Examine the actual rights attached to the shares and money. Equal ownership does not necessarily mean every distribution belongs equally to both spouses. Document the investor's right to use the capital and any consent, gift, or loan that actually applies, without manufacturing a spousal transfer.
Consent on paper, eligibility on its own terms
A couple with half the shares each plans a US$1,050,000 contribution. Share classes, resolutions, and rights to the payment help establish who is entitled to it. The family case also has its own requirements: a spouse and eligible unmarried children may seek derivative status, subject to age, applicable CSPA rules, and admissibility. Co-ownership does not resolve those questions.
Derivative eligibility depends on the relationship and on the child being unmarried and under 21, and these processes are long enough that a child who plainly qualified when the file was opened may not when it is decided. Full-time generally is 35 hours a week, with investor, spouse and children excluded as qualifying workers; direct and regional-center methods differ. The investor's country of chargeability determines the Visa Bulletin wait, and the wait for a visa number is not subtracted from a child's age under the Child Status Protection Act. Put every family member on an age and document calendar before treating the residence path as a single household event.