The legal dissolution of a marriage before the final step in obtaining permanent residency through marriage to a U.S. citizen can significantly impact the application process. The core basis for eligibility shifts, potentially rendering the applicant ineligible for a green card based on the initial marital relationship. The immigration authorities will scrutinize the situation to determine if the marriage was entered into in good faith, or primarily for immigration benefits.
Marriage-based green card applications rely on the validity and continuation of the marital union. The system intends to grant residency based on genuine spousal relationships. A termination of the marriage through divorce inherently challenges this foundation. The timing of the divorce, especially before the interview, raises serious questions about the intent of the marriage at its inception and its present viability. Historically, immigration law has focused on preventing fraudulent marriages designed solely to circumvent immigration regulations.
