Fiancée threatened with deportation by customs agent after arriving at airport for false accusations. How concerned should we be?

[thonati 48]

On 2/12/2025 at 12:23 AM, aerokkaido said:

I don't think this actually matters because they aren't going to check my records/passport when she's the one flying into the USA. Thanks for the relationship advice. 

Let me lay some heavy advice on you.  The US Federal Government knows way more about you and your habits than you do.  During my trip to SE Asia with my Filipina fiance'; we traveled to may places.  It was her first time out of the Phills.  After our travels, We parted ways and took different flights to our respective homes.

 

When I returned, the CBP asked me what countries I traveled to.  I was exhausted and I could not remember everything.  I just told him "I can't remember them all, you will just have to look it up".  He smiled and said, "Oh you knew I already had the answer to the question as soon as you stepped off the plane?"  I said, "are you kidding me, I should ask you if my fiance made it home safely".  He said "hold on."  Click click on the keyboard.   

 

"Yup, she made it to Cebu safely"

 

I was not surprised in the least.  I said, "thanks for letting me know." 

 

He said, "no problem and welcome home"

 

So, yes they ARE going to check your travel records.  They know everything.  The US Treasury trades information real time with CBP.  As soon as you hit the purchase button on the American
Airlines website, CBP knows all about your plans.  How did the CBP know who my fiance was?  Easy, I purchased the plane tickets in the Phills with my US credit card with me and my fiances name.  I purchased the ticket for her to get to Cebu, under her name.  I should have asked him if she took a p!$$ on the plane too, he probably knew the answer.

 

CBP uses algos (AI).  So while your fiance may not have technically broken the law, she violated the spirit of the law.  The visa is not for her to live in the USA with an American boyfriend, playing house for months at a time.  An education visa is for formal education and not sex education.  Also, even if you are lucky to get a K1 visa, the CBP is the sole arbitrator whether she gets in or not.  If they are having a bad day, you are $h!t out of luck. 

 

So if a CBP was upset with you or your fiance, take heed.  Say "I'm sorry, may I have another.  It will not happen again.".  They hold your happiness in their hands.  I agree with the others here.  She needs to stay away for a very long time to "clear the deck".  Most of us wait over a year for our fiance's to get here.  You need to stand in line like the rest of us. 

 

Good luck.  Please do not play with fire.

[hplusj 174]

On 2/13/2025 at 2:33 PM, aerokkaido said:

I just wish they would actually interview us instead of trying to intimidate us. 

Entirely subjective take here.  CBPs can be jerks.  But what you perceived as intimidation, may have been an interview with a bad CBP.

We hear your frustration.  You sound like you're looking to be mad about something, or have your side of the story approached with validating words.  In this community you will receive honesty, even if it's cutting and perceptively brutal.  I've learned it's key to accepting that the K1 visa process pulls no punches either.  You two will get eaten alive at every turn if you continue to see yourselves as victims through this.  Immigration is hard, and even sometimes risky.  As mean and unaccommodating as officers can be, USCIS and Customs Protection do not owe someone entry to this country.  Vetting is normal, and sometimes none too fair.

[usaman1999 17]

If she was in the US for four months why didn’t you just get married?

[poh 129]

On 2/11/2025 at 3:01 PM, aerokkaido said:

Firstly, I want to get some things clear because I know everyone will say this otherwise:

1. We are seeing an immigration attorney for consultation soon

2. We've already printed out several documents to prove that my fiancée is not coming here with the intent to live here for the future until they get the K-1 Visa

Now. Heres the actual story:
 

Recently, when my my Ecuadorian, non US citizen, girlfriend arrived at O'Hare from her flight, an agent threatened to deport her; basically, because she had stayed previously for four months with me previously.
 

The agent was aggressive from the start and insinuated that my girlfriend was working illegally (she was not) because she had previously stayed here for four months instead of a month as it was stated on the original airplane ticket (when that happened, we simply decided to live together before she went back to college to see if the relationship was worth the effort of dating across countries). Also, it's important to note she was here three times after those four months, and that this was about 8 months ago. The agent eventually called me to verify that she lived with me and again was very aggressive.
 

I communicated the basics of our relationship with the agent, that we met in Ecuador, we have been dating for a year, that she's a student at college in Ecuador, and that we did not originally plan to have her live with me for four months but that then she decided to try for longer until she had to start school again.
 

At one point I communicated that I had sent the I-129F form to be reviewed, so that eventually, my girlfriend would need to come to the USA so we could get married, and the agent got extremely upset. She misunderstood what the I-129F form is and believed I was trying to file an adjustment status of citizenship for her (I-1485), instead of getting a K-1 visa. I tried explaining that she had the wrong idea and she told me that she knew more then me, and threatened to deport my girlfriend right then and there. Finally, eventually I got through to her and she let my girlfriend go but stated that she cannot stay any longer then a day after her flight to leave (around 3 weeks).
 

