K1 AOS no longer eligible for marketplace coverage in certain states?

[spageddy 1]

Hello VJ, I'm a USC and my spouse is a K-1 visa holder, currently awaiting AOS. We live in the state of Ohio. My job doesn't give healthcare benefits, but rather a payout to help us afford our own healthcare plans on the ACA marketplace. Unfortunately, there's been a bit of confusion in regards to whether or not my spouse would be eligible to get a joint plan with me. A new notice on the ACA marketplace seems to be say that K1 -> pending AOS recipients in certain states, Ohio being among them, are no longer eligible, due to not having an underlying approved immigrant visa (k-1 being nonimmigrant). OTHER portions of the site say that they are eligible.

We've tried to talk with those working at the Marketplace but they haven't been helpful and seem to be ill-informed on the matter.

 

Any other K-1 -> AOS filers run into this problem? Exact wording for who isn't eligible in certain states is: 

• Adjustment to lawful permanent resident (LPR/Green Card holder) status without an approved immigrant visa petition

[Lemonslice 4,890]

Could you please post a link to the source of your information?

 

Your spouse might still be able to be covered, without the subsidies. 

[spageddy 1]

Of course, the notice is under the immigration status section of the Healthcare.gov website.

 

https://www.healthcare.gov/immigrants/immigration-status/

[Boiler 45,690]

Looks like we have another reason for why the K1 sucks list

 

 

[Ontarkie 14,282]

~~Moved to Moving Here and Your New life, from AOS K1/K3 P&P- as the topic is health insurance.~~

[yuna628 9,681]

4 hours ago, spageddy said:

Hello VJ, I'm a USC and my spouse is a K-1 visa holder, currently awaiting AOS. We live in the state of Ohio. My job doesn't give healthcare benefits, but rather a payout to help us afford our own healthcare plans on the ACA marketplace. Unfortunately, there's been a bit of confusion in regards to whether or not my spouse would be eligible to get a joint plan with me. A new notice on the ACA marketplace seems to be say that K1 -> pending AOS recipients in certain states, Ohio being among them, are no longer eligible, due to not having an underlying approved immigrant visa (k-1 being nonimmigrant). OTHER portions of the site say that they are eligible.

We've tried to talk with those working at the Marketplace but they haven't been helpful and seem to be ill-informed on the matter.

 

Any other K-1 -> AOS filers run into this problem? Exact wording for who isn't eligible in certain states is: 

• Adjustment to lawful permanent resident (LPR/Green Card holder) status without an approved immigrant visa petition

 

Because you live in one of the states involved in the current court case, yes you would be unable to be eligible. However does your spouse have an EAD? Because an EAD would be a qualifying document granting you status in eligibility for coverage. If not, then your options are few - namely you would need to purchase coverage out of pocket for a plan from an insurer directly until such time as a GC would grant status or the results of the case are favorable.

[spageddy 1]

Understood, my spouse DID just get EAD approved a few days back, we're still waiting for it to arrive, so that's good news at least. When they have it in hand, we'll report a life change and get them coverage.

But yeah, been learning the hard way K1 certainly has its complications