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PILOT BUTTE · NOT EVERYONE DERIVES

A common-law partner and an adult daughter: who can come, and on what

USAvisa field guide · 3 minute readReviewed 7 September 2026

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THE SHORT ANSWER

Hypothetical example: a Pilot Butte millwright has accepted a U.S. transfer with his employer on L-1B. He has lived with his partner for twelve years without marrying, and his daughter from an earlier marriage is 23 and works as a dental assistant. Neither can derive status from him. U.S. dependent status requires a legally valid marriage, and Saskatchewan's recognition of common-law relationships does not create one; a child must be unmarried and under 21. The household's plan has to give each of them a route of their own, or change the facts by marrying before the move.

01

Why the partner is not a spouse

Dependent categories such as L-2, TD and E-2 dependant extend to the spouse and to unmarried children under 21. Spouse means a party to a marriage that was legally valid where it was celebrated and is recognized for immigration purposes. Provincial common-law status, however long-standing, confers rights under Saskatchewan law but is not a marriage. A partner may sometimes be admitted as a visitor to accompany the principal for extended periods, but that status permits no work and must be maintained through departures and re-admissions. The straightforward fix is to marry before the move; an L-2 visa or admission for a spouse follows the marriage certificate, and the L-2 spouse may work incident to status.

02

The adult daughter's own options

At 23 she cannot be a dependant of her father under any nonimmigrant category, and there is no age protection outside immigrant cases. Her route must be her own. Dental Assistant is not an Appendix 2 profession, so TN is unavailable unless she qualifies for a listed occupation on her own credentials. A student visa is possible if she enrols in a program, with limited on-campus work. If she later marries a U.S. citizen or resident, family sponsorship becomes possible. The practical conversation is whether she wants to move at all, and if so whether study is a realistic bridge. Her father's L-1B, and any later immigrant petition by his employer, will not carry her.

03

Sequencing the household

If the couple decide to marry, do so before the L-1 petition is filed so that the L-2 application can proceed together with his; a marriage after his admission still works, but she then applies separately. Bring the marriage certificate, and, if either has been married before, the divorce or death records ending the earlier marriage. She should confirm any professional licensing she will need to use her L-2 employment authorization. The daughter's plan runs on a separate track with its own timeline. Keep in mind that L-1B is capped at five years and is not itself a permanent-residence route; if the family's long-term goal is residence, that question should be raised early, because an immigrant petition filed for him would still not include the daughter.

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