Detained at Customs

[nastra30 2,284]

16 minutes 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. 

CBP told you this? or he told you himself?

[SalishSea 17,819]

1 minute ago, SteveInBostonI130 said:

Unless the connection was a relatively short one and they didn't inform the until too late.  But it does seem odd to ask the fiance about it instead of contacting the airline to hold onto it and send it back to O'hare.

The fiancé wouldn't have even had access to the luggage.  The visa holder coming through customs and immigration is required to pick it up and have it inspected before it is loaded onto a connecting flight.

Just now, nastra30 said:

CBP told you this? or he told you himself?

"You nag more than you should" doesn't sound at all like something CBP would ever say, lol.

[Family 3,988]

Thank you for the update. Here’s an easy internet read that explains what the 5 year bar discussion with the attorney may look like for you http://www.borderimmigrationlawyer.com/expedited-removal/

 

But basically, he got ER ( expedited removal, think of it as a fast deportation ) and there is NOTHING you can do to get him IN to the US, he will be sent back. There is NOTHING you can do to revive the K-1. 
 

IF you wanted to continue the relationship, you would now have to MARRY him , file an I-130 , wait for it to be approved then file I-601 Waiver and I-212 Permission to Reapply..all of which will require YOU to show hardship at being separated from your new spouse…and A LOT of legal fees. You will be getting a consultation so I hope the attorney realistically paints the TIMELINE and $$$ scenario of your future for the next few years. 
 

I am assuming the finding by CBP is “ FRAUD/ MISREPRESENTATION “..so  do a CBP / FOIA https://www.cbp.gov/site-policy-notices/foia   His paperwork can’t say “ fake marriage “ cause you are not married 
 

HOW on earth did he get into secondary, why did they ask for his phone ? 

 

 

[SalishSea 17,819]

Something isn't right about this entire story.

[Shelldb 44]

8 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.  🤣

He has to stay on the same airline he traveled into the states on, which is American and British air. I contacted American Airlines and he is rebooked on a flight leaving out of Chicago tonight through Qatar. 

[Shelldb 44]

2 minutes ago, Jorgedig said:

Something isn't right about this entire story.

I’m just saying what I was told, his paperwork says, “Fake Marriage” and I was asking for help on what to do next. 

[Shelldb 44]

9 minutes ago, Family said:

Thank you for the update. Here’s an easy internet read that explains what the 5 year bar discussion with the attorney may look like for you http://www.borderimmigrationlawyer.com/expedited-removal/

 

But basically, he got ER ( expedited removal, think of it as a fast deportation ) and there is NOTHING you can do to get him IN to the US, he will be sent back. There is NOTHING you can do to revive the K-1. 
 

IF you wanted to continue the relationship, you would now have to MARRY him , file an I-130 , wait for it to be approved then file I-601 Waiver and I-212 Permission to Reapply..all of which will require YOU to show hardship at being separated from your new spouse…and A LOT of legal fees. You will be getting a consultation so I hope the attorney realistically paints the TIMELINE and $$$ scenario of your future for the next few years. 
 

I am assuming the finding by CBP is “ FRAUD/ MISREPRESENTATION “..so  do a CBP / FOIA https://www.cbp.gov/site-policy-notices/foia   His paperwork can’t say “ fake marriage “ cause you are not married 
 

HOW on earth did he get into secondary, why did they ask for his phone ? 

 

 

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. 

[centric23 95]

OP - don't beat yourself up. There was someone else who posted their fiance also got denied at entry. They asked if he planned on getting married and he said "maybe/maybe not".

[Mike E 11,739]

1 minute 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. 

You are beyond DIY if you want to salvage this.  I agree with everything @Family wrote, but proceeding without legal advice would likely make things worse.  

[Family 3,988]

9 minutes ago, Shelldb said:

I’m just saying what I was told, his paperwork says, “Fake Marriage” and I was asking for help on what to do next. 

Please don’t beat yourself up. If you had suspicions he was using you for a green card, it’s perfectly NORMAL to talk to your partner!! 
There is nothing for you to do but file the CBP FOIA ( wait a few days) and you will get a LOT MORE INFO on what they asked him exactly and what they may have found on the phone. You are filing it for him so he is both requestor and subject.

 

And read my previous post for what next steps will look like 

 

[SusieQQQ 11,586]

53 minutes ago, Shelldb said:

The CBP contacted me three times. The first time was a courtesy call to let me know he is still being interviewed and will be on the next flight. The second call was to tell me he is being returned to Nigeria and the third time was to see if I picked up his luggage. I called them back to see what flight he was rebooked on. At this very moment he is still detained. Once he boards the aircraft he will get his phone back. I’m not sure if the CBP offered him the chance to withdraw his request to enter the US. I just know he is barred for 5 years.  I’m speaking with an attorney on Monday. 

They let his luggage enter the US without him? That doesn’t sound right.

 

I would ensure I had all the facts as to why CBP denied him entry, revoked his visa and gave him a 5 year bar, i guess the attorney can get that from the section denied under etc.

[SusieQQQ 11,586]

34 minutes ago, SteveInBostonI130 said:

Unless the connection was a relatively short one and they didn't inform the until too late.  But it does seem odd to ask the fiance about it instead of contacting the airline to hold onto it and send it back to O'hare.

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.

[Shelldb 44]

33 minutes ago, Jorgedig said:

The fiancé wouldn't have even had access to the luggage.  The visa holder coming through customs and immigration is required to pick it up and have it inspected before it is loaded onto a connecting flight.

"You nag more than you should" doesn't sound at all like something CBP would ever say, lol.

I said, I nag more than I should, it was all in our chats. 🙄

[SusieQQQ 11,586]

11 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. 

Well - you have 5 years before he can come back where you can certainly take plenty of time/get evidence to prove one way or the other that the marriage to happen is real.

 

Honestly - no matter how much you love him - if you are even saying things like that, something in your gut is telling you it’s not right, or it’s too soon, whichever one it ends up being, you have enough time to know for sure now. Is he willing ti have you come live in Nigeria with him for the next 5 years while you wait out the ban?

[JeanneAdil 6,491]

18 minutes ago, Shelldb said:

I’m just saying what I was told, his paperwork says, “Fake Marriage” and I was asking for help on what to do next. 

you are not married so it would not say this

 

He made it to Chicago  on your money 

as for a 5 year bar,  an attorney is not going to be much help

 

 

i suggest u google border security and watch some youtube videos to see what CBP is concerned with