Here’s another edition of “Dear Sophie,” the recommendations column that addresses immigration-related concerns about operating at technology business.
“Your concerns are essential to the spread of knowledge that enables individuals all over the world to increase above borders and pursue their dreams,” states Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or looking for a job in Silicon Valley, I would enjoy to answer your concerns in my next column.”
Additional Crunch members receive access to weekly “Dear Sophie” columns; use promotion code ALCORN to purchase a one- or two-year subscription for 50% off.
Dear Sophie:
I’m a creator of a start-up on an E-2 investor visa and just got engaged! My soon-to-be partner will sponsor me for a permit.
Exist any minimum salary requirements for her to sponsor me? Exists anything I should bear in mind before starting the permit procedure?
— Betrothed in Belmont
Dear Betrothed,
Congratulations on your engagement and thanks for connecting!
There are several things to remember prior to you tie the knot. These essential considerations are particularly relevant considering that you’re a start-up creator, currently on an E-2 visa, and if you’ll continue to live in California.
My law partner, Anita Koumriqian, who is an expert in household migration law, recently talked to Lydia Hsu and Kara Foster, the co-founders of Foster Hsu, LLP, a California household law firm, on our podcast. They cover the ins and outs of household law and prenups, and what to know prior to you tie the knot and pursue the green card procedure.
California is a community residential or commercial property state, which suggests if your marital relationship does not exercise, all of the possessions gotten by you and your spouse during the marital relationship will be divided up similarly unless you have a prenuptial arrangement (prenup) in place before you get married. Considering that you are an E-2 investor and I picture you have considerable properties, it’s helpful to consider entering into a prenup before you become lawfully wed.
This is particularly important for you in pursuing a marriage-based permitsince U.S. Citizenship and Immigration Solutions (USCIS) typically aims to see whether couples are commingling funds in a joint checking account when assessing if your marital relationship is good-faith to authorize your green card.
Image Credits: Joanna Buniak/ Sophie Alcorn(opens in a new window)”A prenup may not be best for you,”states Kara,”however a minimum of you must be informed entering into a marital relationship and understand what you’re going to be responsible for, what your responsibilities are going to be, and how California is going to treat your property, possessions and income throughout the marriage. We have a lot of individuals can be found in later for a divorce saying, ‘If I had understood this, I would have done everything in a different way.'”
In addition to California, there are several other neighborhood property states in the U.S., including Arizona, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
From the immigration side of things, remember that the Affidavit of Assistance (Form I-864), which is needed for a marriage-based permit, will remain in result even in the event of a divorce– and takes precedence over any spousal assistance designated in a prenup.
Article curated by RJ Shara from Source. RJ Shara is a Bay Area Radio Host (Radio Jockey) who talks about the startup ecosystem – entrepreneurs, investments, policies and more on her show The Silicon Dreams. The show streams on Radio Zindagi 1170AM on Mondays from 3.30 PM to 4 PM.
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