Marriage-based green card versus EB-1C green card? – TechCrunch

Here’s one other version of “Dear Sophie,” the recommendation column that solutions immigration-related questions on working at expertise corporations.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members obtain entry to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.

Dear Sophie,

My fiancé and I bought engaged early this 12 months. We’re planning a marriage for later within the 12 months when my household can journey to the U.S. from Estonia, the place I’m initially from. I’ve been residing and dealing within the U.S. for nearly two years on an L-1A visa.

My firm is sponsoring me for an EB-1C green card, however the course of has been gradual. I’m fascinated with getting a green card by means of my partner once we’re married.

Is there something specifically that I ought to be mindful? Also, would it not be an issue if I maintain my maiden identify after my fiancé and I get married?

— Fantastic Fiancée

Dear Fantastic,

Congratulations in your engagement!

My regulation accomplice, Anita Koumriqian, and I lately chatted about how our first purchasers as new immigration attorneys had been within the means of acquiring marriage-based green cards, and the enjoyment that supporting {couples} brings us! On our podcast, we additionally talked in regards to the K-1 Fiancé(e) Visa. Take a hear!

I can perceive why you might be contemplating different green card choices since one of many necessities of the EB-1C green card for multinational transferee executives and managers is you need to have been employed together with your multinational firm exterior of the U.S. for at the least one of many final three years and there’s no premium processing but. Since this specific class is company-specific, it may well make altering corporations difficult.

As at all times, I like to recommend consulting an immigration legal professional who can talk about your choices primarily based in your specific state of affairs and targets, in addition to make it easier to by means of the marriage-based green card course of and accompany you and your husband to the green card interview when you determine to take that route.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)

Can I maintain my maiden identify?

Yes, you’ll be able to maintain your maiden identify! This shouldn’t have any influence in your prospects for a green card by means of marriage. The key to a marriage-based green card is demonstrating that you just married for love, not a green card — a “bona fide” marriage in authorized phrases. You must show that your marriage is in good religion and that you just’re braiding your lives collectively.

The immigration officer evaluating your case will search for proof corresponding to photographs out of your wedding ceremony, a lease settlement or a mortgage mortgage signed by each of you, your 401(okay) plans that record one another because the beneficiary, a joint checking account that’s incessantly used to pay for family bills, car or owners insurance coverage insurance policies itemizing each of your names, pictures and different doable proof of your good religion marriage.

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