The authorized dissolution of a wedding earlier than the ultimate step in acquiring everlasting residency by means of marriage to a U.S. citizen can considerably affect the applying course of. The core foundation for eligibility shifts, doubtlessly rendering the applicant ineligible for a inexperienced card primarily based on the preliminary conjugal relationship. The immigration authorities will scrutinize the state of affairs to find out if the wedding was entered into in good religion, or primarily for immigration advantages.
Marriage-based inexperienced card purposes depend on the validity and continuation of the marital union. The system intends to grant residency primarily based on real spousal relationships. A termination of the wedding by means of divorce inherently challenges this basis. The timing of the divorce, particularly earlier than the interview, raises critical questions concerning the intent of the wedding at its inception and its current viability. Traditionally, immigration legislation has centered on stopping fraudulent marriages designed solely to bypass immigration laws.