I-129F Form Question 38... and I-94

[Kayls 8]

Hi everyone, any help would be appreciated. My US citizen fiance and I are preparing our I-129F form for the K-1.

 

As the beneficiary, I have been to the United States before, but I'm not currently there. What's the consensus on whether the petitioner needs to fill out question 38 a-h about my entry/stay in the US, considering that the form and the instructions contradict each other?

 

So far, we just have "beneficiary not in the US" written in and everything else left blank.

 

Additionally, there's a mistake on my latest I-94 form, some mix-up with passport numbers. Therefore, if we do have to answer question 38 and I have to provide my latest I-94 number, it's going to be an inaccurate reflection of when I last visited the US, which I know could cause a problems... which is why I'm hoping I can skip it altogether. So my questions are:

 

1 a) do we have to answer question 38 if I am not currently in the US? (I know this must have been asked a million times.)

b) Did you leave it empty and get approved?

 

2 a) If I do have to answer it, what do I do about the mistake on my I-94? It appears you have to get it corrected in person in the US, which isn't practical for me.

 

Thanks for the help.

Edited November 3, 2019 by Kayls

[payxibka 10,045]

13 minutes ago, Kayls said:

Hi everyone, any help would be appreciated. My US citizen fiance and I are preparing our I-129F form for the K-1.

 

As the beneficiary, I have been to the United States before, but I'm not currently there. What's the consensus on whether the petitioner needs to fill out question 38 a-h about my entry/stay in the US, considering that the form and the instructions contradict each other?

 

So far, we just have "beneficiary not in the US" written in and everything else left blank.

 

Additionally, there's a mistake on my latest I-94 form, some mix-up with passport numbers. Therefore, if we do have to answer question 38 and I have to provide my latest I-94 number, it's going to be an inaccurate reflection of when I last visited the US, which I know could cause a problems... which is why I'm hoping I can skip it altogether. So my questions are:

 

1 a) do we have to answer question 38 if I am not currently in the US? (I know this must have been asked a million times.)

b) Did you leave it empty and get approved?

 

2 a) If I do have to answer it, what do I do about the mistake on my I-94? It appears you have to get it corrected in person in the US, which isn't practical for me.

 

Thanks for the help.

Go with the form.  Well known conflict 

[Pitaya 2,577]

You have to. get your I-94 corrected at a CBP Deferred Inspection Station in the US. Yes, it sounds like a PIA.   Otherwise, you technically will be falsely representing yourself on the application and should USCIS do some checking, which they may do, the consequences could dire.

 

It your application and your visa future.

 

Good luck on your immigration journey.

[Sparkle Sparkle 914]

3 hours ago, Kayls said:

Hi everyone, any help would be appreciated. My US citizen fiance and I are preparing our I-129F form for the K-1.

 

As the beneficiary, I have been to the United States before, but I'm not currently there. What's the consensus on whether the petitioner needs to fill out question 38 a-h about my entry/stay in the US, considering that the form and the instructions contradict each other?

 

So far, we just have "beneficiary not in the US" written in and everything else left blank.

 

Additionally, there's a mistake on my latest I-94 form, some mix-up with passport numbers. Therefore, if we do have to answer question 38 and I have to provide my latest I-94 number, it's going to be an inaccurate reflection of when I last visited the US, which I know could cause a problems... which is why I'm hoping I can skip it altogether. So my questions are:

 

1 a) do we have to answer question 38 if I am not currently in the US? (I know this must have been asked a million times.)

b) Did you leave it empty and get approved?

 

2 a) If I do have to answer it, what do I do about the mistake on my I-94? It appears you have to get it corrected in person in the US, which isn't practical for me.

 

Thanks for the help.

You should go ahead and file your application. At the adittional I for section 8...explain clearly what the discrepancy is on your I-94 and attached you current I-94 and travel history. USCIS won't deny your petition because of mistakes you didn't make but they will deny it if they sense fraud. It's no news that I-94 is not super accurate and they know it.