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Alex and Nick

Question about I-94 in I-129F Packet

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23 minutes ago, Alex and Nick said:

Do we only need to provide an I-94 for the beneficiary if they are currently in the states?

I’m a little confused. Normally for K1, the fiance is in a different country hence the need for them to go to the US to get married. If your fiance is already in the US, you normally won’t do a K-1

 

24 minutes ago, Alex and Nick said:

Does the petitioner need to provide one?

By definition the petitioner of a K1 is a US citizen and therefore don’t have I-94s

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3 minutes ago, USS_Voyager said:

I’m a little confused. Normally for K1, the fiance is in a different country hence the need for them to go to the US to get married. If your fiance is already in the US, you normally won’t do a K-1

I'm asking because in the I-129F form it states, "If your beneficiary is currently in the United States, complete Item Numbers 38.a. - 38.h. but the instructions for the I-129F form are leaving us a little confused making it seem like we should provide one and complete that portion of the form even though I'm not currently in the U.S.

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27 minutes ago, Alex and Nick said:

Do we only need to provide an I-94 for the beneficiary if they are currently in the states? Does the petitioner need to provide one?

A copy of the I-94 will need to be provided later on with the I-485 AOS Application for processing. https://www.visajourney.com/content/k1k3aos/


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

"Si vis amari, ama" - Seneca

 

 

 

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53 minutes ago, Alex and Nick said:

I'm asking because in the I-129F form it states, "If your beneficiary is currently in the United States, complete Item Numbers 38.a. - 38.h. but the instructions for the I-129F form are leaving us a little confused making it seem like we should provide one and complete that portion of the form even though I'm not currently in the U.S.

Only if it in country,  follow the form,  instructions are not consistent 


YMMV

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53 minutes ago, Pitaya said:

A copy of the I-94 will need to be provided later on with the I-485 AOS Application for processing. https://www.visajourney.com/content/k1k3aos/

You didn't understand the question.   If the alien is in country at the time of filing the i129f, you provide the information 


YMMV

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1 hour ago, USS_Voyager said:

I’m a little confused. Normally for K1, the fiance is in a different country hence the need for them to go to the US to get married. If your fiance is already in the US, you normally won’t do a K-1

 

By definition the petitioner of a K1 is a US citizen and therefore don’t have I-94s

By definition,  if the alien is currently VISITING the USA,  they absolutely have an i94


YMMV

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4 minutes ago, payxibka said:

Only if it in country,  follow the form,  instructions are not consistent 

 

3 minutes ago, payxibka said:

You didn't understand the question.   If the alien is in country at the time of filing the i129f, you provide the information 

 

1 minute ago, payxibka said:

By definition,  if the alien is currently VISITING the USA,  they absolutely have an i94

Okay, perfect! So I don't need to provide one now or in the future then (ex. one from my recent visit)?

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2 minutes ago, Alex and Nick said:

 

 

Okay, perfect! So I don't need to provide one now or in the future then (ex. one from my recent visit)?

If you are not currently inside at the time of petition filing, you do not


YMMV

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if you are in canada you can get a record of their border crossings. a physical i 94 is not issued between canada and the us. we printed that out and had zero issues. with over 30+ visits, knowing exact dates he was here by memory was .... impossible.

 

https://i94.cbp.dhs.gov/I94/#/home

Edited by debbiedoo

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 131

04/19/2019    Rec'd appointment letter for biometrics

05/02/2019    Biometrics

05/15/2019    Submitted initial request for EAD expedite 5/22 faxed info

06/05/2019    EAD APPROVAL!!!!!!!!!!  06/06/2019    AP Approval

06/13/2019    Combo Card Received in Mail

06/19/2019    Social Security Card received in mail

10/07/2019     Received interview date letter for 11/7/19

11/07/2019     AOS Interview-Norfolk

11/10/2019     APPROVED (notification rec'd 11/10, approval dated 11/8)

11/14/2019     Case status update that card is in mail ❤️ received 11/16

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves from K1, then married, withdrew k1, decided to adjust directly and filed I-130 and AOS ourselves with no RFE's or delays.

 

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On 11/10/2019 at 1:45 PM, debbiedoo said:

if you are in canada you can get a record of their border crossings. a physical i 94 is not issued between canada and the us. we printed that out and had zero issues. with over 30+ visits, knowing exact dates he was here by memory was .... impossible.

 

https://i94.cbp.dhs.gov/I94/#/home

Already pulled the information from there just needed to know about needing to attach the I-94 which it turns out we don't but thank you!

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