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Quick quesion about Marrying to USC- Medicaid

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  • Quick quesion about Marrying to USC- Medicaid

    Hi,

    Anyone know if you (overstayed visa) but marry to a USC, pending AOS, are you eligible to apply for medicaid since the spouse is currently getting medicaid?

  • #2
    Your green card could be denied for using public assistance, and your sponsor may be expected to pay it back.
    Adjustment of Status c(9) 400 days
    Married: 8/18/17
    Package Sent: 10/16/17 ~~ Received (PD): 10/19/17
    I-485 Status - "Biometrics Fee Received": 10/28/17
    Biometric Appointment (11/16/17) Received: 11/3/17 Done: 11/9/17
    EAD/AP Approved: 1/4/18 (Day 77) Notices & Card Received: 1/11/18
    EAD/AP Renewal Received: 10/4/18
    Interview Notice & EAD/AP Renewal Receipts Received: 10/9/18 (Day 355)
    Interview date: 11/13/18 ~ New Card Being Produced (Day 390)
    Card in hand! 11/23/18 (Day 400)

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    • #3
      Originally posted by laaaabiii View Post
      Hi,

      Anyone know if you (overstayed visa) but marry to a USC, pending AOS, are you eligible to apply for medicaid since the spouse is currently getting medicaid?
      Generally, you must be a permanent resident (green card holder), or be in certain special statuses like refugee or asylee to qualify for non-emergency Medicaid. You can get Emergency Medicaid but that is only for emergency treatment. A few states might offer Medicaid equivalent benefits for pregnancy-related care or children under 18 regardless of immigration status, though I don't know if you are pregnant or not.

      Originally posted by miiki View Post
      Your green card could be denied for using public assistance, and your sponsor may be expected to pay it back.
      Medicaid is not considered for determining whether someone is likely to become a public charge under current rules. There is a proposed rule to consider Medicaid used in the future after the final rule takes effect, if it takes effect, but the final rule has not been published yet.

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