The dissolution of a marriage before the grant of permanent residency based on that marriage can significantly impact the applicant’s immigration status. Generally, a marriage-based green card requires the couple to remain married throughout the application process. The applicant’s eligibility hinges on demonstrating that the marriage was entered into in good faith and not solely for the purpose of obtaining immigration benefits. If the marriage ends prior to the green card being issued, the applicant may no longer qualify under the original petition.
The potential loss of immigration status is a major consequence of marital termination during the green card application process. Historically, the immigration system prioritized family unity. However, safeguards were implemented to prevent fraudulent marriages designed solely to circumvent immigration laws. The bona fides of the marriage are scrutinized, and its continuation is generally expected until permanent residency is granted. Without a valid marriage, the foundation for the green card application weakens considerably.
