1. Married to Your Spouse before You Became a Permanent Resident

If you were married to your spouse before you became a permanent resident, your spouse may be eligible to receive following-to-join benefits. This means that you would not have to submit a separate Form I-130 for your spouse, and your spouse would not have to wait any extra time for an immigrant visa to become available. 

You should file the Form I-824 at the USCIS office that took the most recent action on your case. If the I-824 is approved, the USCIS will notify a U.S. consulate that you are a lawful permanent resident, so that your spouse can apply for immigrant visas. You must then ask your spouse to report to the local U.S. consulate to complete the processing.

2. A Suspect Marriage and Investigation of USCIS

The USCIS has the discretion to suspect and then accordingly to investigate a marriage that may bring immigration benefits to the aliens. If the USCIS has reasons to suspect that the marriage is a "sham marriage", the USCIS officers have the authority to investigate. Usually, the USCIS officers may visit the suspect couple at their residence, or visit their neighbors to investigate whether they reside together, share a household, or own property jointly, etc. 

Also, the USCIS officers may arrange interviews with the couple at their residence or at USCIS offices. In the interview, the USCIS officers may ask private questions regarding all aspects of their marital relationship, such as the brand of the other spouse's underwear or the favorite food, except those which are too offensively intrusive.

3. The Consequences of Divorce for Immigration purposes

A divorce is a legal termination of a marriage. Whether a termination of a marriage is deemed legal, and as a result effective, depends on the law of the state or country where the divorce took place. Generally, if the state law recognizes an action to terminate a marriage as a divorce, a marriage no longer exists between the affected parties for immigration law purposes.

For the most part, physical or legal separation (i.e., a separation formalized by a court) of married parties does not constitute a legal termination of a marriage. This is the case even in circumstances where each party of the marriage has no intention of residing with each other again. However, in some instances, a legal separation may be considered a legal termination of a marriage for immigration law purposes. This occurs when the law of a state or country converts legal separations automatically into divorces after a period of time.  

Generally, if the marriage is terminated by divorce before permanent resident status is granted (i.e., before adjustment of status is granted for those aliens who applied for adjustment), the beneficiary will not be eligible for permanent resident status through this relationship.

Children of aliens who are married to a U.S. permanent resident or citizen may obtain permanent resident status in many instances through their step relationship with their alien parent's spouse. As is the case with the alien parent, if the marriage terminates before permanent resident status is granted, the beneficiary or derivative beneficiary will not be eligible for permanent resident status through this relationship.