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Pricey Sophie: Marriage-based inexperienced card versus EB-1C inexperienced card?

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Right here’s one other version of “Pricey Sophie,” the recommendation column that solutions immigration-related questions on working at know-how firms.

“Your questions are very important to the unfold of data that enables individuals all around the world to rise above borders and pursue their desires,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether or not you’re in individuals ops, a founder or looking for a job in Silicon Valley, I’d like to reply your questions in my subsequent column.”

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


Pricey Sophie,

My fiancé and I acquired 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 dwelling and dealing within the U.S. for nearly two years on an L-1A visa.

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

Is there something particularly that I ought to consider? Additionally, wouldn’t it be an issue if I maintain my maiden identify after my fiancé and I get married?

— Unbelievable Fiancée

Pricey Unbelievable,

Congratulations in your engagement!

My regulation accomplice, Anita Koumriqian, and I not too long ago chatted about how our first shoppers as new immigration attorneys had been within the strategy of acquiring marriage-based inexperienced playing cards, and the enjoyment that supporting {couples} brings us! On our podcast, we additionally talked concerning the Okay-1 Fiancé(e) Visa. Take a pay attention!

I can perceive why it’s possible you’ll be contemplating various inexperienced card choices since one of many necessities of the EB-1C inexperienced card for multinational transferee executives and managers is it’s essential 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 explicit class is company-specific, it will probably make altering firms difficult.

As at all times, I like to recommend consulting an immigration legal professional who can focus on your choices based mostly in your explicit scenario and targets, in addition to provide help to by means of the marriage-based inexperienced card course of and accompany you and your husband to the inexperienced card interview in case you resolve to take that route.

Can I maintain my maiden identify?

Sure, you’ll be able to maintain your maiden identify! This should not have any impression in your prospects for a inexperienced card by means of marriage. The important thing to a marriage-based inexperienced card is demonstrating that you simply married for love, not a inexperienced card — a “bona fide” marriage in authorized phrases. You’ll have to reveal that your marriage is in good religion and that you simply’re braiding your lives collectively.

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

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