Detained at Customs

[Shelldb 44]

4 minutes ago, SusieQQQ said:

No, you have to collect and take luggage through customs before connecting when you land from an international flight. It couldn’t have got through customs without someone physically getting it in the baggage hall, going through customs and dropping it at the baggage point for the airline.

This is true, and I’m not sure how his luggage entered his connection flight. 

[Mike E 11,723]

1 hour ago, Shelldb said:

Yes, the CBP went through our WhatsApp chat. They said we fight too much and I don’t love him. His paperwork says, “Fake Marriage” I nag more than I should and said hateful things I didn’t mean. I love him with all my heart. Never imagined this would happen. 

 

30 minutes ago, Shelldb said:

I’m not sure why they asked for his phone. However, during one of our arguments I stated this was a Fake Marriage, I was being hateful. I never meant a word of it. Never imagined this would happen. I’m going to review the links you sent. Thanks for being so informative. 

So a K-1 beneficiary and an I-129F petitioner are required to be unmarried. Where I believe you erred was going on written record in a chat with a beneficiary from a high fraud country that you two are married.  I believe this  was enough for CBP to deny entry.  
 

On visa journey K-1 couples are constantly warned to not to refer to each other as spouses and to avoid elaborate engagement parties and religious / cultural marriage / bonding ceremonies are verboten. 
 

Seems like an easy call for CBP.  And that’s before we learn how the actual conversations between your fiancé and CBP went.  

Edited May 21, 2022 by Mike E

[SusieQQQ 11,584]

7 minutes ago, Shelldb said:

This is true, and I’m not sure how his luggage entered his connection flight. 

Are you sure he wasn’t traveling with anyone? Someone would have had to know to get his bag (and know which was his bag)  and drop it at the correct connection spot. There is no way this was done by anyone from the airline or CBP.

 

 

Edited May 21, 2022 by SusieQQQ

[Boiler 43,438]

Just now, SusieQQQ said:

Are you sure he wasn’t traveling with anyone? Someone would have had to know to get his bag and drop it at the correct connection spot. There is no way this was done by anyone from the airline or CBP.

Agree it would still be going around on the belt, so that is not right. 
 

But then there is a lot more that sounds odd, never heard of a K1 being checked like this, why would they be going through his phone? Something unusual happened now what was that?

[SusieQQQ 11,584]

6 minutes ago, Boiler said:

Agree it would still be going around on the belt, so that is not right. 
 

 

It would have been taken off the belt and put at the side if not collected. 
When we were delayed in processing at sfo on our immigrant visas due to a hold up at secondary, someone from CBP went to fetch our bags and brought them to us as they’d been taken off the belt like that. And there are always uncollected bags in sections off to the side in the pre-customs baggage areas.

the luggage story is yet another thing that doesn’t sound right about this story. Did I miss it or did OP confirm she actually picked it up? 

[Mike E 11,723]

14 minutes ago, Boiler said:

Agree it would still be going around on the belt, so that is not right. 
 

But then there is a lot more that sounds odd, never heard of a K1 being checked like this, why would they be going through his phone? Something unusual happened now what was that?

If he was traveling with someone  (and that does explain how his bag is apparently on the way to St Louis) then CBP has all pretext  needed to check his phone.  People I expect  K-1 visa holders to travel with:

 

* their fiancé(e)s

* their K-2 children 

* joint sponsors

* rarely: U.S. citizen / LPR siblings, LPR parents

 

Anyone else would raise suspicions 

Edited May 21, 2022 by Mike E

[PatLuvO 284]

1 hour ago, Shelldb said:

Yes, the CBP went through our WhatsApp chat. They said we fight too much and I don’t love him. His paperwork says, “Fake Marriage” I nag more than I should and said hateful things I didn’t mean. I love him with all my heart. Never imagined this would happen. 

What triggered the CBP officer to go through his phone? My husband is Nigerian and came via K1 and his phone wasn't searched. He was with them less than 5 minutes. Sorry this has happened.

