My husband and I got married with the K1 finance visa. He received his green card August 2017. Can i select paroled into the country or does he have to pay the penalty
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New Member

My husband and I got married with the K1 finance visa. He received his green card August 2017. Can i select paroled into the country or does he have to pay the penalty

for not having health insurance during the time he was waiting on his green card?
3 Replies
Level 11
Level 11

My husband and I got married with the K1 finance visa. He received his green card August 2017. Can i select paroled into the country or does he have to pay the penalty

Assuming that you are a US citizen/ resident and because your husband was admitted into the country under a visa ( K-1),  he would be treated as a non-resident alien till the issuance of the green card  ( chnage of status).  But being a non-resident alien does not take away the requirement to have health insurance  under the ACA.  I am assuming that he was working in the USA while awaiting the green card-- did his employer not provide health insurance or was he self-employed ?

New Member

My husband and I got married with the K1 finance visa. He received his green card August 2017. Can i select paroled into the country or does he have to pay the penalty

He was not allowed to work for that entire year almost. At least not until his got his green card in August.
Level 11
Level 11

My husband and I got married with the K1 finance visa. He received his green card August 2017. Can i select paroled into the country or does he have to pay the penalty

in such a case, ACA would demand  that he still have health insurance either through market place or   through your employer.
Since he had no income and absent any other restrictions, you could file Married Filing Sep ---- thus he would have  income only for part of the year  and  be covered by the employer and you file similarly but with your whole year health insurance.  This  may or may not help -- cannot say without knowing  your exact facts and circumstances
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