topic Will my fiance still qualify for an insurance exemption in 2022 as non-citizen, not lawfully present in US, if we marry in December and our income is is around 50k? Cali. in Get your taxes done using TurboTax

Will my fiance still qualify for an insurance exemption in 2022 as non-citizen, not lawfully present in US, if we marry in December and our income is is around 50k? Cali.

alya88 — Tue, 10 Mar 2026 06:45:06 GMT

Hey all, my fiance was not lawfully present in US in 2022, we are about to marry in December. So far we are going to file taxes for 2022 together. I do have an insurance through Covered California Marketplace, however he did not have an insurance for the whole year as he was not eligible for it. Will his status be grounds for exemption from insurance penalty if our combined income is 50k in 2022? Or only in case if we file separately? Thank you in advance for your time

Re: Will my fiance still qualify for an insurance exemption in 2022 as non-citizen, not lawfully present in US, if we marry in December and our income is is around 50k? Cali.

Anonymous_ — Thu, 17 Nov 2022 20:54:18 GMT

@pk ?

Re: Will my fiance still qualify for an insurance exemption in 2022 as non-citizen, not lawfully present in US, if we marry in December and our income is is around 50k? Cali.

pk — Fri, 18 Nov 2022 03:33:02 GMT

@ alya88, my understanding of the situation is as follows : (a) you a US person ( citizen/ Green Card / Resident for tax purposes ) are living in the US (b) you have income ( wages / self-employment etc. ) (c) your health insurance is through market place and covered through California state (d) you plan to marry in Dec of this year ( Congratulations to you both ) (e) your spouse-to-be is a Non-Resident Alien, not present in the USA and therefore not required / eligible for health insurance coverage (f) you are hoping to file jointly , using both your incomes ( total about US$ 50K ) By filing joint , you get the benefit of larger standard deduction, but also both the salaries/incomes would be taxed by the USA. Additionally, the spouse's income would be taxed in the country earned . It is unlikely that foreign tax credit ( for taxes the spouse paid to the other country ) would bring enough benefit. So why do you want to do it ? What benefit are you looking forward to ? Additionally , as you mentioned recognition of the spouse's foreign income may affect your eligibility for govt. help for market place health insurance. Please tell me more about this --- where is the spouse from ( and where is the earning from )? Have you already applied for K-visa for the fiance to join you here in the USA. Or did you mean that your spouse-to-be is illegally here and therefore some of my assumptions are invalid ? pk