Do I need to attach Form I-94 if my fiance is not currently in the US? Contradicting information in the instructions and the form itself.

[Jared_0002 0]

Hello, I am currently filling out Form I-129F. I am confused as to whether we need to include my fiances most recent Form I-94 about her entry to the US. She HAS been to the US numerous times but is NOT currently here. The USCIS filing instructions say to provide information about my fiances most recent entry for this section, BUT the actual form states "If your beneficiary is currently in the United States, complete Item Numbers 38.a. - 38.h." which asks for Form I-94 and additional information. So based on that, since she is NOT currently in the US, we would not fill out that section??? However, we then would not be providing information about her most recent entry to the US???

 

Do we need to attach it or not? What have others done and what has been the result? Thanks for your advice.

[powerpuff 6,697]

No, you do not need to attach it if the beneficiary is not in the US.
 

If you’re using I-94 as evidence of having met in the last 2 years then I would attach it.

[Jared_0002 0]

4 minutes ago, powerpuff said:

No, you do not need to attach it if the beneficiary is not in the US.
 

If you’re using I-94 as evidence of having met in the last 2 years then I would attach it.

Got it, thank you. I will mark it as N/A.

[powerpuff 6,697]

Just now, Jared_0002 said:

Got it, thank you. I will mark it as N/A.

Yes, that is what we did as well.