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  • Obamacare for new immigrants. Household income?

    I am bringing my parents (who are 79 and 74 years old) to live with me and I am planning to buy them healthcare insurance through the ACA (Obama care). My parents will be living with me in my house in USA. The healthcare.gov website asks my parent's household income if they have to purchase a health insurance plan. My parents will not be earning/working and they will be living in my house for free. So what should be their "household income". Do I need to include mine and my wife's income as my parent's household income (we are the sponsors and signed the Affidavit of support)? or could I say, their household income as zero? which may qualify them for a lower premium? The intent here is to know, what is the legal? and what will be against the law? Also, if I am going to claim them as my dependent on my tax return, will I have any additional benefits? or filing for them separately will be financially beneficial? Last but not least, I am going the Obamacare route, as after considerable research, I have come to the conclusion that there are no other way to insure them effectively. If anyone of you know of a way around, please respond. Thank you!

  • #2
    Your income is effectively considered their income. Therefore, you have to specify that.

    People who have no income can NOT get any subsidy. People who higher than threshold also do not get any subsidy. It is the people in the middle who get varying amount of subsidy.
    Immihelp Support
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    • #3
      New immigrant, Obama care, household income

      Hello, I have a similar question, maybe you can help me with the answer.

      I am a new immigrant, a legal immigrant. I won a Green Card, that means, I didn't marry to get here, I have no sponsors, I do not work (yet), I don't study (yet). I am still deciding either to study or work, or both, and I want to work something good, well paid, because that's what I did before coming to USA. I know it sounds strange maybe, but I'm still adapting with everything and I'm really lucky I can easily do that.

      Anyway, long story short, I applied for Obama Care, which I have it for 2 months now. Recently they asked me for my household income. And I don't know what to provide. As I mentioned before, I do not work but I'm living with my boyfriend, is his house. We are not married, today I'm with him, tomorrow we're not. It's his house, he's paying for everything. My question is, what should I give to Marketplace for this household income they're asking for? I don't have anything yet, it's just my savings from back home and my boyfriend who's working and paying for everything.

      Thank you for your time and answer,
      Best regards,
      Cristina

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      • #4
        Newcommer Gren Card Holder

        Hello! I have just got my Green Card with my Family. We plan to move to Florida in early summer. I am a retired military personal from NATO countries, and I am looking for a health insurance for us.
        What type of insurance can I buy for the beginning (my son is 13, and my wife and me around 45). Do we eligible for any program?

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        • #5
          i have the same question. looking into parents (67/68) to come to the US with a green card. they will live separately and have somewhere around 20-30k in income from their home country pension. is it their income that i'd use for the ACA so they can get subsidy?

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          • #6
            It does not matter where they live.

            They are considered your dependents until
            * they become US citizen
            or
            * they are credited with 40 credits for work

            whichever comes first.

            Therefore, you must consider your own income in order to figure out whether they can ACA subsidy or not.
            Immihelp Support
            No legal advice. Use at your own risk.

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            Visitor Medical Insurance for your visiting relatives.

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            • #7
              got it, but is my total income to be used or just the affidavit of support income, i.e., up to 125% of poverty line, which for my household size would be around 40k

              Originally posted by immihelp View Post
              It does not matter where they live.

              They are considered your dependents until
              * they become US citizen
              or
              * they are credited with 40 hours of work

              whichever comes first.

              Therefore, you must consider your own income in order to figure out whether they can ACA subsidy or not.

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              • #8
                Total income.
                Immihelp Support
                No legal advice. Use at your own risk.

                Visa and Greencard Tracker

                Visitor Medical Insurance for your visiting relatives.

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                • #9
                  thanks - what is your source? not sure you're right. Straight from ACA per letter of the law. to me it seems 100% of poverty. looks like i'll just have to go through ACA in more detail as hard to base this decision on message board. but thanks for the help!

                  "
                  ‘(1) APPLICABLE TAXPAYER.— ‘‘(A) IN GENERAL.—The term ‘applicable taxpayer’ means, with respect to any taxable year, a taxpayer whose household income for the taxable year exceeds 100 percent but does not exceed 400 percent of an amount equal to the poverty line for a family of the size involved. ‘‘(B) SPECIAL RULE FOR CERTAIN INDIVIDUALS LAWFULLY PRESENT IN THE UNITED STATES.—If—

                  ‘‘(i) a taxpayer has a household income which is not greater than 100 percent of an amount equal to the poverty line for a family of the size involved, and ‘‘(ii) the taxpayer is an alien lawfully present in the United States, but is not eligible for the medicaid program under title XIX of the Social Security Act by reason of such alien status, the taxpayer shall, for purposes of the credit under this section, be treated as an applicable taxpayer with a household income which is equal to 100 percent of the poverty line for a family of the size involved.
                  "

                  Originally posted by immihelp View Post
                  Total income.

