Completed I-129F Item Numbers 37. - 38.h, even though beneficiary is not currently in U.S.

[Rednaxela 0]

American petitioner, petitioning for Canadian fiancée. While the form itself says to only complete those items if the beneficiary is currently in the U.S., the official instructions packet seemed to imply that it needed to be filled out regardless. The beneficiary is not currently in the U.S., and I filled out those items and provided her most recent I-94. Could this result in an RFE or denial? 

[payxibka 10,047]

2 hours ago, Rednaxela said:

American petitioner, petitioning for Canadian fiancée. While the form itself says to only complete those items if the beneficiary is currently in the U.S., the official instructions packet seemed to imply that it needed to be filled out regardless. The beneficiary is not currently in the U.S., and I filled out those items and provided her most recent I-94. Could this result in an RFE or denial? 

My belief is this is a situation where the instructions did not keep up to the most recent changes to the petition form

[Rednaxela 0]

Ah, that may be the case. Since the instructions seemed to conflict somewhat, I decided it would be best to include unnecessary information rather than fail to include potentially necessary information. I suppose my concern is that, due to the wording of the form itself, this could be construed as an "admission" that my fiancée is staying past her I-94's expiry date even though she isn't (she's in Canada).

[dentsflogged 352]

11 hours ago, Rednaxela said:

Ah, that may be the case. Since the instructions seemed to conflict somewhat, I decided it would be best to include unnecessary information rather than fail to include potentially necessary information. I suppose my concern is that, due to the wording of the form itself, this could be construed as an "admission" that my fiancée is staying past her I-94's expiry date even though she isn't (she's in Canada).

 

The instructions absolutely conflict.  I'm with you in that I decided it was better to give them more information than less.

 

The i94's expiry is just an expiry - it's the date that you're meant to leave by.  If your fiancee goes to her online i94 record, she can print it off and highlight to show that she has left.   It is updated pretty regularly - mine showed that I had left the country 3 days after I got home (but showed me leaving on the right date) so it's a good record to include if you're paranoid. 

 

[jessmcad 17]

We filed and got our NOA1 June 3rd, 2022. However, we did exactly what you did and answered the i94 questions even though I (Canadian beneficiary) had LEFT the US before the 129f was filed. We also did this due to conflicting information in the instructions packet. Did you ever get approved or did that cause you problems?

[Ontarkie 14,383]

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