I-129F - 37 I-94 Record

[awh0007 1]

Hi all,

 

When it comes to the I-94 Record on question 37 of the Beneficiary information i'm a bit confused.  At first it asks if your beneficiary has ever been to the US (yes, that's where we met).  Then it asks if they are currently still in the US (No), and it says if the answer is "Yes" to fill out the rest of the form.  I was going to leave the rest blank, as it says, but then i read on the instructions that if your Fiancee has "Ever" been to the US that you need to supply all of their I-94 documents.  I have copy's of all of her Visa records just in case, but i wanted to see what this community through about that.  Thank you. 

[KULtoATL 1,551]

Item 38 is a separate question. It's not connected to Item 37. If the alien beneficiary is not currently in the US, you do not need to answer Item 38 at all.

[awh0007 1]

So if they aren't currently in the country there's no need to provide background information on previous Visa's?  Thank you. 

[KULtoATL 1,551]

It's as simple as there's no need to answer Item 38 aka whatever info that Item 38 is asking.

[Alicat 1]

I too am curious about this.  My fiance has been in and out of the US twice (with me) on a travel visa but now that we are filling the K1 fiance visa paperwork I see that it is part of the "evidence you must submit" part of the 129f filing paperwork.  I left 38 blank since he's not in the US but was curious if I need to print out his I-94 paperwork which just highlights his last two entries in the US and his I-94 number and just have it as an extra paper added to the stack.  Any insight would be appreciated.

[Alicat 1]

On 9/16/2017 at 4:20 PM, Alicat said:

I too am curious about this.  My fiance has been in and out of the US twice (with me) on a travel visa but now that we are filling the K1 fiance visa paperwork I see that it is part of the "evidence you must submit" part of the 129f filing paperwork.  I left 38 blank since he's not in the US but was curious if I need to print out his I-94 paperwork which just highlights his last two entries in the US and his I-94 number and just have it as an extra paper added to the stack.  Any insight would be appreciated.

@awh0007 what did you do in the end?  @KULtoATL any thoughts?

[KULtoATL 1,551]

1 hour ago, Alicat said:

@awh0007 what did you do in the end?  @KULtoATL any thoughts?

If he/she has ever been to the US, there's no harm providing the I-94 records. Reason being:

• I-94 will place him/her in the US if he/she claims that he/she was there with you during the said period.
• I-94 records will also show his/her entries and exits from the US, in other words no overstay/no visa abuse.

[LyndseyRae 0]

Hey guys, so my Fiancé traveled in the US using the J-1 visa back in 2008. My question is, do I need to provide anything from that travel in the I-129f? Also I found out that the I-94 form is still attached in her old passport and she can't remember why she didn't surrendered it. It was stated on the back of the form to surrender it when leaving the United States. Yes she still has her original boarding pass when she left the United States tho but is this gonna cause problems? Hi my Fiancé has been to the United States but she still has her I-94 attached in her old passport.