Latest I-94 number with I-129F?

[longusername 0]

Hello,

 

Does my US citizen fiancee need to submit my latest I-94 number with her I-129F petition for a K1 visa, and if so, what do I do if I no longer have the I-94?

 

I am resident in the United Kingdom. My most recent entry to the US was in 1990 on the Visa Waiver Program. I was permitted to stay 90 days, but overstayed, not leaving until 1999. The I-94 paper that they stapled to the passport fell out and I mislaid it.

 

In any case, I thought they collected the i-94 on exit, did they not? How, then, could anyone who has already exited be expected to have their I-94 number?

 

I do have my old expired passport from my most recent entry.

 

I know I could go to the CBP website and try to get the I-94 number there, but it says that only goes back 5 years.

 

We were just about to submit the i-129F form with supporting evidence of meeting and so forth. Then I read the instructions for completing the form and noticed it says if you have ever been to the united states you must supply an i-94 number.

 

We are now at our wits end and don't know what to do? Any help would be appreciated.

[nightingalejules 678]

You're looking at page 6 of the I-129f, right? Question 37 and 38?

If you're not currently in the US, you don't need to fill out Item numbers 38.a.-38.h. They only care about your I-94 if you are in the US right now. I don't see anywhere else where it wants I-94 information.

[longusername 0]

Thanks Nightingale,

 

Yes. I'm looking at those questions, but also at the instructions that come with the form. In the section on what evidence you must submit, it says:

 

"7. Form I-94 Arrival-Departure Record
If U.S. Customs and Border Protection (CBP) or USCIS issued your beneficiary a Form I-94, Arrival-Departure
Record, provide the Form I-94 number and date that your beneficiary’s authorized period of stay expires or expired (as
shown on Form I-94). The Form I-94 number also is known as the Departure Number on some versions of Form I-94."

 

That's what's so confusing. Am I overthinking this, or not thinking about it enough?

 

Most grateful for any help.

[nightingalejules 678]

Overthinking. I get what you're saying, but those instructions still only apply if you're currently in the US - ie those instructions are superseded by the instruction on the actual form, which says to only answer those questions if  the "beneficiary" is currently in the US.

 

I think they're trying to make sure you're applying for the right visa... You can't do a K1 from within the US. Who knows - there are several possibilities. Either way, trust me. You don't have to fill in question 38 at all, since you're not currently in the US.

 

Good luck on your K1!

[longusername 0]

My fiance and I are most grateful for the timely response. This whole ordeal can be very stressful and you have helped ease the pain of that.  Thank you.

 

^^She told me to say that, but it's true. 😀