US citizen should retain an attorney to help her through this situation. She should not live with someone threatening blackmail.
This is not legal advice until I am retained and have reviewed all facts about your situation.
If the US citizen married for love and NOT solely to provide the immigration benefit to the immigrant, then no, they cannot be found guilty of fraud. Fraud requires that the US citizen knew the marriage would not be real and still went ahead and married in order to "give" the immigrant the green card.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
My colleagues are correct, in this situation, blackmail appears to be a worse crime than visa fraud.
Plus, it probably isn't visa fraud if the person was in love at the time of the marriage.
Meet with an attorney.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Please see the answer to your other question.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.