14 years after i130 approved and immigration judge dismissed deportation process

[Bassisto 0]

2 hours ago, Dashinka said:

How long have you been legally separated?  I agree with the others, the basis for AOS is no longer there, but I suppose you can always try.

 I never being separated legaly. never signed any documents, I just moved from west cost to NY  couse of my job... but , being far take tolls on marriage...I  started to pay child suport, and other bills. Since begining and  still paying her Mobil phone and other  bills..

[Boiler 47,673]

4 minutes ago, Bassisto said:

 I never being separated legaly. never signed any documents, I just moved from west cost to NY  couse of my job... but , being far take tolls on marriage...I  started to pay child suport, and other bills. Since begining and  still paying her Mobil phone and other  bills..

And?

[Crazy Cat 44,857]

On 8/5/2025 at 8:42 AM, Bassisto said:

We separated and lived our own lives.

Still separated?

[appleblossom 4,647]

1 minute ago, Bassisto said:

 I never being separated legaly. never signed any documents

 

What documents would you sign for a separation? Alimony and child support aren't relevant, in fact they hurt your case and don't help it (if you were still happily married you wouldn't be paying them). If you're separated then you have no grounds to adjust. If you tried, then you'd need to prove it's still a bonafide marriage, doesn't sound like you could do that. 

 

What do you do for work? Wondering if there is a route to a visa through that instead of your ex. 

Edited August 6 by appleblossom

[Ontarkie 14,973]

11 minutes ago, Bassisto said:

 I never being separated legaly. never signed any documents, I just moved from west cost to NY  couse of my job... but , being far take tolls on marriage...I  started to pay child suport, and other bills. Since begining and  still paying her Mobil phone and other  bills..

Are you two only separated for work? Do you visit her and the kids and still sleep under the same roof? Does she visit with the kids at your place too?

[Lil bear 4,598]

14 minutes ago, Bassisto said:

what the  fine print

That just being legally married is not the only requiremrnt. You must have documented evidence that the marriage is  an active ongoing marital union. Living apart, paying child support, and “ Getting on with our  lives” are not  words that describe an active legitimate ongoing martial  relationship 

 

But its your choice .. as it always has been .. wishing you luck. I’m out . 

 

 

[Crazy Cat 44,857]

5 minutes ago, appleblossom said:

Wondering if there is a route to a visa through that instead of your ex.

That could be an issue if he is "stateless".....or is there a work around?

Edited August 6 by Crazy Cat

[Lil bear 4,598]

1 minute ago, Crazy Cat said:

That could be an issue if he is "stateless".

Also he is in the US already and needs to adjust status .. and deal with extensive unauthorised work and overstay.. to be eligible for a visa he would have to be not in the US. .. and having  already had a deportation order against him. .. Not exactly a simple task 

[Bassisto 0]

3 hours ago, Boiler said:

Reminds me of a friend whose children are getting their Passports sorted, from behind what was the Iron Curtain, well Yugoslavia never was Tito played both ends against the middle.

 

Keeps on saying they are getting their Citizenship, nope they are citizens just do not have the documents.

 

Hopefully the OP has a very good Lawyer. seems he is looking to adjust via his separated? spouse who will need to sponsor him, show validity of current marriage etc.

  Well you jugoslawia has not existed since 1990  . iT split into 7 state independent countries. I'm not a citizen of Serbia though I still have an original  yugoslavian  passport with a port of entry  .. Because I was not there and I never registered as a Serbian citizen .It took a few months to search and nope i'm not a Serbian citizen. because I was born in Kosovo but lived in Serbia all my life . When the Serbian military withdrew from Kosovo  all documents were gone... I searched not Kosovo not  Serbia has me in their citizens file.

 

 Yes, that's what I think .I need to talk to my wife about this  again .

List You  helped me . I just hate when LAwyers tell me  don't worry you will be Ok and slap me with a $3,000 bill to start the process again .

 

[Bassisto 0]

7 minutes ago, Lil bear said:

Also he is in the US already and needs to adjust status .. and deal with extensive unauthorised work and overstay.. to be eligible for a visa he would have to be not in the US. .. and having  already had a deportation order against him. .. Not exactly a simple task 

Did you read above Deportation is dismissed  i130 is aproved ... you saying this does not help.

[Bassisto 0]

16 minutes ago, Lil bear said:

That just being legally married is not the only requiremrnt. You must have documented evidence that the marriage is  an active ongoing marital union. Living apart, paying child support, and “ Getting on with our  lives” are not  words that describe an active legitimate ongoing martial  relationship 

 

But its your choice .. as it always has been .. wishing you luck. I’m out . 

 

 

Thank you

 

[Lil bear 4,598]

Just now, Bassisto said:

Did you read above Deportation is dismissed  i130 is aproved ... you saying this does not help.

Correct. It was dismissed because you were at that time following a legal means of adjusting your status by having an approved i 130’ based on marriage. Failing to go through with the I485 makes the foundation for dismissing the deputation order null and void .. so you go back to the previous condition.. deportation. . 

[Boiler 47,673]

Hardly uncommon well the UK does not have a Citizen file, nor I think does the US, lots of border changes following WW2, anyway I guess that is beyond the current no way of adjusting discussion 

[appleblossom 4,647]

19 minutes ago, Crazy Cat said:

That could be an issue if he is "stateless".....or is there a work around?

 

No, no work around, he'd have to sort that, but he's going to have to do that no matter what. He can't get any kind of visa/green card without documentation to prove his citizenship/identity.

 

I doubt employment based would be an option, not least because he'd need a waiver for his overstay, but depending on his job it may be worth exploring as it seems the spouse route is out. 

[appleblossom 4,647]

6 minutes ago, Bassisto said:

Did you read above Deportation is dismissed  i130 is aproved ... you saying this does not help.

 

An approved I-130 gives you no right to stay, and you have no basis for adjustment, so any previous dismissal isn't relevant - you are absolutely at risk of deportation right now.