It appears you've asked this question several times already. If you don't like the various answers you've received, your best bet would be to contact an immigration attorney directly for assistance.
The answer to this question is for informational purposes only and is expressly not legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this without seeking advice from professional advisers
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 email@example.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
The question you asked is convoluted, but at first glance, it seems that an immigrant may be eligible to apply for a good faith waiver of conditional permanent residency. In my experience, the US citizen is not in danger of being charged with visa fraud unless his intent at inception was to help immigrant to bypass immigration law (not the case in your description). In the meantime, one has always listen to both sides of the story. I believe the immigrant story will be totally opposite. I suggest to consult an experienced immigration attorney, and possibly psychologist, becasue the whole ordeal appears very stressful for both parties.
If they participated in visa fraud, then yes. See link below:
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.