New I-129F - Discrepancy between instructions and form?

[mysticdolphin95 431]

On the updated I-129F, there seems to be a discrepancy between the instructions provided by DHS and the instructions on the form itself.  Item 37 asks, "Has your beneficiary ever been in the United States?"  Yes, mine has.  Item 38 instructs, "If your beneficiary is currently in the United States, complete item numbers 38.a. - 38.h."  Mine isn't, so I haven't completed it.  

 

However, on the instruction guide, it says for this section, "Select the box to indicate whether your beneficiary has ever been in the United States. Provide the date of your beneficiary’s most recent entry in the United States, his or her I-94 Arrival-Departure Record Number, if available, and his or her immigration status at the time of arrival (for example, student, tourist, temporary worker, without inspection). Provide the expiration date and identification numbers on the I-94 or I-95 Arrival-Departure Records, travel documents, and or passports."

 

So, these instructions are asking for two different things.  Should I provide most recent visit info anyway, or just leave it blank?  

[Kayla and Andrew 2]

I had left mine blank, but I also included a copy of my fiance's I-94 history from this >https://i94.cbp.dhs.gov/I94/#/home< website. Everything had checked out fine and was approved. 

[mysticdolphin95 431]

That's what I was planning on doing.  Thanks for the info!

[gomes + MF 3]

On 5/20/2017 at 2:33 PM, Kayla and Andrew said:

I had left mine blank, but I also included a copy of my fiance's I-94 history from this >https://i94.cbp.dhs.gov/I94/#/home< website. Everything had checked out fine and was approved. 

 

Kayla and Andrew, thank you for this! I had the same doubt and had no idea how to proceed.

I also didn't know what the I-94 was and I am so glad that this was very easy to get from the website. I will be attaching both the pages with the most recent I-94 and travel history.

I'm sending everything in on Tuesday so wish me luck!!

[KULtoATL 1,551]

Items 37 and 38 aren't related. The instructions sheet is contradictory. If the alien beneficiary is not currently in the US at the point of filing, Item 38 can be skipped. However, if the alien beneficiary has ever been to the US, definitely attach his/her I-94 record retrieved from CBP's website  

[LyndseyRae 0]

My fiance has been to the US back in 2008, it's been almost 10 years since she left the US. I tried retrieving the I-94 info from the CBP website but it can only provide info for the last 5 years?

 

[Mushbroob 0]

Thanks for this, I was just stuck on the same thing. When you attached the I-94, did you do so as a separate document after the I-129 or did you include it as part of your evidence list to prove the travel date along with a passport stamp, etc. Or does it probably not matter?

[mysticdolphin95 431]

1 hour ago, Mushbroob said:

Thanks for this, I was just stuck on the same thing. When you attached the I-94, did you do so as a separate document after the I-129 or did you include it as part of your evidence list to prove the travel date along with a passport stamp, etc. Or does it probably not matter?

I don't think it matters, but I put it after the I-129 and listed it in the cover letter.  Everything went fine.

[Peot 161]

On 12/3/2017 at 7:39 PM, Mushbroob said:

Thanks for this, I was just stuck on the same thing. When you attached the I-94, did you do so as a separate document after the I-129 or did you include it as part of your evidence list to prove the travel date along with a passport stamp, etc. Or does it probably not matter?

Either way, they will find it. List it on your cover sheet.

[NYLondon 142]

Oh no, we didn't include this, do you think I should send it on?  We submitted end of July.  Now I'm worried about RFE for this.  Didn't know about the I-94 then, and now went online with the link provided and found it. 

We did write in all the visits we had between meeting and submitting, some in US and some abroad. 

I'm freaking a bit now. 

@Cmoran72

 

 

Edited December 5, 2017 by temashana

[AnaidAaron 42]

I had the same exact question. I did write down the number of my most recent I-94, but didn't attach the copy. Will this be enough?

[mysticdolphin95 431]

1 hour ago, temashana said:

Oh no, we didn't include this, do you think I should send it on?  We submitted end of July.  Now I'm worried about RFE for this.  Didn't know about the I-94 then, and now went online with the link provided and found it. 

We did write in all the visits we had between meeting and submitting, some in US and some abroad. 

I'm freaking a bit now. 

@Cmoran72

 

 

 

1 hour ago, AnaidAaron said:

I had the same exact question. I did write down the number of my most recent I-94, but didn't attach the copy. Will this be enough?

I don't think it will be a problem - in any case, USCIS has access to this information as they're the ones who let you into the country.  Given that the instructions are a little vague, I bet you'll be okay.  But, if you DO get an RFE, it will be an easy fix.

[NYLondon 142]

Thank you @mysticdolphin95  I hope it won't be an issue.  I did write down all the dates he had been in the country so wasn't trying to hide anything, just wasn't aware of the I-94 list to include until now.  For some reason thought it was related to him living here only, not travelling.  Stressed about the delays all around and a general mess at the moment, so panicking about everything.  I do have it printed out now just in case we do need it.  Best.

[SMK 89 68]

On 12/5/2017 at 9:32 AM, NYLondon said:

Oh no, we didn't include this, do you think I should send it on?  We submitted end of July.  Now I'm worried about RFE for this.  Didn't know about the I-94 then, and now went online with the link provided and found it. 

We did write in all the visits we had between meeting and submitting, some in US and some abroad. 

I'm freaking a bit now. 

@Cmoran72

 

 

Hi there - I see that you are now soon to be hearing wedding bells! Congrats! I just realized that we did the same thing as you did as it relates to the I-94. I (the beneficiary fiancee) did visit the US in the past so we answered yes for that but left the rest blank and didn't attach a copy of my I-94. Did you end up getting an RFE or anything about this? Did you see this happening to other people and what the consequences are? I'm freaking out now :'( 

[NYLondon 142]

Nope we were fine. Thankfully. We had included every passport page with stamps so perhaps that helped plus I wrote out a list of every visit we made to coincide with the copies of passport, travel stubs, etc.  

Best of luck.