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 know-how firms.

“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 received 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 serious about getting a green card via my partner after we’re married.

Is there something particularly that I ought to consider? Also, would it not be an issue if I preserve my maiden title 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 legal professionals had been within the strategy 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 various green card choices since one of many necessities of the EB-1C green 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 may well make altering firms difficult.

As at all times, I like to recommend consulting an immigration legal professional who can talk about your choices primarily based in your explicit scenario and objectives, in addition to make it easier to via the marriage-based green card course of and accompany you and your husband to the green card interview when you resolve to take that route.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a W3Techy logo.

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

Can I preserve my maiden title?

Yes, you possibly can preserve your maiden title! This shouldn’t have any affect in your prospects for a green card via 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 display 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 comparable to images out of your marriage ceremony, a lease settlement or a mortgage mortgage signed by each of you, your 401(ok) plans that listing one another because the beneficiary, a joint checking account that’s continuously used to pay for family bills, vehicle or owners insurance coverage insurance policies itemizing each of your names, pictures and different attainable proof of your good religion marriage.