Line by Line Instructions for I130 specifically confused about rather Beneficiary has EVER been in the United States

[JE57 239]

Confused.  I-130 (online) asks if Petitioner has ever filed for Beneficiary -  Yes.  Filled a I129F for current spouse (I am petitioner and US Citizen), was granted she entered we married we did NOT adjust status and both moved back overseas.  She applied for and was granted a tourist Visa and we've been to the USA several times since.  After getting married she applied for and was granted a US SSN.  We are still living abroad and I'll work with my international employer to get a job offer from the US division of the company I now work for so once I130 is approved will have information and support from current employer (US Division) to show intent to establish domicile and should be able to get by without a co-sponsor.   So to the question... Clearly the answer to the has the beneficiary been in the USA is YES.   Can look up I94 information for last visit but don't believe she has a class of entry as she never got a green card.   The authorized stay on the most recent I94 would have passed (but she did leave before that date).  How do I find detailed instructions for this section of the form ? 

[Dashinka 24,443]

The only instructions I know are the link below with the I94 discussed at the top of page 5.

 

Good Luck!

 

https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

[IWander 589]

3 hours ago, JE57 said:

Confused.  I-130 (online) asks if Petitioner has ever filed for Beneficiary -  Yes.  Filled a I129F for current spouse (I am petitioner and US Citizen), was granted she entered we married we did NOT adjust status and both moved back overseas.  She applied for and was granted a tourist Visa and we've been to the USA several times since.  After getting married she applied for and was granted a US SSN.  We are still living abroad and I'll work with my international employer to get a job offer from the US division of the company I now work for so once I130 is approved will have information and support from current employer (US Division) to show intent to establish domicile and should be able to get by without a co-sponsor.   So to the question... Clearly the answer to the has the beneficiary been in the USA is YES.   Can look up I94 information for last visit but don't believe she has a class of entry as she never got a green card.   The authorized stay on the most recent I94 would have passed (but she did leave before that date).  How do I find detailed instructions for this section of the form ? 

I think you need to go back and read the statement right after question 45 of the i130 form.  It clearly says that if the beneficiary is currently in the USA then fill in 46a - 46d.  Clearly she is not currently in the USA therefore the questions surrounding the I94 do not apply.

Edited January 5 by IWander

[pushbrk 12,825]

9 hours ago, IWander said:

I think you need to go back and read the statement right after question 45 of the i130 form.  It clearly says that if the beneficiary is currently in the USA then fill in 46a - 46d.  Clearly she is not currently in the USA therefore the questions surrounding the I94 do not apply.

Correct. If she is not currently in the USA, none of that is applicable.