.  She claims she will be fine but I want to see her perform a snow angel, build a snowman and perhaps a few white washes and snowball fights before I am confident she will not bail on me.

 

I need to get her coverage for the entire 90 days.  Does travel insurance have good coverage?  I am not sure if Obamacare is available for short term until she gets on my insurance.

Would you move to a warmer state if she was not able to handle the cold winters?  I think it is a good discussion to have now, so she can make plans to return home if you don't.  You seem to have found a solution to the insurance questions, good luck with the rest of your journey. 

Edited July 24 by Lemonslice

[agrabs 240]

36 minutes ago, Scandi said:

I would hate to be in your poor fiancé's shoes. Leaving everything behind for a guy that only MIGHT marry her and then MIGHT file for AOS. Sounds to me you just want to "import" someone and not actually taking it seriously. Like you just went to the shelter and decided to foster a puppy to see if it works out. 

This!  Also, keep in mind your fiance will not be able to get a driver's license or a job until the EAD/AP is approved.  While you want her to prove herself with snow angels don't underestimate how difficult moving to another country and leaving all your family and friends behind for an entirely new culture will be  She will be homesick and will need your help and support to get thru it. 

[Crazy Cat 41,010]

This firm explains AOS best practice.

 

Adjustment of Status for K1 Visa | Siam Legal International (siam-legal.com)

 

Can I still apply for AOS if the 90 day stay I was given upon entry to the US has expired?

Assuming you married during that 90 day period, you can still apply for AOS. However, you will be "out of status" during any period between the expiration of the 90 days and the receipt by USCIS of your AOS application and technically subject to deportation from the US. Our advice to our K-1 AOS clients is always to ensure their AOS application is received by USCIS before the 90 day stay expires. Once the application has been received by USCIS, AOS applicants are granted a period of authorized stay in the US until a decision has been made on their AOS application.

Edited July 24 by Crazy Cat

[thonati 29]

2 hours ago, Crazy Cat said:

Perhaps you did not get the message from the OP of that thread I linked.  She entered via a K-1, married, but did NOT submit an I-485 within 90 days.  She was detained for 5 weeks due to being out of status.

I did not get the link.   Detained by whom?  What were the circumstances?  Did she leave the US and tried to return, that will certainly trigger detention even if she filed I-485 but not approved.  The I-485 instructions CLEARLY state you cannot leave the US until the I-485 is approved and green card is issued.  You must have the green card in your possession to re-enter.  I

 

Was she stopped by the State Police for speeding and arrested for out of status?  Why would anyone have interaction with the CBP in their normal daily lives?  In many states, they passed state laws that prohibit state law enforcement officers from detaining individuals for Immigration issues. 

 

What was the end result?  If she was in the US, never left, married legally then some <DELETED> CBP officer was wrong for detaining her.  It happens I would guess, people make mistakes.  Was she departed?  If not, then this was an error.

 

I know many people with green cards and they rarely have to provide it upon entry.  The green card is attached to your passport.  One is my buddy who has Global Entry and he does not have to show his passport to anyone.  CBP asks if his name is Bob, he answers yes.  Welcome home.  Easy peezy.

Edited July 24 by Crazy Cat

[thonati 29]

42 minutes ago, Lemonslice said:

Would you move to a warmer state if she was not able to handle the cold winters?  I think it is a good discussion to have now, so she can make plans to return home if you don't.  You seem to have found a solution to the insurance questions, good luck with the rest of your journey. 

Thanks for the vote of confidence.  We had this discussion and I cannot move.  She has accepted this.  However, people make decisions all the time without having all the facts.  Like I told her, she cannot say with 100% certainty that she will marry me until she gets here, meets my extended family, and gets accustomed to the cold climate.  She has a cousin that married  (K1) a USC a few years ago but they live in sunny Florida.

 

Once I retire in a few years, we do plan on going back to the Phills in Jan/Feb every year.  I hate the cold too.   ;o)~

[Crazy Cat 41,010]

20 minutes ago, thonati said:

I did not get the link.

 

[Crazy Cat 41,010]

***Argumentative comments containing blatant misinformation removed***

***Thread is closed per OP request***

Edited July 27 by Crazy Cat