Dear Sophie: Marriage-based green card versus EB-1C green card?

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Here’s another version “Dear Sophie,” advice column that answers immigration-related questions about working in technology companies.

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“Your questions are vital to the spread of knowledge that allows people around the world to rise above boundaries and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you are in people ops, a founder or looking for a job in Silicon Valley, I would love to” answer your questions In my next column.”

Extra Crunch members get access to a weekly “Dear Sophie” column; Use promo code ALCORN to buy a one or two year membership at 50% off.


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dear sophie,

My fiancé and I got engaged earlier this year. We are planning a wedding later this year, when my family can travel from Estonia to the US, where I am originally from. I have been living and working in the US for almost two years on an L-1A visa.

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My company is sponsoring me for an EB-1C Green Card, but the process has been slow. I am thinking of getting a green card through my spouse when we are married.

Is there anything special that I should keep in mind? Also, will it be a problem if I put my maiden name after my fiancee’s name and I get married?

– fabulous fiancé

dear splendid,

Congratulations on your engagement!

My legal partner, Anita Koumrikian, and I recently chatted about how we were in the process of acquiring our first clients as new immigration attorneys. Marriage Based Green Card, and the joy that supportive couples have given us! above us podcast, we also talked about K-1 Fiancé (E) Visa. Listen!

I can understand why you are considering alternative green card options as one of the requirements EB 1C The Green Card for Multinational Transferee Executives and Managers is that you must have been working with your MNC outside the US for at least one of the last three years and have not yet processed any premiums. Since this particular category is company-specific, it can make changing companies challenging.

As always, I recommend consulting with an immigration attorney who can discuss your options based on your particular situation and goals, as well as assist you through the marriage-based green card process and if If you decide, the Green Card will accompany you and your husband in the interview. take that route.

image credit: Joanna Bunyak / Sophie Alcorn (Opens in a new window)

Can I keep my first name?

Yes, you can put your first name! This should have no effect on your chances for a green card through marriage. The key to a marriage-based green card is demonstrating that you married for love, not a green card – a “true” marriage in legal terms. You must demonstrate that your marriage is in good faith and that you are holding your life together.

The immigration officer evaluating your case will look for evidence such as photos of your wedding, a lease agreement or a mortgage loan signed by both of you, your 401(k) plans that list each other as beneficiaries, a Joint bank account that is often used to pay for household expenses, automobiles or homeowners insurance policies, which list your name, photos and other possible evidence of your good marriage.

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