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SAINT-PHILIPPE · E-2 FIELD GUIDE

Can a spouse's U.S. earnings be treated as part of the investment?

Sources checked:

THE DIRECT ANSWER

Lawfully earned wages can be a source of funds, but the actual transfer and commitment must be documented. Confirm the spouse’s work was authorized under the status or permission held at the time; valid qualifying E spouse status is one possible basis, not the only one. Then explain the spouse’s ownership of the money and how it became available for the investor’s contribution.

Check status first, then follow the money

Retain pay records, the relevant work-permission evidence and bank transfers. A joint account does not by itself explain lawful earnings, and a new gift document should not be invented if the actual arrangement was different. Eligible family members retain their own immigration requirements; E dependent children are not authorized to work by that status, and matching family approval dates are not guaranteed.

A shared account, pending case or unpaid business task is not an automatic work basis. Unmarried children under twenty-one may accompany and study, but dependent status does not authorize them to work. The spouse's position is simpler: employment authorization incident to status means they can take a job with another employer or run part of the enterprise.

A treaty investor is admitted for up to two years at each entry, regardless of how long the visa itself remains valid.