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U.S. immigration laws regarding marriage have been tightened over the years due to the historical abuse of marriage as a means to obtain a green card. The federal government has many requirements applicants must meet to demonstrate that their marriage is one of good faith and not a sham for permanent residency.

Immigration laws make it possible for both fianc s and spouses of American citizens to enter the United States and obtain permanent residency solely on the basis of marriage. However, the engaged person must show an immediate intent to marry the American citizen, "immediate" meaning within 90 days of entry. The entry visa is known as a K-1 and requires multiple application forms, including a preliminary petition (I-129F) and an interview at the U.S. Consulate General during which the engagement must be proven legitimate. Proof of relationship, such as photographs, timeline, plane tickets, phone records and letters are all required. Only after the marriage can the foreign spouse file for permanent residency (I-485).

Those who are already married to U.S. citizens must obtain a K-3 spouse visa to enter the United States after filing preliminary petitions as an alien family member (Petitions I-130 and I-129F). The spouse must also attend an interview at the U.S. Consulate General before obtaining the visa. Once the visa is granted, the spouse can enter the country and file for permanent residency (green card).

Regardless of whether the green-card applicant enters the United States on a K-1 or a K-3 visa, if the couple has not fulfilled two years of marriage (outside of the U.S.) then a conditional two-year period is placed on the green card from the date it is issued, after which the card will expire. In order to keep the green card from expiring, the couple must jointly file the Petition to Remove the Conditions on Residence (I-751). The purpose of the condition is to set a period during which the couple must remain together before divorce. Those aliens who divorce before the conditional two years are up lose their status and are subject to deportation (exceptions include widows/widowers, victims of domestic violence, and spouses of alcoholics, criminals, drug users and gamblers).