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Pending immigrant status ACA penalty?

My wife is an immigrant with a pending GC application.She got here in late June and we married in Sept. She has had insurance since we married.Do we have to pay the fine? She was here 183 days, but it doesn't make sense since we got it the same month we were married. 

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1 Reply
MinhT
Expert Alumni

Pending immigrant status ACA penalty?

As your wife's Green card was pending, she was not a legal US resident before your marriage and you can claim a waiver of the ACA penalty for these months.

In the TurboTax health insurance interview, on the page titled Did you all have health coverage in 2017? click on I'll click who had it and which months (see attached screenshot 1)
On the following page, check the months each of you had insurance in 2017.
Then on the page titled Did anyone have a situation that waives the tax penalty for being uninsured?, click on Not a legal U.S. resident (see attached screenshot 2)


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