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LÉRY · EB-5 FIELD GUIDE

Does my spouse’s separate reserve for living expenses strengthen the required investment amount?

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THE DIRECT ANSWER

Household savings are not automatically capital invested in the enterprise. Keep available living funds distinct from the applicant’s qualifying contribution.

Preserve a workable household budget

A qualifying spouse and unmarried children under 21 may seek derivative status subject to their own requirements and applicable age rules. Their ability to cover living expenses does not confer immigration status or eliminate the principal’s investment requirements. Hypothetical example: a household in which one spouse works as a mine-reclamation planner keeps a separate savings account intended to cover two years of living costs while the petition is pending.

Keep that account out of the investment narrative entirely, and out of the invested total. Confusing the two understates the household's reserves and overstates the qualifying capital, and both errors create work later. Set out the family's position on one page: who is the principal, who would seek derivative status, each person's age and marital status as at today, and which dates could change any of those during the process.

A qualifying spouse and unmarried children under 21 may seek derivative status subject to their own requirements and applicable age rules, and each derivative's eligibility is assessed individually. Plan the living budget on the assumption that the invested capital is unavailable, because capital that is genuinely at risk is not a household reserve. Where a derivative would need to travel separately or later, raise that early, since the practical steps and the evidence each person carries can differ.