Pricey Sophie: What ought to I learn about prenups and getting a inexperienced card via marriage? – TechCrunch

Dear Sophie: What should I know about prenups and getting a green card through marriage? – TechCrunch

Right here’s one other version of “Pricey Sophie,” the recommendation column that solutions immigration-related questions on working at know-how corporations.

“Your questions are important to the unfold of data that permits folks everywhere in the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether or not you’re in folks ops, a founder or searching for a job in Silicon Valley, I might like to answer your questions in my subsequent column.”

Further Crunch members obtain entry to weekly “Pricey Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.

Pricey Sophie:

I’m a founding father of a startup on an E-2 investor visa and simply obtained engaged! My soon-to-be partner will sponsor me for a inexperienced card.

Are there any minimal wage necessities for her to sponsor me? Is there something I ought to bear in mind earlier than beginning the inexperienced card course of?

— Betrothed in Belmont

Pricey Betrothed,

Congratulations in your engagement and thanks for reaching out!

There are a number of issues to remember earlier than you tie the knot. These essential concerns are notably related because you’re a startup founder, at the moment on an E-2 visa, and if you happen to’ll proceed to dwell in California.

My legislation associate, Anita Koumriqian, who’s an professional in household immigration legislation, just lately interviewed Lydia Hsu and Kara Foster, the co-founders of Foster Hsu, LLP, a California household legislation agency, on our podcast. They cowl the ins and outs of household legislation and prenups, and what to know earlier than you tie the knot and pursue the inexperienced card course of.

California is a neighborhood property state, which implies in case your marriage doesn’t work out, the entire property acquired by you and your partner throughout the marriage will probably be divided up equally except you’ve got a prenuptial settlement (prenup) in place earlier than you get married. Since you’re an E-2 investor and I think about you’ve got important property, it’s useful to contemplate getting into right into a prenup earlier than you turn out to be legally married.

That is particularly essential for you in pursuing a marriage-based green card as a result of U.S. Citizenship and Immigration Companies (USCIS) usually appears to see whether or not {couples} are commingling funds in a joint checking account when assessing in case your marriage is good-faith to approve your inexperienced card.

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

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

“A prenup might not be best for you,” says Kara, “however at the very least you have to be educated going into a wedding and know what you’re going to be accountable for, what your obligations are going to be, and the way California goes to deal with your property, property and earnings throughout the marriage. We’ve got lots of people coming in later for a divorce saying, ‘If I had recognized this, I might have performed all the pieces otherwise.’”

Along with California, there are a number of different neighborhood property states within the U.S., together with Arizona, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

From the immigration facet of issues, remember the fact that the Affidavit of Help (Form I-864), which is required for a marriage-based inexperienced card, will stay in impact even within the occasion of a divorce—and takes priority over any spousal help designated in a prenup.

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