PR since 91, out 1+ yr, N400 or abandonment ? complicated

[vjjv 0]

Hello,

I have a complicated case, sort of. I really need some help.

I am a PR since 91.

I was out sometime from 95-99 (not sure about the exact dates)(no passport available due to loss)

Came back in 99 with my GC (no questions asked at POE)

Traveled several times a yr from 99 - 2003 (only one trip lasted 8 month, all other 4-8 weeks)

Here since 2003 - present

I want to do the N400 but am scared that I may have abandoned my status.

I do have my greencard and i did renew it a few yrs back.

I did a FOIA but it came back with NO info whatsoever. Not one single trip.

How can I obtain my travel dates ?(no skymiles) If it doesnt show on the FIOA, where can I find those then?

Since I am here since 2003 and it is now 2010, does this mean resetting my clock

or do I have to worry that I have abandoned my status way back then?

Your help is highly appreciated.

Oh, I do remember that some of my travels have not even been stamped in my passport. (USA - Swiss)

I do not remember all dates.

I also traveled from the USA to MX to Swiss and back.

Traveling from USA to MX my passport was never looked at. Just flashed my GC and that was it.

I dont have a stamp leaving MX neither a stamp arriving Swiss.

I am sorry for so many question. I am just happy that I found this site and maybe get a little input

Thanks and you all have a great day.

Edited August 31, 2010 by vjjv

[milimelo 4,413]

Hello,

I have a complicated case, sort of. I really need some help.

I am a PR since 91.

I was out sometime from 95-99 (not sure about the exact dates)(no passport available due to loss)

Came back in 99 with my GC (no questions asked at POE)

Traveled several times a yr from 99 - 2003 (only one trip lasted 8 month, all other 4-8 weeks)

Here since 2003 - present

I want to do the N400 but am scared that I may have abandoned my status.

I do have my greencard and i did renew it a few yrs back.

I did a FOIA but it came back with NO info whatsoever. Not one single trip.

How can I obtain my travel dates ?(no skymiles) If it doesnt show on the FIOA, where can I find those then?

Since I am here since 2003 and it is now 2010, does this mean resetting my clock

or do I have to worry that I have abandoned my status way back then?

Your help is highly appreciated.

Oh, I do remember that some of my travels have not even been stamped in my passport. (USA - Swiss)

I do not remember all dates.

I also traveled from the USA to MX to Swiss and back.

Traveling from USA to MX my passport was never looked at. Just flashed my GC and that was it.

I dont have a stamp leaving MX neither a stamp arriving Swiss.

I am sorry for so many question. I am just happy that I found this site and maybe get a little input

Thanks and you all have a great day.

Filed taxes during that long absence, had an address in the States? They may use that to determine if you were resident or not.

You may want to consult with an immigration attorney before filing N400 - regarding years prior to 2003 but from 2003-2010 you should be all set - have enough years in residence for N400.

[vjjv 0]

Filed taxes during that long absence, had an address in the States? They may use that to determine if you were resident or not.

You may want to consult with an immigration attorney before filing N400 - regarding years prior to 2003 but from 2003-2010 you should be all set - have enough years in residence for N400.

Well, yes taxes were filed but not sure about the address cause at that time my now exhusband was military.

(Ex and I are no longer have contact, I dont know his whereabouts)

Neither he or me have any paperwork about the taxes from the 90's.

I contacted IRS and they stated the following:

IRS TAX Returns are available for ONLY last 10 years.

IRS TAX Transcripts are available for 3 yrs plus current year.

I myself have all my original taxes from 2002-present.

Edited August 31, 2010 by vjjv

[milimelo 4,413]

Well, yes taxes were filed but not sure about the address cause at that time my now exhusband was military.

(Ex and I are no longer have contact, I dont know his whereabouts)

Neither he or me have any paperwork about the taxes from the 90's.

I contacted IRS and they stated the following:

IRS TAX Returns are available for ONLY last 10 years.

IRS TAX Transcripts are available for 3 yrs plus current year.

Was your long absence due to being deployed with your ex-husband? If so, no worries - being on deployment counts as being in the US (bases are considered US soil).

[vjjv 0]

Was your long absence due to being deployed with your ex-husband? If so, no worries - being on deployment counts as being in the US (bases are considered US soil).

Unfortunately it was not. He cheated on me while in USA so I went home and got stuck there. I always wanted to come back but wasnt able due to finances. I worked in Swiss for a few yrs but always with the intension to come back to USA.

One fine day I had enough money so I just went back with my GC.

At the POE they said nothing to me other then "How was your vacation and Welcome back"

They did NOT ask me how long I was gone.

[milimelo 4,413]

Unfortunately it was not. He cheated on me while in USA so I went home and got stuck there. I always wanted to come back but wasnt able due to finances. I worked in Swiss for a few yrs but always with the intension to come back to USA.

One fine day I had enough money so I just went back with my GC.

At the POE they said nothing to me other then "How was your vacation and Welcome back"

They did NOT ask me how long I was gone.

I'm going to guess you had one of the green cards without an expiration date - do you still have it or have you gotten a new one?

[Darnell 8,478]

you might be able to get some 'report', in person, at a CBP secondary inspection office. Nik has some links at http://www.visajourney.com/forums/topic/266072-aos-k-1-ssn-problem/page__p__4076334#entry4076334

Good Luck !

[vjjv 0]

First GC, 10 Yr expiration date I believe. (LOST GC)

Did I90 in 2002.

Showed USCIS my expired passport with I551 in order to show them that I am a PR.

Got I551 stamp in my new passport.

GC recieved with spelling error in 2002.

GC recieved with NO spelling error in 2005.

Have copy of expired and current passport, each with the I551. (Both passports are LOST due to move)

Also have SOME copies of the entry dates.

[Darnell 8,478]

what is current green card expiration date?

[vjjv 0]

what is current green card expiration date?

OK ,I just took a look and it will expire 2017. So that means I got my correct spelled GC in 2007 not 2005. Sorry about that.

GC will expire 2017.

[vjjv 0]

I heard that the FOIA is not always accurate. Should I do another one?

I know it takes a very long time to get it back.

The N400 itself takes lesser time then a FOIA. So how can USCIS check in a timly manner ?

[Darnell 8,478]

it is possible to get some 'entry/exit' dates at a Customs/Border Patrol Secondary Inspection Office.

see http://www.visajourney.com/forums/topic/266072-aos-k-1-ssn-problem/page__p__4076334#entry4076334

(click the link, have a read?)

[vjjv 0]

it is possible to get some 'entry/exit' dates at a Customs/Border Patrol Secondary Inspection Office.

see http://www.visajourney.com/forums/topic/266072-aos-k-1-ssn-problem/page__p__4076334#entry4076334

(click the link, have a read?)

Actualy, I called there and they stated that they are NOT able to give ANY information over th phone or in person.

They do NOT give out any info out side of CBP, not even to USCIS.

I asked her 2 times and she even connected me to some kind of boss and he stated the same.

(This was the MIAMI Office)

[Darnell 8,478]

how very strange.

well - here's some timeticks for you to evaluate, ya?

'current' green card issued in 2002.

LPR status maintained, for certain, since 2003, not leave USA borders since then.

'most recent' gc expires in 2017.

IMO, you've no abandonment issues and

you've met the 'current' 5 year rule to apply for US Citizenship.

[IncorrectPolitics 26]

I would still talk to an attorney before doing anything. You don't want to risk them saying that those few years you were away can cancel your green card. I have read some horror stories on here about unknowing people paying for the mistakes of USCIS and going through h3ll and back because of it.