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NOTRE-DAME-DE-L'ÎLE-PERROT · EB-5 FIELD GUIDE

Can my spouse choose one project while I rely on the other within the same family petition?

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THE DIRECT ANSWER

Do not assume two independently chosen investments become one family case. Clarify who is the principal investor, the arrangement supporting that petition and whether anyone proposes a separate principal application.

Define family roles before combining paperwork

A qualifying spouse and unmarried children under 21 may seek derivative status subject to individual eligibility and applicable age rules. Derivative status does not make a different investment the basis of the principal’s petition merely because the investor is married.

Record birth dates, petition history and the intended family arrangements accurately. The immigrant investor classification extends to the investor's spouse and to unmarried children under twenty-one, who receive the same conditional permanent residence and are included in the later removal of conditions. Immigrant-visa derivatives enter with or after the principal; a project’s administrative support does not waive these conditions. Include each family member's age and objectives from the outset; a payment or a filed petition does not, by itself, freeze a child's age, and CSPA and other timing rules need individual assessment. Age is assessed under the applicable rules rather than simply on the calendar, and a child who no longer qualifies needs a separate route, so the ages of older children should be reviewed before filing.