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CALIXA-LAVALLÉE · E-2 FIELD GUIDE

Can my spouse stay in Canada while I commute to the business?

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THE DIRECT ANSWER

Family members are not required to relocate simply because the investor does. An eligible spouse and unmarried children under 21 may seek dependent status if they later join, with individual records and eligibility review. If the spouse will work in the United States, check qualifying E spouse status and evidence or another valid authorization for the actual work.

Match each family member's status to their own plan

Distinguish visits from the family’s intended US residence and any work. Keep each person’s admission and schooling plan current as trips change. E dependent status itself gives children no work permission. If the spouse and children later remain in the United States while the principal travels, review how the actual principal status and qualifying role support their position rather than assuming separate travel records make the cases independent.

If capital arrives in stages, the business start may shift, and family steps have their own processes and no shared guaranteed dates. The principal should document treaty nationality, qualifying ownership, irrevocably committed capital exposed to commercial risk, substantiality, and a real non-marginal enterprise. A spouse, by contrast, is employment-authorized incident to status, so the second adult in the household usually has options the eldest child does not.