Legal Question in Immigration Law in Florida

I lived in a stable relationship with a legal resident for 3 years and 4 months, who was the reason for me coming to U.S. and stayed since he asked me to marry him. Saying that i would not have problems because after he obtains the citizenship i could adjust my immigration status.

At the time we lived together, he was the only provider, while i was a stay home mom of the two children, fruits of our relationship, who are americans.

Over the weekend, he ended our relationship and last monday, my partner left home without warning and not returned. In the next day, he came home just do get his belongings.

Today, i find myself in the following situation:

- Unable to drive and stuck at home with two kids who are under 2 years old, since i don't have driver's license and he took the car, which is in his name, but is been paid with the money that my mother send me every month from Brazil;

- Unable to work because i don't have work permission and social security and the only money i have to keep me and the kids with food, is this money that i mentioned before that my mom is sending to me every month, because he said that now, he can't be the provider anymore cause he's living in his friend's house and has other bills to pay.

My questions are:

- There is anyway that if he becomes an american citizen, i can apply to become a legal resident without even having gotten married, but had a stable relationship with two kids and he always introducing me as his wife?

- There is anyway i can get a work permission and a driver's license, since he warned that he will not be able to support us and he is trying to intimidate me and trying to force me to return to Brazil with our kids?

i really need answers so i can take action as soon as possible, i'm really worried about my kid's future.


Asked on 8/18/10, 7:14 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Florida is not one of the common law marriage States. If you lived only in FL and have never been legally married, or never established "common law marriage" in the jurisdiction which recognizes common law marriages -- you have no chance to get a Green Card through your ex-boyfriend.

No, it doesn't seem that you have a basis to apply for a work permit (as it always dependent on some sort of underlying petition - for example, I-485 or I-360).

Unfortunately, the federal VAWA law which helps abused women who are MARRIED to abusive US citizens or permanent residents doesn't help you IF you are not married to him, had never been married to him in the past 2 years, and is there have been no abuse and domestic violence.

I suggest you consult a knowledgeable immigration lawyer (not a 'specialist' or 'notario').

All the best!

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Answered on 8/23/10, 9:06 pm


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