Do not assume an approved petition can be transferred between spouses. Review the proposed change and required process for the person who would become the investor.
Keep the family roles tied to the actual case
A qualifying spouse and unmarried children under 21 may have derivative eligibility, subject to their own requirements and applicable age rules. Derivative eligibility is not proof that the spouse independently satisfies the investor requirements or inherits the principal’s approval.
An eligible spouse or child needs the relevant immigration steps and individual admissibility review; investment payment is not status. The receipt notice extends residence while the petition is pending, and adjudication can take a long time, during which the family may travel with the receipt and the expired card. Spouse and unmarried children under twenty-one are derivatives and obtain conditional residence at the same time, which is the main practical difference from every nonimmigrant route on this site: the family receives permanent residence rather than dependant status tied to someone else's job. CSPA can affect the calculation, but a child's age is not simply frozen by making the investment or filing the petition; visa availability and other conditions also matter. Family members who qualify receive two-year conditional residence with the investor, and removal of conditions proceeds through Form I-829.