Review actual ownership, entitlement and the lawful funding arrangement rather than impose a blanket account-name rule.
Explain how the investor obtains the commitment
The family relationship alone does not answer every question, but legitimate spousal resources should be described accurately. Establish the real transaction and qualifying treatment instead of concealing where the money came from.
Trace who legally owns the money, and how the investor gains authority to commit it. Funds held by a spouse may be gifted, jointly owned, or transferred under another genuine arrangement; the account name alone neither qualifies nor excludes them. Preserve bank statements and the actual agreement, including any repayment duty. E-2 requires treaty nationality for the investor and qualifying ownership of the enterprise, capital that is substantial for the particular business, irrevocably committed and at risk, plus a real non-marginal operation. The investor must develop and direct it through at least 50 percent ownership or operational control. E-2 has no direct green-card path.
Hypothetical example: A baker near Petit-Saguenay plans to acquire equipment and a lease for an American bakery using savings currently held by a spouse. The couple records whether the transfer is a gift or shared property and follows each movement into escrow and vendor payments. Ownership documents give the treaty investor controlling authority, and the plan tests the committed amount against the bakery’s actual startup cost. They do not count money still freely returnable in a personal account or assume marriage proves the investment conditions.