Describe the actual ownership and any real transfer or shared arrangement. Marriage alone is not a reason to rewrite the source history under one person’s name.
Keep source ownership and derivative status separate
A qualifying spouse and unmarried children under 21 may seek derivative status subject to individual requirements and applicable age rules. Those family rules do not establish ownership of cash or eliminate the principal’s lawful-source showing.
A spouse and unmarried children under 21 are included as derivatives and receive conditional permanent residence with the investor, with their conditions removed on the same later petition. An unmarried child under twenty-one at the relevant date can be included, and the child-status protection rules may preserve that eligibility during processing. Remove the investor, spouse, and children from the job-creation count before testing the staffing plan. Treat the principal investment record and each derivative’s family record as connected but different evidence sets. Derivatives receive permanent-resident status on the same terms as the investor and may work and study without further authorization once admitted; that is a genuine difference from the nonimmigrant categories, and it is one reason families choose this route despite the wait.