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Don Lawan

Fiancé entered to the US as a tourist and exited properly before the tourist visa expired

By Don Lawan in K-1 Fiance(e) Visa Case Filing and Progress Reports

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Don Lawan Newbie

Don Lawan   0

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Hi everybody, I would like to ask because maybe one of you guys have the same situation with my fiancé and I. My question is related to my answer in Part 2 of item#37 in my form I-129F. It asked here if my fiancé has ever been in the United States? so I checked Yes as she was able to come here in the States via tourist visa for business meeting at her company and exited legally before the visa got expired. I get confused because below the question of item #37 it stated "If your beneficiary is currently In the USA, complete item 38.a - 38.h." pretty much it ask to provide the details of the beneficiary's entry to the US but my fiancé is not currently in the US as she exited properly before her tourist visa expired however I was reading the instruction for Item 37- 38.h it stated in here select the box to indicate whether your beneficiary has ever been in the US. Provide the date of your beneficiary's most recent entry in the US. So the question in the form it contradicts on the instruction. Am I going to skip this part as she is not currently in the US or follow the instruction and put the details of her tourist visa? Thanks a lot

geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

For 37, answer Yes since she has been in the US at some point. You can leave 38.a-h blank (or put N/A) since she is not currently in the US.

 

If she was currently in the US, you would have needed to provide the information on her most recent entry in 38.a-h.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

KULtoATL Experienced

KULtoATL   1,551

Posted
Filed: Lift. Cond. (apr) Country: Malaysia
 Timeline
Posted

Items 37 and 38 are unrelated. If she is not currently present in the US, you do not need to complete Item 38.

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

Don Lawan Newbie

Don Lawan   0

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Thank you guys for taking time to reply much appreciated :)

1 minute ago, KULtoATL said:

Items 37 and 38 are unrelated. If she is not currently present in the US, you do not need to complete Item 38.

 

1 minute ago, KULtoATL said:

Items 37 and 38 are unrelated. If she is not currently present in the US, you do not need to complete Item 38.

Thank you :) 

2 minutes ago, KULtoATL said:

Items 37 and 38 are unrelated. If she is not currently present in the US, you do not need to complete Item 38.

Thank you much :) 

 
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