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Filed: K-1 Visa Country: Algeria
Timeline
Posted

Our background: My husband came to the United States on a K1 visa a year ago. We are married and he is a permanent resident now.

 

He recently got a part time job. (It took awhile for someone to give him a chance so this is his best option at the moment.) However, being part time, he does not receive any benefits with this job. He needs health insurance. I get my insurance through my state which is Oregon’s Medicaid. I have always been under the impression that he is not suppose to be on any type of government aid. That he is essentially 100% my responsibility.
 

Is this true regarding Medicaid? Or is it allowed for him to join Medicaid? 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted

He qualifies for health care through the marketplace:

 

OregonHealthCare.gov : Health coverage for immigrants : Blog : State of Oregon

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Posted (edited)

He won't qualify for government bennys anyways as a new resident. 

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Edited by K1visaHopeful
Filed: K-1 Visa Country: Algeria
Timeline
Posted

Thank you for your replies. But my question has less to do if he will qualify and more to do if it is allowed.
 

In the paperwork that we signed for him to immigrate here, it said that the immigrant was not to be a ward of the state. Or something along those lines. I don’t recall the exact wording. But basically he wasn’t entitled to government benefits, like food stamps, etc. My concern is that Medicaid would be considered along these lines and that if he was to receive it, it could possibly cause problems in the future when he applies for his five year green card. 
 

We are really trying to do everything by the book and don’t want to do anything that could potentially causes issues in the future. However, if Medicaid is allowed in our situation, that would really be beneficial to us.

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
11 minutes ago, Kalehua said:

Thank you for your replies. But my question has less to do if he will qualify and more to do if it is allowed.
 

In the paperwork that we signed for him to immigrate here, it said that the immigrant was not to be a ward of the state. Or something along those lines. I don’t recall the exact wording. But basically he wasn’t entitled to government benefits, like food stamps, etc. My concern is that Medicaid would be considered along these lines and that if he was to receive it, it could possibly cause problems in the future when he applies for his five year green card. 
 

We are really trying to do everything by the book and don’t want to do anything that could potentially causes issues in the future. However, if Medicaid is allowed in our situation, that would really be beneficial to us.

 

 

USCIS does not consider Medicaid as grounds for public charge inadmissibility.   https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/public-charge-resources

 

Quote

Q: What public assistance programs does USCIS not consider?

A: Generally, we do not consider noncash benefits in making public charge determinations. The only noncash benefit we consider is long-term institutionalization at government expense. We also do not consider special-purpose cash assistance that is not intended for income maintenance.

For example, USCIS does not consider any of the following public benefits when making a public charge determination:

Nutrition programs

  • Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs
  • Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
  • School lunch and school breakfast programs
  • Benefits under the Emergency Food Assistance Act (TEFAP)
  • Child and Adult Care Food Program (CACFP)
  • Food Distribution Program on Indian Reservations (FDPIR)

Health programs

  • Children’s Health Insurance Program (CHIP)
  • Medicaid (other than support for long-term institutional care), including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, health clinics, short-term rehabilitation services, and emergency medical services
  • Health Insurance through the Affordable Care Act
  • Any benefits related to immunizations or testing for communicable diseases
  • Treatments or preventative services related to COVID-19, including vaccinations
  • Home and community-based services (HCBS)

 

 

 

The bigger issue is that unless he has been here in the US for 5 years, your husband cannot get Medicaid.

 

Quote

To get Medicaid and CHIP coverage, many qualified non-citizens (such as many Lawful Permanent Residents, also known as LPRs or green card holders) have a 5-year waiting period. This means they must wait 5 years after getting "qualified" immigration status before they can get Medicaid and CHIP coverage.

 

https://www.healthcare.gov/immigrants/lawfully-present-immigrants/

Posted
28 minutes ago, Kalehua said:

Thank you for your replies. But my question has less to do if he will qualify and more to do if it is allowed.
 

In the paperwork that we signed for him to immigrate here, it said that the immigrant was not to be a ward of the state. Or something along those lines. I don’t recall the exact wording. But basically he wasn’t entitled to government benefits, like food stamps, etc. My concern is that Medicaid would be considered along these lines and that if he was to receive it, it could possibly cause problems in the future when he applies for his five year green card. 
 

We are really trying to do everything by the book and don’t want to do anything that could potentially causes issues in the future. However, if Medicaid is allowed in our situation, that would really be beneficial to us.

No he cannot use it.

 

What you can do is head on over to the marketplace (Obamacare) and purchase a plan (these are not prohibited for immigrants). You can also go to any healthcare insurer directly and purchase. It will not be cheap nor free and that is one of the drawbacks of healthcare in the US.

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First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
18 hours ago, Kalehua said:

He recently got a part time job. (It took awhile for someone to give him a chance so this is his best option at the moment.) However, being part time, he does not receive any benefits with this job. He needs health insurance.

Cheapest solution is for him to get a different job that includes health insurance benefits.  Even catastrophic health insurance via the marketplace with very high deductibles and co-pays (if he is younger than 30) is expensive, $350+ per month in most states.  He may qualify for subsidies with Obamacare so check into that if your household income is low enough.

  • 2 weeks later...
Posted

See this post.  He will not be able to get medicaid due to the 5 year rule, but he can get ACA insurance and possibly get a subsidy:

 

 

DISCLAIMER:

NOT A LAWYER.  ADVICE IS GENERAL IN NATURE.  CONSULT AN EXPERIENCED IMMIGRATION ATTORNEY (OR MULTIPLE ATTORNEYS) REGARDING YOUR SPECIFIC CASE.

 
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