Jump to content
Kayls

I-129F Form Question 38... and I-94

4 posts in this topic

Recommended Posts

Hi everyone, any help would be appreciated. My US citizen fiance and I are preparing our I-129F form for the K-1.

 

As the beneficiary, I have been to the United States before, but I'm not currently there. What's the consensus on whether the petitioner needs to fill out question 38 a-h about my entry/stay in the US, considering that the form and the instructions contradict each other?

 

So far, we just have "beneficiary not in the US" written in and everything else left blank.

 

Additionally, there's a mistake on my latest I-94 form, some mix-up with passport numbers. Therefore, if we do have to answer question 38 and I have to provide my latest I-94 number, it's going to be an inaccurate reflection of when I last visited the US, which I know could cause a problems... which is why I'm hoping I can skip it altogether. So my questions are:

 

1 a) do we have to answer question 38 if I am not currently in the US? (I know this must have been asked a million times.)

b) Did you leave it empty and get approved?

 

2 a) If I do have to answer it, what do I do about the mistake on my I-94? It appears you have to get it corrected in person in the US, which isn't practical for me.

 

Thanks for the help.

Edited by Kayls

Share this post


Link to post
Share on other sites
13 minutes ago, Kayls said:

Hi everyone, any help would be appreciated. My US citizen fiance and I are preparing our I-129F form for the K-1.

 

As the beneficiary, I have been to the United States before, but I'm not currently there. What's the consensus on whether the petitioner needs to fill out question 38 a-h about my entry/stay in the US, considering that the form and the instructions contradict each other?

 

So far, we just have "beneficiary not in the US" written in and everything else left blank.

 

Additionally, there's a mistake on my latest I-94 form, some mix-up with passport numbers. Therefore, if we do have to answer question 38 and I have to provide my latest I-94 number, it's going to be an inaccurate reflection of when I last visited the US, which I know could cause a problems... which is why I'm hoping I can skip it altogether. So my questions are:

 

1 a) do we have to answer question 38 if I am not currently in the US? (I know this must have been asked a million times.)

b) Did you leave it empty and get approved?

 

2 a) If I do have to answer it, what do I do about the mistake on my I-94? It appears you have to get it corrected in person in the US, which isn't practical for me.

 

Thanks for the help.

Go with the form.  Well known conflict 


YMMV

Share this post


Link to post
Share on other sites

You have to. get your I-94 corrected at a CBP Deferred Inspection Station in the US. Yes, it sounds like a PIA.   Otherwise, you technically will be falsely representing yourself on the application and should USCIS do some checking, which they may do, the consequences could dire.

 

It your application and your visa future.

 

Good luck on your immigration journey.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Share this post


Link to post
Share on other sites
3 hours ago, Kayls said:

Hi everyone, any help would be appreciated. My US citizen fiance and I are preparing our I-129F form for the K-1.

 

As the beneficiary, I have been to the United States before, but I'm not currently there. What's the consensus on whether the petitioner needs to fill out question 38 a-h about my entry/stay in the US, considering that the form and the instructions contradict each other?

 

So far, we just have "beneficiary not in the US" written in and everything else left blank.

 

Additionally, there's a mistake on my latest I-94 form, some mix-up with passport numbers. Therefore, if we do have to answer question 38 and I have to provide my latest I-94 number, it's going to be an inaccurate reflection of when I last visited the US, which I know could cause a problems... which is why I'm hoping I can skip it altogether. So my questions are:

 

1 a) do we have to answer question 38 if I am not currently in the US? (I know this must have been asked a million times.)

b) Did you leave it empty and get approved?

 

2 a) If I do have to answer it, what do I do about the mistake on my I-94? It appears you have to get it corrected in person in the US, which isn't practical for me.

 

Thanks for the help.

You should go ahead and file your application. At the adittional I for section 8...explain clearly what the discrepancy is on your I-94 and attached you current I-94 and travel history. USCIS won't deny your petition because of mistakes you didn't make but they will deny it if they sense fraud. It's no news that I-94 is not super accurate and they know it. 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...