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MCMASTERVILLE · EB-5 FIELD GUIDE

What should we reconcile if different documents name different spouses as investor?

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THE DIRECT ANSWER

Compare the subscription, ownership, contribution and immigration records and determine what each document actually establishes. Explain or properly correct inconsistencies.

Do not solve a substantive difference with a label

A contact designation and ownership of the investment are different. If the record reflects a real change of investor rather than a clerical mistake, have the necessary investment and immigration steps assessed before presenting it as corrected paperwork.

Ask the enterprise for dated, executed copies: the subscription agreement, the amendment, minutes or written consents, the capital account statement and any side letter. Gather purchase statements, acquisition funding, tax documents, ownership history, sale confirmation and transfers to the new commercial enterprise. Start with the investor’s own evidence: tax records, sale documents, loan agreements, gift records and bank statements should tell one continuous source-and-path story. Foreign-language documents need certified translations, and any currency conversion should be shown with both sides' statements. The offering documents cannot establish a lawful source of money, and personal bank statements cannot establish project job creation. Where a family corporation holds the assets, add the corporate records showing the shareholders and how the corporation distributes the proceeds to the individual investor, since the investor, not the company, is the petitioner.