Can F2 visa holder starts a partnership company as an investor?

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Can F2 visa holder starts a partnership company as an investor?

My wife is currently holding F2 visa. We have already filed I-526 petition for

our EB-5 program. Her friend who is a green card holder likes to start a

partnership company with my wife. To establish the company, my wife’s SSN and

ITIN are required. She had a job during her OPT so she has ITIN. My wife will

be a passive investor/owner without operating company and drawing income. Is

there any violation which would sabotage our I526 petition or even future I-829

petition? Is there anything else we should pay attention?

Asked on October 4, 2016 under Immigration Law, Texas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As long as she is a silent partner who does not do any work for the company and does not derive any income, including profits from the company, it should be ok.  Any income/profits would need to be either reinvested into the company or held by the company until such time as she is able to derive income with authorization.


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