topic 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 After you file

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

jade_pooh11 — Mon, 03 Jun 2019 17:43:51 GMT

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

Assuming that you are a US citizen/ resident and because...

pk — Mon, 03 Jun 2019 17:43:53 GMT

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 ?

He was not allowed to work for that entire year almost. A...

jade_pooh11 — Mon, 03 Jun 2019 17:43:56 GMT

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

in such a case, ACA would demand that he still have heal...

pk — Mon, 03 Jun 2019 17:43:57 GMT

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