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

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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 permits individuals everywhere in 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 in search of a job in Silicon Valley, I might 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,

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My fiancé and I obtained engaged early this yr. We’re planning a marriage for later within the yr 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.

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

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Is there something specifically that I ought to have in mind? Additionally, wouldn’t it be an issue if I hold my maiden identify after my fiancé and I get married?

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— Improbable Fiancée

Pricey Improbable,

Congratulations in your engagement!

My regulation companion, Anita Koumriqian, and I just lately chatted about how our first purchasers 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 hear!

I can perceive why you might be contemplating various inexperienced card choices since one of many necessities of the EB-1C inexperienced card for multinational transferee executives and managers is you need to have been employed together with your multinational firm outdoors of the U.S. for a minimum of one of many final three years and there’s no premium processing but. Since this explicit class is company-specific, it will possibly make altering firms difficult.

As all the time, I like to recommend consulting an immigration legal professional who can focus on your choices primarily based in your explicit scenario and targets, in addition to make it easier to by 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.

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

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a brand new window)

Can I hold my maiden identify?

Sure, you may hold your maiden identify! This shouldn’t have any impression in your prospects for a inexperienced card by marriage. The important thing to a marriage-based inexperienced card is demonstrating that you just married for love, not a inexperienced card — a “bona fide” marriage in authorized phrases. You’ll have to exhibit 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 regularly used to pay for family bills, vehicle or householders insurance coverage insurance policies itemizing each of your names, pictures and different potential proof of your good religion marriage.

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