Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.
“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.” Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.Dear Sophie: My fiancé is in the U.S. on an H-1B visa, which is set to expire in about a year and a half. We were originally planning to marry last year, but both he and I want to have a ceremony and party with our families and friends, so we decided to hold off until the pandemic ends. I’m a U.S. citizen and plan to sponsor my fiancé for a green card. How long does it typically take to get a green card for a spouse? Any tips you can share? — Sweetheart in San Francisco Dear Sweetheart: Congratulations! It’s so wonderful to hear you’re planning to take the next step with your beloved. I understand wanting to wait to have a big wedding and party. However, to avoid the risk that your husband-to-be will have to leave the U.S., I recommend that you get married in a civil ceremony as soon as possible and immediately file for a green card. Be sure to check out the podcast that my law partner, Anita Koumriqian and I posted on the ins and outs of applying for a fiancé visa (if your fiancé is living outside of the U.S.) or a marriage-based green card. If your husband has already been sponsored for a green card by his employer and he’s only waiting for his priority date to become current, his employer might be able to renew his H-1B visa beyond six years, which would mean he won’t have to leave the U.S. while he waits for either green card to come through. Keep in mind that due to COVID-19 restrictions and an increase in filings, U.S. Citizenship and Immigration Services (USCIS) is facing significant delays in processing all immigration cases. Currently, USCIS may take more than a year to process marriage-based green card petitions. To answer your second question, here are my tips for getting a marriage-based green card for your soon-to-be husband: