ILLMAS Posted March 6, 2018 Report Posted March 6, 2018 TP spouse was on a K-1 visa from Jan to Aug 2017 and had authorization to work starting in Feb 2017, spouse worked but was given health insurance by the employer when they officially wed in Aug, my question is, was the K-1 spouse required to have health insurance from Jan to Aug 2017 based on his legal status? I took a look the marketplace FAQ and I am interpreting a K-1 visa as a lawful temporary resident, see bold: Immigration status and the Marketplace People with the following immigration statuses qualify for Marketplace coverage. Get details about what document numbers and other information you’ll need to fill out a Marketplace application. Immigrants with the following statuses qualify to use the Marketplace: Lawful Permanent Resident (LPR/Green Card holder) Asylee Refugee Cuban/Haitian Entrant Paroled into the U.S. Conditional Entrant Granted before 1980 Battered Spouse, Child and Parent Victim of Trafficking and his/her Spouse, Child, Sibling or Parent Granted Withholding of Deportation or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) Individual with Non-immigrant Status, includes worker visas (such as H1, H-2A, H-2B), student visas, U-visa, T-visa, and other visas, and citizens of Micronesia, the Marshall Islands, and Palau Temporary Protected Status (TPS) Deferred Enforced Departure (DED) Deferred Action Status (Exception: Deferred Action for Childhood Arrivals (DACA) is not an eligible immigration status for applying for health insurance) Lawful Temporary Resident Administrative order staying removal issued by the Department of Homeland Security Member of a federally-recognized Indian tribe or American Indian Born in Canada Resident of American Samoa Would you agree they qualified either by the exchange or private health insurance? Thanks Quote
Max W Posted March 6, 2018 Report Posted March 6, 2018 Hmm! K-1 visas are for fiánces and they are only good for 90 days and are not renewable. So, spouse was only a LTR for the 90 period, leaving only 60 days legally working. That would be a short gap exemption. Bottom line, H. I., not required. When requesting change of status, spouse is going to run into some immigration problems. Quote
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.