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SAINTE-ANNE-DE-LA-PÉRADE · WHO COUNTS AS FAMILY

Who counts as family: a TN instructor, a de facto partner and the partner's child

USAvisa field guide · 3 minute read Reviewed 7 September 2026

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THE SHORT ANSWER

Hypothetical example: a Sainte-Anne-de-la-Pérade college instructor accepts a two-year TN post at a U.S. community college. She lives with her partner of nine years, a licensed practical nurse, and his twelve-year-old daughter from an earlier relationship. They have never married, which is decisive for U.S. immigration. TD status is for a spouse and unmarried children under 21 of the TN principal; a de facto partner is not a spouse, and the partner's child is not her stepchild. This guide sets out the household's real options before anyone resigns from a job.

01

The TD definition is marriage, not cohabitation

The TN regulation admits the spouse and unmarried minor children of the professional in TD status. U.S. immigration law recognizes a spouse only through a legally valid marriage; a Québec de facto union, however long, is not one. Her partner therefore cannot be admitted in TD status on the strength of their relationship, and his daughter cannot either, because a stepchild relationship in U.S. immigration law also arises only through a marriage, and only if the marriage occurred before the child turned 18. If the couple marries before the move, all of this changes: he becomes her TD spouse and, because the child is twelve, the daughter becomes her stepchild and a TD dependant as well. Marriage is the couple's own decision, but its immigration effect should be understood.

02

The unmarried partner's honest alternatives

State Department guidance recognizes cohabiting partners of long-term nonimmigrants as potential B-2 visitors, subject to the residence-abroad and no-work conditions and admission periods that may need extension. It permits presence, not employment, and each applicant must independently qualify for B-2 classification. As a licensed practical nurse he cannot use TN, because the listed profession is Registered Nurse; licensed practical nursing is not on the list. His independent routes are a U.S. employer's petition in a classification open to any nationality, further education in student status, or qualifying as a registered nurse with the required credential and licensure and then applying for his own TN. His daughter would need her own B-2 visa and admission if she accompanies him; B-2 has no derivative status, and her schooling must be assessed under the rules for the status she actually obtains.

03

What each person may do on arrival

If they marry: he holds TD status, may study, including nursing coursework, and may not work; the daughter attends school in TD status; both statuses end when the instructor's TN ends, and the daughter's would end at 21 in any case. If they do not marry: the instructor enters in TN status alone or with the partner as a B-2 visitor, and the household budget rests on her college salary. In neither case may he take shifts at a U.S. care facility. The instructor's own file should not mention the partner beyond what is asked, because his status is a separate question with its own application. Plan school enrolment, health insurance and travel dates for each person on the status that person will actually hold.

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