Beneficiary previously visited as a tourist

[Aaron101 2]

I'm filling out the I-129F form now. 

 

My beneficiary has been to the United States five times as a tourist, including three times to visit me. 

 

Since my beneficiary is not CURRENTLY in the United States, it would seem that I don't have to fill out items 38 a - 38 h.

 

But the INSTRUCTIONS page seems to say that I do need to fill out that part.  

 

The instructions page says:
 

Quote

 

Part 2: Information about your beneficiary:

Item Numbers 37. - 38.h. Form I-94 Arrival-Departure Record. Select the box to indicate whether your beneficiary has ever been in the United States. Provide the date of your beneficiary’s most recent entry in the United States, his or her I-94 Arrival-Departure Record Number, if available, and his or her immigration status at the time of arrival (for example, student, tourist, temporary worker, without inspection). Provide the expiration date and identification numbers on the I-94 or I-95 Arrival-Departure Records, travel documents, and or passports.

 

But the actual form says:

Quote

If your beneficiary is currently in the United States, complete item numbers 38 a - 38 h. 

 

Thanks!

Aaron.
 

[Just Paul 4,591]

Literally follow the instructions.

[Aaron101 2]

WHICH instructions should I literally follow?  One set of instructions says to fill that part out, and the other set says not to! 

[Just Paul 4,591]

2 minutes ago, Aaron101 said:

WHICH instructions should I literally follow?  One set of instructions says to fill that part out, and the other set says not to! 

37 - check Yes

38 is not applicable - not in the US

[Aaron101 2]

OK thanks!

[Entheos 95]

You could also supply your beneficiaries i94 travel history when you submit your packet.  That gives a clear representation of visits over the last 5 years and how long they stayed...

 

https://i94.cbp.dhs.gov/I94/#/history-search