It's also illegal to plan to immigrate this way.

Thanks everyone for your advice

After discussion we've decided to postpone the wedding and continue with the fiance visa

Well after 6 months since my last post, here's an update, It was a good thing we postponed the wedding as I was denied entry when I travelled back in June ( the border guard did'nt believe I was there for a visit only ) and used text messages regarding the back and forth of the possible marrige as evidence against me, I think it's an important point to make that people need to check their mobile phones before travelling as allthough I was innocent of what they believed, they would not listen to an explanation and it's really quite an intimidating position to be in.

Anyway With all that it put back the application as further checks had to be made, I have finally recieved my approval almost a year after starting the process, now for the next stage and the US embassy in london.

I didn't know they had the right to look at your mobile phone! Shocking...

Was the first thing they asked for when they took me into the interview rooms.

CBP have the right to seize electronics and inspect them at their leisure. There was quite a controversy about it in tech circles a few years ago as they seemed to be randomly seizing laptops from travellers for weeks or months. Similarly UK customs has, or had, equipment that could be plugged into a laptop and take a clone of its hard drive, but in typical British fashion it only worked with DOS/Windows!

Keep in mind that a person arriving at a POE to request entry to the USA is not yet in the USA. They have fewer rights under US law than they will have after they are granted entry (if they are granted entry).

I don't know, but certain 'privacy rights' such as the search of a person's cell phone might be affected by this distinction.

Regards, JEff

Well it's pretty simple, you're allowed to not agree to the search but then they aren't obliged to let you into the country either....so that's the simple choice.

It's like everything else, the small amounts of liquids, taking shoes off etc, it's all a load of crap, but if you want entry, you've got to play by their rules.

Out of curiousity, how did this play out? They stopped you at the first instance at the customs queue and werent satisfied by your explanation so took you to one side to further explore your reasons for visit?

I'm afraid one of these days they are going to interrogate me, even though I have an I130 pending it seems to take them longer to approve my entry :-)

No, he never made it to the customs queue. He didn't get past the immigration queue. Two different functions, customs and immigration, even though since the creation of the Department of Homeland Security the officers performing the two functions are a part of the same organization.

Regards, JEff

Patel, 20 I&N Dec. 368 (BIA 1991) might be of interest. BTW, the "I-688A" was a document issued in conjunction with the 1986 "Amnesty" programs which allowed for travel. The alien in the cited Correa case was an LPR who cleared the immigration line only to have customs discover a KG of coke on her person -- she was nailed on reason to believe she was engaged in trafficking.

Also, a US citizen is subject to searches when crossing. The extent of authority to examine electronics has been subject to litigation. I seem to recall that the 9th Circuit said stuff is subject to search. However, there is a lawsuit named "Abidor" with the ACLU involved which was filed in Brooklyn if memory serves me correct.

Ah think this is just a matter of terminology, didnt know which is what - just so I am clear for next time..

Immigration = Passport check, Finger prints and photo taken.
Customs = Submission of blue form and secondary inspection.

Right? Please correct me if I got this wrong!

Almost - both the immigration and customs examinations have a primary and optional secondary part. Immigration primary is the questions + fingerprints + photo at the booth, secondary is the back office if there is any issue or extra processing they need to address. Customs primary is handing over the blue form, secondary is being sent for a bag check.

I've only been secondaried for immigration when arriving on my IV, which of course is standard. On my most recent entry last month I got secondaried at US customs for the very first time 'cos I checked the "food" box on the form. The guy just looked into my plastic bag of teabags and stuff and asked me what was in my main bag (clothes) and didn't bother to open it.

In simple terms, immigration inspects the person and customs inspects (and collects fees for as appropriate) the 'stuff' that the person is bringing with them.

Regards, JEff

Immigration = person.
Customs = stuff the person brings into the US.

Unless both clear, you're stuck!

Ian