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Hi, we're currently filling out the I-129F form and it clearly states that the I-94 information (38.a. - 38.h.) is not needed unless the beneficiary is in the US. But I did see some comments in this forum about attaching the most recent I-94 if you checked the Yes box for "Has your beneficiary ever been in the United States?". As I'm the beneficiary and I have been to the US, I just retrieved my I-94 from cbp.gov and it does not show my departure date. "Most recent date of entry" (07/28/17) is correct, but then all it says is "Admit until date" and lists 10/25/17. I went on an ESTA so it does make sense that I'm admitted until October, but since I left already, should that not be reflected? 

 

So is the I-94 really needed (can't find anything on uscis.gov about this) and if it is, what do we do if it's not accurate? We just don't want to submit contradicting information (as the I-129F is clearly stating that I've left the country) when we're not really sure it's even needed. 

Edited by LizM

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7 minutes ago, LizM said:

Hi, we're currently filling out the I-129F form and it clearly states that the I-94 information (38.a. - 38.h.) is not needed unless the beneficiary is in the US. But I did see some comments in this forum about attaching the most recent I-94 if you checked the Yes box for "Has your beneficiary ever been in the United States?". As I'm the beneficiary and I have been to the US, I just retrieved my I-94 from cbp.gov and it does not show my departure date. "Most recent date of entry" (07/28/17) is correct, but then all it says is "Admit until date" and lists 10/25/17. I went on an ESTA so it does make sense that I'm admitted until October, but since I left already, should that not be reflected? 

 

So is the I-94 really needed (can't find anything on uscis.gov about this) and if it is, what do we do if it's not accurate? We just don't want to submit contradicting information (as the I-129F is clearly stating that I've left the country) when we're not really sure it's even needed. 

I-94 does not really show the departure date, only the arrival details. You're fine.

 

Include the I-94 that you have. Since you have been to the US, yes you will need to present it. Don't worry about your departure as I am pretty sure they would have that details as long as they have your I-94. Their system has a record of everything and everyone who entered and left the US. 

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Filed: AOS (pnd) Country: Philippines
Timeline
7 hours ago, Cynthia_Santee said:

I am in the same situation! I (beneficiary) have been to the U.S. but I am not currently there! Should the "Travel History" be attached too?

Thank you!

Hi!:)

I been to USA aswell and we did file our 129f already. We included my I94 travel history in the packet as well as the passport stamps from my travel in USA. 

 

Better include it though even you're not in USA atm. 

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Filed: Lift. Cond. (pnd) Country: Japan
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8 hours ago, Cynthia_Santee said:

I am in the same situation! I (beneficiary) have been to the U.S. but I am not currently there! Should the "Travel History" be attached too?

Thank you!

Hi

in my case I wasn’t in US at that time, I didn’t include my I-94. Got my approval no problems.

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Filed: K-1 Visa Country: Canada
Timeline

Hi LizM,

 

My fiance and I are going through the same process. I am the beneficiary, and I have an I-94 as well, and it doesn't show my departure. I left the US a few months ago. I see you attached your i-94 info in the i-129f application, but what did you write down in the actual i i-129f form (it says to only fill the i-94 section out if you are currently in the US)? Did you just say N/A? Any tips/info would be greatly appreciated!

 

Thanks!

 

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Filed: K-1 Visa Country: Canada
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On 4/24/2018 at 10:45 PM, Naes said:

Hi

in my case I wasn’t in US at that time, I didn’t include my I-94. Got my approval no problems.

This helps! I was just in the US and my I-94 just expired so I was confused as to whether I had to fill in that part, as well as the passport part. So, no need right? Since I'm back in my home country (Canada) and will be here at the time of filing. 

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Filed: Lift. Cond. (pnd) Country: Japan
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18 minutes ago, KristineGB said:

This helps! I was just in the US and my I-94 just expired so I was confused as to whether I had to fill in that part, as well as the passport part. So, no need right? Since I'm back in my home country (Canada) and will be here at the time of filing. 

No need. 

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