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 4,911]

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 45,715]

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

 

 

[Ontarkie 14,286]

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

[yuna628 9,686]

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 

[Edward and Jaycel 260]

3 hours ago, spageddy said:

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

Yes it does... We filed Jaycel's AOS about a month ago and we were hoping she would have got her biometrics appt by now so they can process her EAD and despite thousands in the same receipt block getting theirs, we are still sitting at "Case Was Received". Poor thing is going a little crazy not being able to work.... 

Edited Monday at 03:06 AM by Edward and Jaycel

[JeanneAdil 6,570]

this sentence 

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

He came on an approved visa /i know that immigration seems to play games with saying it is nonimmigrant but listing it as immigrant in CEAC   

But it would appear they are excluding those who came illegally and are trying to adjust thru marriage to USC or other means

 

it may be worth a consultation with an attorney 

 

Remember what the plan say as if u married in 2024 and FMJ ,  its a lot different for those married to illegal alien (trying to adjust)  He is here legally came on a visa so its worth a fight with health care insurance provider / print out the CEAC page that makes u list K1 as immigrant

 

Who to include in your household

For the Health Insurance Marketplace^®, a household usually includes the tax filer, their spouse if they have one, and their tax dependents.

Tax filer + spouse + tax dependents = household

Follow these basic rules when including members of your household:

• Include your spouse if you’re legally married.

[spageddy 1]

Oh, I very much included them in my household when making an application, but who is included in your household and who's eligible for coverage are two different things

 

So in the case K-1 is considered an immigrant visa they WOULDNT need their EAD to be eligible? This is all really confusing, we'll heavily consider getting an attorney

[yuna628 9,686]

The problem is with the broad language of the lawsuit and the court decision. As it stands, even though a K1 has come legally, the government really doesn't do the best job in giving a K1 some sort of 'special status' while they are adjusting. If there was some kind of rapid system that got a K1 an EAD immediately, perhaps, but as it stands there's not a lot one can do until they have the documents that give them status. A K1 is always in a sort of limbo mode until EAD or GC. This is why doing things such as getting an SSN can be a struggle at certain offices unaware of their own policy, or getting an ID through the state can be problematic.

 

This broad language catches out DACA, illegal immigrants adjusting, those "grey-area" immigrants that are adjusting status after a visit to sudden marriage or emergency marriage, and yes even a K1. It also is catching out other perfectly legal immigrants adjusting status as the website mentions. There isn't any distinction between legal and illegal here, any more than there is between legally grey. That is unfortunate. K1s can obtain coverage in any other state not mentioned. The only other option is to get the EAD, get on an employer's or spouse's other means of insurance, or.. well, move to a different state.

Edited Monday at 08:07 PM by yuna628

[spageddy 1]

Yeah, I've heard of a lot of K-1 immigrants having a hard time getting ahold of an SSN before I-94 expires, along with other bureaucratic troubles.

We were already planning to move out of state for other reasons before too long, just another reason to add to the list I suppose.

But in the meantime, they'll get their EAD delivered shortly, hopefully insurance through an employer shortly following, if not, at least it'll make them eligible. We'll try to get in contact with a lawyer just to be sure, if nothing else for peace of mind.

 

It does sadden us that others might have to wait longer.

[Boiler 45,715]

I could see this as a reason for filing an expedite.