![]() ![]() Drawbacks of a green card through marriageĭespite the quicker process, some of our clients say they want to avoid getting a green card through their spouse. ![]() We’ve had some clients whose employer has agreed to cover all or a portion of the legal and filing costs for the quicker marriage-based green card. citizens are not subject to any quotas.Īnother factor for your consideration is that a marriage-based green card can require a lower financial investment than an employment-based green card and less paperwork. ![]() citizens and permanent residents and green cards for the parents of U.S. Green cards for the spouses and dependent children of U.S. places on all employment-based green cards and many family-based green cards. Individuals born in China or India oftentimes face long wait times to file Form I-485 to register their permanent residence and receive a green card due to the numerical and per-country quotas the U.S. Currently, for marrying a citizen or permanent resident, it’s possible to file Form I-485 at the same time, which is called concurrent processing.Īssuming you were born in Estonia - not China or India - your employer could also file Form I-140 (Immigrant Petition for Alien Worker), the employment-based green card equivalent to Form I-130 and Form I-485 concurrently. Once you’re married, your spouse can file Form I-130 (Petition for Alien Relative), which establishes your relationship with your spouse and is the first step in the family-based green card process. In addition, AC21 portability is limited to the same or similar occupation after 180 days have passed after your I-485 was filed. Citizenship and Immigration Services - USCIS - guarantees it will make a decision on an application or request additional evidence within 15 business days of receiving the application.)įurthermore, an EB-1C often comes with lengthy time requirements as you must have worked for the company for at least a year abroad before qualifying. Moreover, premium processing is not yet an option for EB-1C green card petitions. When marrying a citizen, you’re considered an “immediate relative” and the Visa Bulletin becomes irrelevant. The biggest benefit of getting a green card through marriage is that it can be much quicker than getting an employment-based green card such as an EB-2 or EB-3, which require you to go through the PERM process, or possibly also the EB-1C. permanent resident are eligible to sponsor a spouse for a green card. Benefits of a green card through marriageĪs you probably know, both a U.S. Plenty of people who have kept their last names in marriage get approved all the time there are many ways to show the bona fides of your marriage. Supporting you to compile these documents to provide a compelling petition and application is one of the jobs of your immigration attorney. The immigration officer evaluating your case will look for evidence such as photos from your wedding, a lease agreement or a mortgage loan signed by both of you, your 401(k) plans that list each other as the beneficiary, a joint bank account that’s frequently used to pay for household expenses, automobile or homeowners insurance policies listing both of your names, photographs and other possible evidence of your good faith marriage. You will have to demonstrate that your marriage is in good faith and that you’re braiding your lives together. The key to a marriage-based green card is demonstrating that you married for love, not a green card - a “bona fide” marriage in legal terms. Yes, you can keep your maiden name! This should have no impact on your prospects for a green card through marriage. Since this particular category is company-specific, it can make changing companies challenging. for at least one of the last three years and there’s no premium processing yet. ![]() I can understand why you may be considering alternative green card options since one of the requirements of the EB-1C green card for multinational transferee executives and managers is you must have been employed with your multinational company outside of the U.S. ![]()
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