Question about I-94 in I-129F Packet

[Alex and Nick 8]

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?

[USS_Voyager 1,971]

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

[Alex and Nick 8]

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.

[Pitaya 2,576]

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/

[payxibka 10,044]

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 

[payxibka 10,044]

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 

[payxibka 10,044]

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

[Alex and Nick 8]

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)?

[payxibka 10,044]

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

[Alex and Nick 8]

2 minutes ago, payxibka said:

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

Thank you!

[debbiedoo 2,339]

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 November 10, 2019 by debbiedoo

[Alex and Nick 8]

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!