Advice for Question: If your beneficiary is currently in the United States, complete Item Numbers 38.a. - 38.h. Edition 03/21/2022

[jolive2025 1]

I am applying for my fiance as a beneficiary.   My fiance was in the US a few years ago on a I-20 Student Visa but is not currently residing in the US now. 

 

On form i-129f Edition 03/21/2022 it states that, 

Quote

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

 

 

Questions:

38. He or she last entered as a (for example, visitor, student, exchange alien, crewman, stowaway, temporary worker, without inspection):

 

38.e. Passport Number:

 

38.g. Country of Issuance for Passport or Travel Document:

 

38.h. Expiration Date for Passport or Travel Document (mm/dd/yyyy):

 

 

My fiance is not currently in the United States, do I leave blank Item Numbers 38.a.-38.h.? My fiance was in the US on a Student Visa before (I-20) and I do have passport information.

 

Edited March 13 by jolive2025

[JeanneAdil 6,203]

fiancee not in US ,  

SKIP 38 and all the sections

do not put a local US office

fiancee needs to interview in home country 

she is not here and not adjusting status

 

adding anything here will cost you delay and money to correct late and correct the problem 

[jolive2025 1]

hi JeanneAdil,

 

Appreciate your feedback.  I had mixed and conflicting information from online videos and others sources. Some say to fill-in as much info as you have available and others state to keep it as simple as you can.

 

Reading back, I will follow the script and follow questions 38.a.-38.h. as presented. Even though my fiance has been in the US before in with a Student Visa, would I leave this information out? 

[jolive2025 1]

hi JeanneAdil,

 

Appreciate your feedback.  I had mixed and conflicting information from online videos and others sources. Some say to fill-in as much info as you have available and others state to keep it as simple as you can.

 

Specifically, I was referring to the time on this YouTube Video and section.  YouTube K1 i-129f form

 

Reading back, I will follow the script and follow questions 38.a.-38.h. as presented. Even though my fiance has been in the US before in with a Student Visa, would I leave this information out? 

[OldUser 4,827]

13 minutes ago, jolive2025 said:

hi JeanneAdil,

 

Appreciate your feedback.  I had mixed and conflicting information from online videos and others sources. Some say to fill-in as much info as you have available and others state to keep it as simple as you can.

 

Reading back, I will follow the script and follow questions 38.a.-38.h. as presented. Even though my fiance has been in the US before in with a Student Visa, would I leave this information out? 

The questions are for people currently in the US.

 

If she's overseas, this section doesn't apply.

 

 

[jolive2025 1]

Thank you, OldUser. 

3 minutes ago, OldUser said:

The questions are for people currently in the US.

 

If she's overseas, this section doesn't apply.

 

 

 

Thank you both for your comment. 

[AndiB 655]

30 minutes ago, jolive2025 said:

hi JeanneAdil,

 

Appreciate your feedback.  I had mixed and conflicting information from online videos and others sources. Some say to fill-in as much info as you have available and others state to keep it as simple as you can.

 

Reading back, I will follow the script and follow questions 38.a.-38.h. as presented. Even though my fiance has been in the US before in with a Student Visa, would I leave this information out? 

what the form/instructions say should be followed over whatever a guide says. It clearly states if they are **currently** in the US. You clearly know she is not, the question is not 'has she ever visited?'.
Fill in based on instructions on the form or from supplementary info and if you have questions, look at a guide. Do NOT follow a guide over what the instructions are clearly asking of you. Is she in US currently is a simple Yes/No question, there's no trick you're missing.

[jolive2025 1]

44 minutes ago, AndiB said:

what the form/instructions say should be followed over whatever a guide says. It clearly states if they are **currently** in the US. You clearly know she is not, the question is not 'has she ever visited?'.
Fill in based on instructions on the form or from supplementary info and if you have questions, look at a guide. Do NOT follow a guide over what the instructions are clearly asking of you. Is she in US currently is a simple Yes/No question, there's no trick you're missing.

 

Noted and much appreciated AndiB

[JeanneAdil 6,203]

1 hour ago, jolive2025 said:

hi JeanneAdil,

 

Appreciate your feedback.  I had mixed and conflicting information from online videos and others sources. Some say to fill-in as much info as you have available and others state to keep it as simple as you can.

 

Reading back, I will follow the script and follow questions 38.a.-38.h. as presented. Even though my fiance has been in the US before in with a Student Visa, would I leave this information out? 

but not here now 

if USCIS thinks she is here by adding US address or USCIS office , it will cost u over $400 to do I 824 to have the case sent to her country US embassy

Happened to others on here and it also delays the case again by several months

 

there will be a question later in form(s) about her past visa and time in US

you can put her SS #

[jolive2025 1]

46 minutes ago, JeanneAdil said:

but not here now 

if USCIS thinks she is here by adding US address or USCIS office , it will cost u over $400 to do I 824 to have the case sent to her country US embassy

Happened to others on here and it also delays the case again by several months

 

there will be a question later in form(s) about her past visa and time in US

you can put her SS #

 

Thank you, this is very helpful.  I would put her past VISA info in later forms and not i-129F correct?

[jolive2025 1]

Something doesn't make sense here. On the tips for filling : https://www.uscis.gov/sites/default/files/document/forms/i-129finstr.pdf 

 

On page 5, it states that, "...Select the box to indicate whether your beneficiary has ever been in the United States. "

Quote

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. See the What Evidence Should You Submit section of these Instructions for additional information.

 

On page 6 of the I-129f form, it states that, "If your beneficiary is currently in the United States, complete Item numbers 38.a.-38.h.

 

According to the filling tips, I should provide the this information. But, the form is asking for is my beneficiary is currently in the United States.

 

Which is which?

[OldUser 4,827]

37 - yes

38.a - 38.c leave blank

 

That's what I would do.

[jolive2025 1]

12 hours ago, OldUser said:

37 - yes

38.a - 38.c leave blank

 

That's what I would do.

@OldUser thank you. The stress of gathering had gotten the best of my jitters. I seriously over read too much. (haha)

[JeanneAdil 6,203]

37 yes

38 no ,  its for someone in US

also,  later , you will indicate stay and time on  the ds 160 along with I 94 information for entry and departure