[Family 3,483]

Fraud/Misrep paperwork can include words to the effect that he intended to “ enter into a fake marriage “. I think they may have uncovered other “ research “ , communication on his phone . 

But even if based solely on OP’s initial worries/ suspicions and feelings that something was OFF…CBP took a stance that everything considered…something is OFF. 
 

Hope you slow down and do not rush to actions  because you feel guilty. Would your relationship withstand another FEW LONG YEARS of uncertainty, long distance and another $20K investment ( assuming $10k legal fees, $5k trips and $5k split between paying for psych evaluation to show hardship and sending support to Nigeria)……

 

 

 

[African Zealot 1,452]

I think this thread is getting derailed. Whether he put his baggage on the next flight personally or someone else did or not is immaterial. We have already alerted OP that some of the things don’t sound right and it could be a scam. She’s received calls from border patrol which convinces her it’s not a scam. We should accept that part.

 

I think going forward postings should be focused on helping her with this ban etc, not questioning those extraneous inconsistencies about whether yhe said fake marriage or fake engagement etc. It couldn’t be a fake marriage because there’s no marriage.
 

OP, my understanding is your phone calls and senator and attorney can do absolutely nothing to revive the k1. It is totally dead. Next thing is to FOIA to make sure you know exactly what went on, go visit and marry him if you still want to continue, apply for Cr1 with a ban waiver and wait.

 

Nothing more to add really. Namaste and good luck.

Edited May 21, 2022 by African Zealot

[SusieQQQ 11,584]

2 minutes ago, African Zealot said:

Whether he put his baggage on the next flight personally or someone else did or not is immaterial.

He couldn’t have done it himself because he was being detained. So it raises a very material question of who would have been with him pre-customs doing his baggage for him?  Possibly the exact reason he got picked out for questioning by CBP and deported. 

[Family 3,483]

Though I applaud the VJ quick responses and presentation of all possible scenarios, the baggage is not an indicator

. The first call from CBP clearly says he will be making the flight, is just finishing the interview, thus his luggage was NOT FLAGGED at that time and allowed to continue its original boarding to next leg of the journey. 

[arken 4,197]

9 minutes ago, Family said:

The first call from CBP clearly says he will be making the flight, is just finishing the interview, thus his luggage was NOT FLAGGED at that time and allowed to continue its original boarding to next leg of the journey.

OP's fiance has to pass the immigration, collect the bag, come out of custom and then check in at the next domestic terminal for the next flight. There is no way the luggage makes it to the next journey without someone's help. The fiancé never passed the immigration otherwise he will be in the US and no immigration will touch him in the domestic terminal.

 

Entire thing is fishy. The fiance has to come with someone close, may be both went to immigration officer together that started the entire suspicion. That close person could have made it past the immigration and collected the luggage. So yes even the luggage seems material in this case otherwise it would still be in the baggage claim for the airport staff to hand it back to him on his flight back to Nigeria/London.

Edited May 21, 2022 by arken

[JeanneAdil 6,202]

When entering the United States from overseas, you must obtain your luggage and bring them through Customs and Border Protection (CBP). You will need to check them back into the airlines to make your next flight. Baggage not obtained after your international flight will not get to your final destination.

Straight from CBP site

 

https://help.cbp.gov/s/article/Article-992?language=en_US

[Cathi 5,610]

11 hours ago, Timona said:

 

 

Does he actually require a visa to travel via London? A while back I read that you don't need a visa to transit via UK provided you stay put at the airport. 

 

I travel a lot and since Kenya is a 20 hour flight minimum, I transit via other countries. I have never got visas for those countries. 

 

Understandably, there's a direct flight from NY to Nairobi via Kenya Airways. I would never board Kenya Airways. I'd rather walk if that was my last option.  🤣

I have traveled through Heathrow many times and a transit visa is not required.

[African Zealot 1,452]

Baggage baggage baggage 😂. Maybe the baggage wheeled itself 

Edited May 21, 2022 by African Zealot