My sister filed petition in 2005 for me, my wife and kids.

My daughter moved to Canada in 2015 for studies and she is on work permit right now. She is also living with her boyfriend from last two years legally (common law); they do their taxes together and everything.

We just submitted our civil documents and waiting for interview. My question is would she also qualify for green card? She is not married (24 years old) but she is common law.

  • FWIW, in Canada even de jure married couples file separate tax returns, though married and common law partners will mention their spouses on their own tax return and can sometimes share tax credits or deductions between them. I'm pretty positive, however, that for US immigration law purposes a common law relationship is not considered a marriage at all, though whether she would otherwise qualify to immigrate with you I know not.
    – Dennis
    Jun 15, 2021 at 21:36
  • Are you asking about getting permanent residence in Canada or a green card in the US? Canada certainly considers part of the "family" of her boyfriend for purposes of immigration to Canada. Jun 17, 2021 at 0:34
  • I am asking if she would be able to come to usa with us??? Only unmarried children under the age of 21 can go with their parents. She is not married but she is in common law. So i am not sure how it works when child is in common relationship.
    – Jiyaa
    Jun 17, 2021 at 15:16
  • You said she's 24 years old. If "only unmarried children under the age of 21 can go with their parents..." it appears you've answered your own question. Even if she is considered "unmarried," she's older than 21 and doesn't qualify. Jun 17, 2021 at 17:59
  • Yes, but they use CSPA formula to calculate child’s age. According to which she is eligible age wise.
    – Jiyaa
    Jun 17, 2021 at 18:25


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