Spouse of E-2 Visa Investor, and What Happens If...

[CanadianSunSeeker]

Hi!

How can a couple immigrate in such a way that the spouse doesn't lose their residency (and the entire company, along with the whole investment) if the primary Investor were to become incapacitated or deceased?

Does a Corporation with 50/50 shares between the two spouses essentially double the required investment? Presumably this is the most straightforward way to secure E-2 visas for both spouses, even if not the most inexpensive option upfront...

Does the spouse applying for an E-2 as a supervisory/managerial employee help here in any way? In effect, since the Corporation is its own entity, if the spouse maintains control of the corporate decision making upon the death of the Investor, he/she would be eligible to petition for his/her own extension of stay on an E-2 as an employee, correct?

Is there opportunity for the living spouse of the incapacitated or deceased primary Investor to take over the business and continue to run it, or is that considered an entirely separate E-2 application?

If it is considered a new application, must the spouse then re-invest a "substantial amount" into the already operating business (that they now own 100%) in order to qualify?

I'm sure I am not the only spouse who's wondering what would happen to them "if"... There's got to be a way to protect our investment if something were to happen to my husband at any point along this journey.

Thanks in advance!

[Katy Day]

Hi,

My husband and I went through the same situation.

What our attorney suggested is that the company should be 50/50 (which doesn´t require to double the investment). Then only one of you applies for the visa (in our case it was me). Then if something would happen to the main applicant down the road, the other partner can immediately apply for his/her E2 visa en stay in the country. Otherwise the dependents of the deceased applicant should have to leave the country.

I hope this helps.

Good luck.