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                  • #10
                    You are interpreting ACA language as you find suitable to you but that is not accurate.

                    When you sign Form I-864, your ENTIRE income is deemed to be their income.

                    You should consult an immigration attorney to get the confirmation of what we just said.
                    Immihelp Support
                    No legal advice. Use at your own risk.

                    Visa and Greencard Tracker

                    Visitor Medical Insurance for your visiting relatives.

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                    • #11
                      im trying to get to the right answer and will do whatever law requires. form i-854 states support up to 125% of poverty line, not up to total income.

                      talked to 2 immigration lawyers and both of them have no idea re: what income to use, except that my parents would be eligible to apply.

                      Originally posted by immihelp View Post
                      You are interpreting ACA language as you find suitable to you but that is not accurate.

                      When you sign Form I-864, your ENTIRE income is deemed to be their income.

                      You should consult an immigration attorney to get the confirmation of what we just said.

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                      • #12
                        We have already tried to help you to the best we can, for free.

                        Once again:
                        When you apply for your parents insurance through ACA, you will have to enter their income. As you filed I-864 form, your income is considered their income. Therefore, that is the income you enter.

                        At this time, we leave it up to you what you would like to do.
                        Immihelp Support
                        No legal advice. Use at your own risk.

                        Visa and Greencard Tracker

                        Visitor Medical Insurance for your visiting relatives.

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                        • #13
                          40 hours or 40 quarters

                          Originally posted by immihelp View Post
                          It does not matter where they live.

                          They are considered your dependents until
                          * they become US citizen
                          or
                          * they are credited with 40 hours of work

                          whichever comes first.

                          Therefore, you must consider your own income in order to figure out whether they can ACA subsidy or not.
                          I'm looking for information about when a new immigrant can be considered as independent (from his/her sponsor) for applying health care benefits such as Obamacare.

                          Could you elaborate a bit more on this "40 hours of work". For example, is there a requirement for how many weeks s/he has to work on 40 hours weeks to be considered independent?

                          I read somewhere else in this forum (https://https://www.immihelp.comhttp...it-of-support/) where it states that the requirement is "40 quarters, or 10 years". This sounds to me awfully too long, but simply "40 hours of work" may be too simple/short.

                          Thank you and I hope to hear from you soon!

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                          • #14
                            40 quarters of work. That is 10 years. That is when people in the US become eligible for social security or Medicare benefits. That is the same for US citizens too.
                            Immihelp Support
                            No legal advice. Use at your own risk.

                            Visa and Greencard Tracker

                            Visitor Medical Insurance for your visiting relatives.

                            Comment


                            • #15
                              Household income - definition (for ACA)

                              Originally posted by immihelp View Post
                              Your income is effectively considered their income. Therefore, you have to specify that.

                              People who have no income can NOT get any subsidy. People who higher than threshold also do not get any subsidy. It is the people in the middle who get varying amount of subsidy.
                              ACA rules are clear as to when to and when not to include the sponsor's household income, for ACA subsidy calculations.
                              In the case of a US citizen household sponsoring a parent / parents for permanent residency , ACA (Obamacare) includes the sponsor's household income ONLY if the parent(s) CAN BE CLAIMED as dependent(s) by the sponsor. Refer page 5 FAQ document from National Immigration Law Center.

                              There are 5 tests (all of them have to be met) that IRS prescribes for eligibility for claiming someone as a dependent:
                              (1) The person you are claiming as a dependent must be related to you (i.e. only parents, and not foster parents)
                              (2) Your parent must be a citizen or resident of the United States or a resident of Canada or Mexico.
                              (3) Your parent must not file a joint return. If your parent is married, he or she must file separately. There is an exception if your parent is filing jointly, but has no tax liability.
                              (4) Your parent must not have a gross income of $4,000 (in 2015) a year or more. [Note - this is worldwide gross income , not just from US sources]
                              (5) You must provide more than half of the support for your parent during the year

                              If any of these are not met , you CANNOT claim your parent(s) as dependent(s) in your federal tax. This means the parent(s) have to file their own tax returns. In this instance since they CANNOT BE CLAIMED AS DEPENDENTS (for example, worldwide gross income is more than $4,000) , the income for ACA subsidy calculations would be the parent's own income (and does not count the sponsor's household income) . If however, per the above test the parent(s) CAN be claimed as dependents, then the sponsor's household income has to be included for ACA purposes (regardless of if the parent(s) choose to file taxes as the sponsor's dependent or separately).

                              ACA rules are different than the rules in welfare reform bill (1996) which stipulated that the sponsor's household income must be included as the sponsored relative's income for means testing of federal welfare programs - these are two distinct laws dealing with slightly different items and should not be confused with each other.
                              Last edited by samlynn; 08-30-2016, 03:08 PM.

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