Does a spousal gift require a formal contract in the EB-5?

It is not always strictly required by law, but formalizing a spousal gift in writing is highly recommended. In the EB-5, one of the central requirements is demonstrating the lawful source of funds invested, and any transfer of assets between spouses must be well documented.

Even if the legislation in some jurisdictions does not expressly require a contract for gifts between spouses, maintaining a written record helps demonstrate, in an unambiguous way, that the transfer was voluntary and that the funds come from a legal source. This is precisely the type of evidence that strengthens a petition.

Formal documentation, such as a gift agreement or a written and notarized declaration, also provides legal certainty: it protects both parties and serves as clear proof in any eventual review of the source of funds, avoiding complications during the process.

Since the exact requirements may vary by jurisdiction, it is worth organizing this documentation with specialized support and confirming the evidentiary requirements with USCIS before investing.

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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.