fill out part 2, question 38 on the I-129f even for short visits?

[Neele 0]

My fiancé (the petitioner) and I (the beneficiary) want to apply for the K1 but we are unsure about how to fill out part 2, question 38 on the I-129f.

It says "If your beneficiary is currently in the United States, complete Item Numbers 38.a. - 38.h" I understand that we do not have to fill it if I am not currently in the states but we are planning to send the forms next time I will visit him in the US. I will be in the US on an ESTA only for 2 weeks and by the time they review it I will probably already left the states again. Are they talking only about residing in the states or long term visits or should we fill that part even though I am only there for 2 weeks on an ESTA.

If we leave this part blank and I attach my i-94 travel record and I pull it after arriving in the US it will show that I entered the US but not that I left. So should I just pull the travel record before entering the US if we leave it blank?

Did anyone have a situation like this? How did you guys do it? I appreciate the help!

[smilingstone 202]

If you intend to file when you are in the US, then you complete that section when you are in the US. It doesn't matter if you think you won't be there when they see the form. Information needs to be accurate at time of filing. 

 

Why wait until your next visit to file? As long as your petition is complete, I see no logic in delaying it further. 

[Neele 0]

1 minute ago, smilingstone said:

If you intend to file when you are in the US, then you complete that section when you are in the US. It doesn't matter if you think you won't be there when they see the form. Information needs to be accurate at time of filing. 

 

Why wait until your next visit to file? As long as your petition is complete, I see no logic in delaying it further. 

Well my next visit is in 3 weeks so it is not that far away and we would like to go through it together and make sure everything is right. It is just easier to do that in person.

Thank you for your help!

[apnzz 263]

If you file when in the U.S, then you would answer those questions because it is applicable to you, because at the time of completing the form, you are in the U.S.

 

If you are filing when in the U.S, and requires the i-94, then include the i-94 to show your entry. As, at the time of filing, your i-94 shows the entry, and you are in the U.S so it's accurate at the time of filing.

 

Edit: if you're really worried about it, then you can always use the extra pages to include an explanation and just say you're leaving on X date. 

 

 

Edited Friday at 10:59 AM by apnzz

[Scandi 4,171]

Yes, you fill that part out if you're currently in the US when you send the application. I did the same thing, went to visit my then fiance in the US on an ESTA (only for a few weeks) and we filled everything out together - highly recommended! We took copies of everything and I took one copy with me back home. I had also brought passport photos from my home country, but you can easily take those in the US too.