The derivative route depends on an eligible principal case; it does not independently produce approval if that basis fails. This does not decide every other route or authorization the spouse may already hold. With two principal applications, refusal is not automatically imputed to the other, but its reasons and shared facts need examination.
How dependence differs between derivative and independent cases
An unmarried child under 21 joining a principal adds US$15,000 and US$1,000,000, and joins one parent's case under the family instructions rather than being counted twice. Inclusion still requires a qualifying relationship and eligibility — it is not simply a household preference. Once a family member has actually been admitted as a permanent resident, later changes in age or marital status do not automatically cancel that status; a pending case is a different situation.
Build a dated review file around each person's passport, relationship evidence, age, separate immigration facts, and the current per-person official terms. After successful vetting, current terms request a US$2 million gift for a corporate-sponsored principal; the corresponding individual-principal gift is US$1 million, and eligible included relatives have separate published amounts. Do not assume they mirror the derivative rules of other categories: EB-5 includes a spouse and unmarried children under twenty-one as derivatives, and the nonimmigrant categories each have their own dependant rules.