Are there age restrictions for a derivative spouse?

In the EB-5 program, the investor’s derivative spouse is not subject to an age limit. What matters is the existence of a legally recognized marriage and documentation that proves that relationship, regardless of each party’s age.

The inclusion of family members in a petition rests on two pillars: the principal investor’s eligibility and proof of the family relationship. Once those requirements are met, the spouse is included as a derivative dependent in the process.

An important distinction is worth noting: age tends to matter in a different situation, that of derivative children, who are subject to an age limit specific to the program. For the spouse, age is not a disqualifying factor.

That said, all documentation must comply with U.S. immigration rules. Confirm current requirements with USCIS and, if needed, have a specialist review your case before filing.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.