I am a H1B worker and my spouse in H4 visa category. I have a kid who is a US Citizen and we were enrolled in state sponsored Health insurance for 2015 .
In 2015, from Apr-July (4 months) my spouse and kid were outside the US(for a vacation) and I removed them from my dependent coverage. I included them back in my insurance when they returned in Aug 2015.
This is an usual situation with people working under non-immigrant visa category.
Question is: When I choose the months we had coverage, I am not including APR-JUL 2015 for my dependents. This is adding a penalty on my returns.
Will my spouse be eligible for 'Not a U.S Citizen' category for penalty waiver? Or if they are eligible for waiver, what is the option?