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Confused about I-94 requirement on I-129f packet.

By SilverMonk in K-1 Fiance(e) Visa Process & Procedures

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SilverMonk Collaborator

SilverMonk   194

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Filed: K-1 Visa Country: Brazil
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Hello everyone,

 

I'm a little confused about the I-94 requirement on the fiance visa petition. I'm a January 2018 filer and I was wondering when the I-94 is required in the form. Our lawyer didn't include it in the packet and said that it is was not necessary. And on the form is says to fill out part 38.a - 38.h if the beneficiary (me) was currently in the US, which I am NOT. She then wrote "N/A - not currently in US". But I was there from mid 2015 to mid 2016 on a J-1. So was the lawyer right about not having to send in the I-94 or will we get an RFE because of this?

 

Thanks in advance to anyone who might have some insight.

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aleful Veteran

aleful   1,905

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Filed: Citizen (apr) Country: Argentina
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hi

 

yes, it is only if you are adjusting status in the US,

 

you will fill that part out when you do come to the US on the k1 visa, you will be given an i94 as you enter the country. after you are married and file the adjustment of status, you will put the information of the i94 on the paperwork

 

but for now you aren't currently in the US, so no need for that information, it doesn't apply to your case

 

 

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Dashinka Grand Master

Dashinka   24,513

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Filed: Citizen (apr) Country: Russia
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Posted (edited)
11 minutes ago, aleful said:

hi

 

yes, it is only if you are adjusting status in the US,

 

you will fill that part out when you do come to the US on the k1 visa, you will be given an i94 as you enter the country. after you are married and file the adjustment of status, you will put the information of the i94 on the paperwork

 

but for now you aren't currently in the US, so no need for that information, it doesn't apply to your case

 

 

Not entirely correct.  For the I129, the I94 record is to show if you fiancé has ever visited the US.

 

To the OP, if your fiancé has never entered the US, or is not currently in the US, then there is no I94 record of their visits, but if they have been here, then you should include their travel history.

 

Good Luck!

Edited by Bill & Katya

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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NikLR Grand Master

NikLR   13,227

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Filed: Lift. Cond. (apr) Country: Canada
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30 minutes ago, Bill & Katya said:

Not entirely correct.  For the I129, the I94 record is to show if you fiancé has ever visited the US.

 

To the OP, if your fiancé has never entered the US, or is not currently in the US, then there is no I94 record of their visits, but if they have been here, then you should include their travel history.

 

Good Luck!

no.  

 

it clearly states "If your beneficiary is currently in the United states..." 

 

so if a beneficiary is NOT in the USA at the current moment the I-129F is being filled out and signed, then there is no need to answer any of the questions. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Dashinka Grand Master

Dashinka   24,513

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Filed: Citizen (apr) Country: Russia
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19 minutes ago, NikLR said:

no.  

 

it clearly states "If your beneficiary is currently in the United states..." 

 

so if a beneficiary is NOT in the USA at the current moment the I-129F is being filled out and signed, then there is no need to answer any of the questions. 

You are correct, this only applies if your fiancé is currently in the US.  Apologies.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Moraesm Contributor

Moraesm   42

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Filed: K-1 Visa Country: Brazil
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Posted

We filed our petition last month and didn't answer that section as I was not in the US.

 

I too have been to the US under a J1 visa, so I sent my old i94 and Travel History (I can't remember if it was requested) as it also supports the fact that we met there during my exchange program.

 

Were you by any chance a Science Without Borders recipient?

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TNJ17 Proficient

TNJ17   1,329

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Filed: K-1 Visa Country:
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That particular i94 question is ONLY if your fiancée is currently at the present moment of you filling out those forms on US soil. If they’re not there you may skip that question. They ask about previous trips to the US later on. 

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Kyle&Ana Community Regular

Kyle&Ana   718

Posted
Filed: K-1 Visa Country: Dominican Republic
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i have this same confusion but if you read the instructions

image.png.d3c1d71f3305e0c5720c0a7eaa777c77.png

so i just download my 1-94 and attached...

 

04/04/18  - Mailed I-129F

04/06/18 -  NOA1 notice date email/text

10/18/18 -  RFE notification

10/22/18 -  RFE received in mail

11/01/18 -  RFE sent to USCIS

11/06/18 -  RFE received by USCIS

11/14/18 -  NOA2

11/27/18 - NVC Received

12/12/18 - NVC Case number

01/8/19 - Scheduled interview-APPROVED

01/21/19 - POE! 

 

Your absence has not taught me how to be alone; it has merely shown me that when together we cast a single shadow on the wall.

Ky-G team ❤️

When you walk awayI count the steps that you take

 

age.png

 

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WaterLeaf Rising Star

WaterLeaf   200

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Filed: AOS (apr) Country: Uruguay
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2 hours ago, Kyle&Ana said:

i have this same confusion but if you read the instructions

image.png.d3c1d71f3305e0c5720c0a7eaa777c77.png

so i just download my 1-94 and attached...

 

I was about to post this earlier to mention this.

