Here is another edition from “Dear Sophie”, the advice column that answers questions related to immigration on working in technology companies.
“Your questions are vital for disseminating the knowledge that enables people around the world to cross borders and pursue their dreams,” said Sophie Alcorn, immigration lawyer in Silicon Valley. “Whether you’re in people operations, a founder, or looking for a job in Silicon Valley, I’d love to answer your questions in my next column.”
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My fiance and I got engaged earlier this year. We are planning a wedding later this year when my family can travel to the United States from Estonia, where I am from. I have lived and worked in the United States for almost two years on an L-1A visa.
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 from my partner when we get married.
Is there anything in particular I should keep in mind? Also, would it be a problem if I keep my maiden name after my fiancé and get married?
– Fantastic bride
Congratulations on your engagement!
My legal partner, Anita Koumriqian, and I recently discussed how our first clients as new immigration attorneys were getting green cards based on marriage and the joy we provides support to couples! On our podcast, we also talked about the K-1 Fiancé (e) visa. Listen !
I can understand why you may be considering other green card options, as one of the requirements of the EB-1C Green Card for executives and directors of transferring multinationals is that you must have been employed by your multinational company in outside of the United States for at least one of the past three years and there is no premium treatment yet. Since this particular category is company specific, it can make it difficult for companies to grow.
As always, I recommend consulting with an immigration lawyer 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 accompany you. , you and your husband, to the green card maintenance if you decide to take this route.
Can I keep my maiden name?
Yes, you can keep your maiden name! It shouldn’t have any impact on your prospects of getting a green card through marriage. The key to a marriage-based green card is to demonstrate that you got married for love, not a green card – a marriage “in good faith” in legal terms. You will need to demonstrate that your marriage is in good faith and that you are making your lives together.
The immigration officer who assesses your case will look for evidence such as photos of your wedding, a rental agreement or mortgage signed by both of you, your 401 (k) plans that name each other as beneficiary, a bank account common which is frequently used to pay household expenses, auto or home insurance policies showing both your names, photographs and other possible evidence of your bona fide marriage.