In 1986, the Immigration Marriage Fraud Amendments Act established a conditional resident category for aliens who have been married for less than two years to either a U.S. Citizen ("U.S.C.") or lawful permanent resident. To qualify, the marriage must be bona fide (real-genuine) and not one of "convenience" entered into primarily for the purpose of obtaining an immigration benefit. Should it be determined the marriage was entered into fraudulently (to obtain an immigration benefit) it will result in the alien being permanently barred from entry into the United States. Both the U.S.C. and/or an alien who is convicted of engaging in the crime of marriage fraud can be imprisoned for up to five (5) years and fined up to $250,000.00 (one such conviction was upheld even though the parties engaged is sexual activities together, both before and after they were married, because the marriage was still found to be one of convenience). A charge of marriage fraud may also result should an alien falsely indicate s/he and the "spouse" are (or were) living together.

An alien who, within two years after obtaining conditional resident status, divorces or becomes legally separated, or whose spouse refuses to file a Joint Petition to Remove the Conditions on Residency, is subject to losing his/her lawful resident status. Such aliens may be able to qualify for a waiver of the conditional status. Should the USCIS deny such a waiver, the alien may appeal the BCIS's decision to an immigration judge; however, the immigration judge can only review the original ground(s) asserted to the USCIS for the waiver, not any alternative ground the alien could have, but did no, assert in a timely manner. Any alien who enters into a marriage after being placed in removal/deportation proceedings has a much higher burden of proof ("clear and convincing") to establish the marriage was entered into in "good faith."