In Dabaghian v. Civiletti, 607 F.2d 868 (9th Cir. 1979), it was concluded that the material inquiry in deciding whether to grant permanent residence status is the validity of the marriage from its inception, not the viability.
In Chan v. Bell, 464 F. Supp. 125 (D.D.C. 1978), the INS rejected an American wife's petition under § 204 of the Act, 8 U.S.C. § 1154, to classify her alien husband as a "spouse" under § 201(b) of the Act, 8 U.S.C. § 1151(b).
Providing for rescission of adjusted status if within five years it appears the alien "was not in fact eligible for such adjustment of status" when it was granted