Her leaving then is fine but we are really concerned about what this means in the future for when she is trying to come to the United States from Ecuador to see me in the timeframe before the I-129f is approved and she is able to marry me. Again, we did nothing wrong and I'm really angry/sad that this happening to us.
 

What options should I pursue here? If anything happens the next time she comes here, is there anything we could end up doing? In general, I'm looking for advice on how seriously to treat this, I.E was this one officer who was mad or do we need to be super careful anytime she goes to the US for us to talk before the I-129F is approved.

It all boils down to what was or appears to be the intent when arriving US with the type of non immigration visa.   I suppose if the non k-1 fiance came to "live" with you on each occasion then that may seem in the eyes of the Customs and Immigration that the person is not here for vacation or a visit as a tourist. Instead of her visiting many occasions, aoply for K-1 ASAP. It allows 90 days to figure out if marriage meant for you two while in US legally. The  K-1 is for that purpose.  If she keeps visiting maybe next time stay at a hotel and keep receipts.  

Edited Monday at 07:37 PM by poh

[SalishSea 18,218]

On 2/13/2025 at 5:57 PM, thonati said:

Let me lay some heavy advice on you.  The US Federal Government knows way more about you and your habits than you do.  During my trip to SE Asia with my Filipina fiance'; we traveled to may places.  It was her first time out of the Phills.  After our travels, We parted ways and took different flights to our respective homes.

 

When I returned, the CBP asked me what countries I traveled to.  I was exhausted and I could not remember everything.  I just told him "I can't remember them all, you will just have to look it up".  He smiled and said, "Oh you knew I already had the answer to the question as soon as you stepped off the plane?"  I said, "are you kidding me, I should ask you if my fiance made it home safely".  He said "hold on."  Click click on the keyboard.   

 

"Yup, she made it to Cebu safely"

 

I was not surprised in the least.  I said, "thanks for letting me know." 

 

He said, "no problem and welcome home"

 

So, yes they ARE going to check your travel records.  They know everything.  The US Treasury trades information real time with CBP.  As soon as you hit the purchase button on the American
Airlines website, CBP knows all about your plans.  How did the CBP know who my fiance was?  Easy, I purchased the plane tickets in the Phills with my US credit card with me and my fiances name.  I purchased the ticket for her to get to Cebu, under her name.  I should have asked him if she took a p!$$ on the plane too, he probably knew the answer.

 

CBP uses algos (AI).  So while your fiance may not have technically broken the law, she violated the spirit of the law.  The visa is not for her to live in the USA with an American boyfriend, playing house for months at a time.  An education visa is for formal education and not sex education.  Also, even if you are lucky to get a K1 visa, the CBP is the sole arbitrator whether she gets in or not.  If they are having a bad day, you are $h!t out of luck. 

 

So if a CBP was upset with you or your fiance, take heed.  Say "I'm sorry, may I have another.  It will not happen again.".  They hold your happiness in their hands.  I agree with the others here.  She needs to stay away for a very long time to "clear the deck".  Most of us wait over a year for our fiance's to get here.  You need to stand in line like the rest of us. 

 

Good luck.  Please do not play with fire.

Super interesting!  Thanks for posting.

[thonati 48]

8 hours ago, SalishSea said:

Super interesting!  Thanks for posting.

Another interesting tidbit.  The State Police know where you were before they pull you over.  After 9/11, the US Dept of Transportation in conjunction with each state's DOT have installed cameras along the inter-state.  These cameras have video capability to see traffic trends etc.  However, did you know these cameras have IR capability and read EVERY SINGLE license plate in real time and logs each entry? 

 

I was pulled over by my State Police last summer.  I was traveling to several different areas.  The Trooper asked me "where are you coming from?"  I told him, "from all over, here and there.  You will have to look it up to see exactly.  I cannot remember every place".  He smirked at me and said, "Oh so you know about the license plate readers.  Were you in the Military?"  I told him "No but I know all about them.  You probably can compute my average speed from camera to camera."  He said "Yes I can and I can see you were averaging about 85 MPH.  You know the speed limit is 70, right?

 

I told him, "Yes sir but I was going slightly faster than that so the cameras must be out of time".  He chuckled, handed me my D/L back and asked me if I could please keep it under 80 for him.

[Boiler 46,246]

The French were doing this 30 years ago.

[mam521 2,242]

Governments share info.  If it's not "technically" legal in the US, they send it to the UK, in the interest of national security and have the UK report back the findings.  People who think they are sneaky just aren't.  Someone, somewhere, is always watching.  

 

The OP needs to remember CBP are looking out for the best interest of the US to keep borders secure, facilitate trade and prevent terrorism.  USCIS are ultimately responsible for applying immigration law.  If CBP thinks your fiancé is questionable and a potential threat, as defined by policy, by overstay or potential illegal work, they will exercise their right to apply the policy.  Again, the US owes nothing to your fiancé, just like her country owes you nothing and could threaten the same to you if you demonstrated the same pattern there.