But while I was reading this thread, people only pointed out the "Currently in the USA" part... so I'm confused.

K-1 Visa process (I'm the USC [F]) [2018-2019]

Spoiler

Sent packet: August 10, 2018 (Lines Compressed to fit signature restriction guideline)

USCIS Received package: August 14 - Notification in text/email: August 17 - Mail received from USCIS: January 22, 2019
USCIS Approved I-129F Petition: January 17 - NVC Received Case: February 14 - NVC Case # Assigned: February 14

US Embassy Received: Not sure but got email reply - March 11 - Instructions Received via e-mail: March 19

Interview: May 7 - Approved! - Arriving to US/POE: June 12 - Married July 15, 2019

AOS Process [2019-2020]

Spoiler

Sent packet: July 27, 2019 - USCIS Received Package: July 29 - [Hiccup] Package was sent back due to incorrect fee and sent on August 5.
Notification in text/email: August 12 @ 12:30AM - Check cashed: August 12 - NOA 1 Mail: August 16 - Biometric: September 5 @ Atlanta, GA

AOS RFIE: Sept. 28 - got in mail by Oct 3. [They lost my Husband's Birth Certificate] - Sent back AOS RFIE: Oct 16 2019, at office by Oct 17.
AOS Case update notice on April 9th, 2020, waiting for mail. - Interview date: Scheduled as of July 15, date is August 19. Passed the interview!

My Husband got his GC! 2 Year Conditional Green Card expires 08/19/2022, Residence since 08/19/2020

ROC Process [2022-2024]

Spoiler

Sent packet: June 16, 2022 via USPS, USCIS Received Package: June 21
Notice in text (didn't get email nor text on other phone): June 24
Notice date: June 23, package is at SRC (Texas Service Center), Paid with Credit Card, payment taken on June 25
NOA 1 Mail: June 30, Biometric: Reused
Got letter in mail for extension: April 12th, Received date June 21, 2022, Notice date: April 5, 2023 = 48 Months Extension. No physical card yet.
Approved without interview as of Feb 15th, 2024. Was not a combo interview with N-400.

Naturalization N-400 [2023-2024]

Spoiler

Filed Online: July 28, 2023, NOA: July 29, 2023
Service Center: NBC, application # starts with IOE#.
Biometrics waived. Got NOA mail Jan 5, 2024 says Interview in Nashville, TN on Feb 6, 2024.
Queue for review and approval. Already in line for Oath Ceremony as of Feb 13th, 2024.
NOA as of 4/29/24 - Oath Ceremony scheduled for May 30th in Chattanooga, TN. Rescheduled as of May 2nd, 2024 by USCIS - new date is May 29th.
May 29th - Naturalized! Ta-da!

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ITMFA Enthusiast

ITMFA   241

Posted
Filed: Lift. Cond. (pnd) Country: Canada
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Posted

I was also confused when we filled out that form. I was not in the US at the time, but had spent the better part of 9 years there as an F-1 student, so I printed off my most recent i94 and included it in the package. Our petition was approved without an RFE.

  • 10/30/2018 POE on K-1 visa
  • 12/03/2018 Married 😍
  • 12/07/2018 Sent AOS, EAD and AP forms 
  • 12/13/2018 NOA1
  • 12/21/2018 Received Biometrics appointment letter
  • 12/26/2018 Successful walk-in biometrics 
  • 03/20/2019 USCIS online case status for I-485 changed to "Case is Ready to be Scheduled for an Interview" 
  • 06/10/2019 EAD/AP expedite request submitted with evidence through Congressman's office
  • 06/17/2019 New Card is Being Produced! (EAD)
  • 11/15/2019 Interview! Approved 4 hours later
  • 11/23/2019 Received Green Card in the mail
  • 8/19/2021 Sent Removal of Conditions form
  • 8/24/2021 Application received, NOA1
  • 10/25/2021 Received biometrics waiver (dated 10/21/21)
  • 11/22/2021 Received 24-month extension letter
  • 11/7/2022 Filed N-400 Online
  • 4/6/2023 Naturalization Interview
  • 5/12/2023 Oath Ceremony
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SilverMonk Collaborator

SilverMonk   194

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Filed: K-1 Visa Country: Brazil
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Posted (edited)
On 8/5/2018 at 6:33 PM, NikLR said:

no.  

 

it clearly states "If your beneficiary is currently in the United states..." 

Yeah, I believe the lawyer went by that, hence the reason she didn't fill out that information and just put n/a.

 

Thanks for you help btw.

On 8/5/2018 at 10:15 PM, Moraesm said:

 

Were you by any chance a Science Without Borders recipient?

I was actually lol. So she sent in copies of my Ds-2019s but she  didn't include the I-94 since I was not in the country. I'm guessing that's the reasoning that she used.

 

Has someone here been in the same situation in where they did not include the I-94 and didn't receive an RFE? I see most here just saying they attached is anyways.

 

But I appreciate everyone who took the time to answer me. Thank you!

 

 

Edited by SilverMonk
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