I-129F unclear instructions re: beneficiary

[kanderson101 131]

Thank you all for your help so far, this site has been so helpful! I just realized that the instructions for the I-129F conflict with the wording on the form and am wondering if someone could clarify. 

 

The instructions for the form state "Item Numbers 37. - 38.h. Form I-94 Arrival-Departure Record. 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. See the What Evidence Should You Submit section of these Instructions for additional information. If your beneficiary was admitted to the United States by CBP at an airport or seaport after April 30, 2013, he or she may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. You may visit the CBP website at www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94."

 

On the form itself, it says under Item 37 (checkbox for if beneficiary has ever been in the United States) - "If your beneficiary is currently in the United States, complete Item Numbers 38.a. - 38.h."

 

My fiance has visited the US multiple times but is NOT currently here, so I'm not sure what to do with item numbers 38.a-h. There is nowhere to provide the information of "most recent entry" besides in these item numbers. Anyone run into this too?

[KULtoATL 1,551]

Items 37 and 38 are not related. You do not need to complete Item 38 unless your fiance is currently in the US.

[kanderson101 131]

Thank you for the response! I suppose I'm still a little confused then about the instructions for the form. To me it looks like they still want documentation of his most recent entry. Am I just reading this wrong?

[KULtoATL 1,551]

You need to still provide his I-94 if he has ever been into the US even if he is not currently in the US  I know, it is confusing and whatnot.

 

ETA: I-94 will show the adjudicator when your fiance entered and exited the US if he has visited in the past. It's probably also a good way to see if he has ever overstayed. On top of that, if you guys have met in person in the US, the I-94 can be matched back to the in-person meeting evidences that you supplied for the petition.

Edited July 12, 2017 by KULtoATL

[kanderson101 131]

Okay, that does make sense. I found the ETA I-94 form so I should be able to get that. 

I'm still not sure where to include the I-94 on the I-129F since item 38 doesn't apply (he isn't currently here). Do I just attach the I-94 as an additional document when I send in the I-129 package?

 

Sorry for all the questions - this whole process just makes me nervous!

[KULtoATL 1,551]

Yes, the I-94 is a supporting document that is to be attached along with other supporting documentation

[kanderson101 131]

You're a wonderful person

[KULtoATL 1,551]

Nah. Just try to help where I can   Don't forget to check and check again AND sign the I-129F form before submission. Include a G-1145 so that you'll get a text and e-mail notification when they send out the NOA1.

 

Also, you might wanna sign up for USPS Informed Delivery so that you get a scan of your daily incoming letter sized mails. With that, you'll be able to tell in advance when a USCIS letter is headed your way.

[Oksmanoks 165]

So i think i forgot to check the Yes box on number 37 but we submitted pictures that i(beneficiary) have been to the US before. Do you think that will affect the processing of our paperwork? We already submitted it and got our NOA1. I kinda feel stupid for leaving that part out even though i already double checked everything.

[Anything for Love 1]

On 7/11/2017 at 11:26 PM, KULtoATL said:

Yes, the I-94 is a supporting document that is to be attached along with other supporting documentation

Hello.. may I ask, will be a good idea to put it on the cover letter?

[kanderson101 131]

8 hours ago, Anything for Love said:

Hello.. may I ask, will be a good idea to put it on the cover letter?

Are you referring to the I-94? I just attached mine as an extra document. 

[K1visaHopeful 2,814]

On 7/11/2017 at 9:01 PM, kanderson101 said:

Thank you for the response! I suppose I'm still a little confused then about the instructions for the form. To me it looks like they still want documentation of his most recent entry. Am I just reading this wrong?

It is my understanding that you are reading it wrong. 

“If your beneficiary is currently in the US, complete Item Numbers 38.a. - 38.h.”

My understanding is if your beneficiary is not in the US currently you do not complete it. 

My understanding is they require a copy of the I-94 form to prove how your beneficiary entered the US and how far along they are in their entry time and whether or not they have overstayed. 

If you think about it it has everything to do with Visa fraud detection:

1) Did they enter illegally and are now trying to stay legally?

2) Did they enter legally but now are making a last ditch effort to stay in the US with a fraudulent marriage?

3) Did they overstay and are they trying to prevent an entry ban for themselves with a fraudulent marriage.

 

The instructions for Q. 37 should have been elaborated on and SEPERATE from Q. 38 and 39. Also the instructions in “What Evidence Should You Submit?”...7. Form I-94 Arrival-Departure Record should have specified the scenario in which it was required (Beneficiary currently in U.S).

 

It is my understanding that the I-94 copy/info is needed for Q.38-39 only and if your beneficiary his NOT currently in the U.S., it does not apply. 

 

[kanderson101 131]

53 minutes ago, K1visaHopeful said:

It is my understanding that you are reading it wrong. 

“If your beneficiary is currently in the US, complete Item Numbers 38.a. - 38.h.”

My understanding is if your beneficiary is not in the US currently you do not complete it. 

My understanding is they require a copy of the I-94 form to prove how your beneficiary entered the US and how far along they are in their entry time and whether or not they have overstayed. 

If you think about it it has everything to do with Visa fraud detection:

1) Did they enter illegally and are now trying to stay legally?

2) Did they enter legally but now are making a last ditch effort to stay in the US with a fraudulent marriage?

3) Did they overstay and are they trying to prevent an entry ban for themselves with a fraudulent marriage.

 

The instructions for Q. 37 should have been elaborated on and SEPERATE from Q. 38 and 39. Also the instructions in “What Evidence Should You Submit?”...7. Form I-94 Arrival-Departure Record should have specified the scenario in which it was required (Beneficiary currently in U.S).

 

It is my understanding that the I-94 copy/info is needed for Q.38-39 only and if your beneficiary his NOT currently in the U.S., it does not apply. 

 

Thanks for the input! I think you're probably right, although to be on the safe side I included an I-94 (it also doubled as evidence that he's been visiting over the years). I think I also ended up writing in his passport number an info on the I-129f. I did check off "no" for the question about whether he is currently in the US. I'm hoping that the intent is clear but I suppose if they need further clarification I'll just have to deal with that later.