Does Government Treat Green Card holders via K-1 route differently?

[HypoLoveTriangle 2]

My Japanese Fiance had done some research and said that other Japanese women entering the US and getting a Green Card via the K-1 route get discriminated against/treated poorly than Immigrants who get their Green Card via a Job or Work environment.

She keeps telling me women have complained about processes taking longer to complete, in situations of premature death the Green Card holding spouse would not receive the estate of the recently deceased the government would take their assests, and various other legal issues.

Is there any truth to this? Does it make any sense? Because it sounds not correct to me.

A green card is a green card, right?

Or is the Temporary Conditional Green Card that a K-1 applicant receives not have all the rights that the 10 year green card has?

Any thoughts? Is she freaking out over nothing?

Thanks in advance!

[Harpa Timsah 13,258]

GC through marriage is light years faster than GC through work.

Assets from marriage have zero to do with a Greencard.

[Xanax 349]

I would ask her to get written proof of where this is stated as the case, otherwise it sounds odd to me, I haven't heard anything like that before.

Is it normal for your fiance to be considering your premature death? I would be worried if my fiance was talking like that -lol

What is it she is exactly concerned about? Your assets when you die, treatment in regards to something else? Find out what exactly she is worried about then you can investigate it!

Edited June 3, 2012 by BrittandDan

[Moomin 292]

Discriminated how? There are differences. Differences aren't the same as discrimination.

A worker already has shown why he/she is worth something to the US, financially(which is a keyword to the US government). I'm on a K1 and basically only here to be with my husband, that's my special skill. You can insert a bunch of curse words here from people who'd believe I just sit on my a** all day doing nothing but being here on tax payers money. While I'm here to be with my husband, I decided to also work(and pay taxes). My special work skills could probably land me a work visa but I'd have no reason to be working here if it wasn't for my husband.

It's hard to disprove a person on a work visa becoming a public charge since they'll be supporting themselves. A K1 on the other hand, is different since it's really really really rare that he or she can vouch for themselves financially for not becoming a public charge even before setting foot in the country.

[KayDeeCee 4,893]

My Japanese Fiance had done some research and said that other Japanese women entering the US and getting a Green Card via the K-1 route get discriminated against/treated poorly than Immigrants who get their Green Card via a Job or Work environment.

She keeps telling me women have complained about processes taking longer to complete, in situations of premature death the Green Card holding spouse would not receive the estate of the recently deceased the government would take their assests, and various other legal issues.

Is there any truth to this? Does it make any sense? Because it sounds not correct to me.

A green card is a green card, right?

Or is the Temporary Conditional Green Card that a K-1 applicant receives not have all the rights that the 10 year green card has?

Any thoughts? Is she freaking out over nothing?

Thanks in advance!

Yes, someone with a conditional 2 year card has all the same rights as someone with a 10 year card. The only thing that is conditional about the 2 year card is that one must file for removal of conditions to prove they are a real married couple and did not marry just for the purpose of a green card. When the ROC is approved, then they receive a 10 year card. The rights they get do not change, just the length of the expiration of the card.

Issues of estate assets upon death are not based on your green card, or how long its expiration date is. They are based on the laws of the state and the will of the deceased.

Who exactly is discriminating against them and treating them poorly? How are they doing so?

[Kathryn41 3,205]

What your wife might be referring to regarding the estate isn't necessarily because of a K-1 visa - it applies to all non-US spouses of American citizens. When a US citizen spouse dies and their spouse is also a US citizen, they have right of survivor ship on the estate and do not have to pay taxes on the estate to the IRS. It is deferred until their death and their heirs have to deal with estate taxes. If the spouse of a US citizen is a permanent resident as opposed to a US citizen, the IRS requires that the estate taxes be paid at that time and the non-US spouse does not receive the deferred taxes right of survivor ship status. There is a financial limit that must be exceeded before an estate is taxed and I don't recall what it is, however, this was definitely one of the main considerations why I choose to become a US citizen, especially as both my husband and I are getting on in years. The IRS' thinking on this is that a non-American spouse may choose to return to their country of origin taking their estate assets with them rather than remain in the US, and the IRS doesn't want to lose the tax that is due on the estate when that individual later dies overseas.

If an individual enters the US on a work or other non-family based visa, they generally are not dealing with a US citizen as a marriage partner, therefore the above situation wouldn't apply to them.

Work visas are often faster to obtain than fiancee or spousal visas, however spouses of US citizens definitely qualify for and get their green cards faster as well as qualifying for citizenship faster. Most work visas or student visas do not become permanent residents and return to their home countries when their visas expire. Some do, of course, and from what I have heard, the process both to qualify and to obtain the green card doesn't happen any faster for someone adjusting from an H1 B visa, for example, than from a K-1 or CR-1 entry.

One thing I have noticed over my years here on Visa Journey - the grass almost always looks greener on someone else's side of the journey.

This link provides a good description of what it means and how to deal with the potential situation a non-US spouse faces when the US spouse dies.

http://www.visalaw.com/03sep4/11sep403.html

Edited June 3, 2012 by Kathryn41

[HypoLoveTriangle 2]

Thank you guys so much for all your responses.

I've asked my fiance for specific examples and what I wrote is pretty much all I could get out. I think Kathryn41 got the closest to what I believe my fiance is talking about. Will keep you posted if anything else comes up!

[Darnell 8,478]

She keeps telling me women have complained about processes taking longer to complete, in situations of premature death the Green Card holding spouse would not receive the estate of the recently deceased the government would take their assests, and various other legal issues.

This is true. There's been recent FEDERAL legislation to overcome this bit. Estate law is at the state-level - each state is different in it's application of stuff after death - this FEDERAL Legislation leveled the field, in an attempt for a green card holder (gotten after arriving in USA on a K-1 visa) to inherit properly.

Regardless, a well-written will can trump much of that silliness. Much, but not all, as there was still some issue on taxation, which that Federal Legislation also sought to refactor. I wish I had the exact references on the law, though - that might help yer lass a bit.