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[US] Seemingly contradictory instructions in the form to file an I 129-F
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Lowbacca1977 is in US
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So, I'm having some issues here because USCIS refuses to clarify what appears to be a contradiction on the form and I can't afford to drive 7 hours for a one sentence answer from a field office.

I'm trying to fill out the I 129-F myself, and in filling out the information for my beneficiary, there's a section that asks if she's ever been to the United States, items 37-38h. According to the I-129F form itself, I am supposed to fill out items 38a-38h if she is currently in the United States
"If your beneficiary is currently in the United States, complete items 38a-38h."

However, the style sheet instructions say the following:
"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). "

In the style sheet instructions, it seems to say that I need to put the information for my beneficiary's most recent visit to the United States, whether or not she is currently in the United States, as the instructions do not have any statement saying that this is conditional on her being in the United States currently.

I've been on the phone a few times with USCIS and the support line for questions has said they can't tell me if I'm supposed to follow the instructions as they are written on the form, or as they are written on the style sheet, and the best they've done is refer me to services that they don't run that provide immigration assistance, but only for select categories of immigration, or say that I'd need to make an appointment over 3 hours away to ask this question at a field office (I'm in Nashville, TN, and they're telling me I have to drive to Memphis to ask this)

Any help is greatly appreciated, as this is an extremely simple point, it seems, that I just need to know which set of instructions I'm supposed to follow to continue filling out the paperwork.

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7 years ago