No. Identify who legally owns the rights and how the principal investor or enterprise obtains them. A marriage relationship alone does not supply the missing ownership or contribution documentation.
Separate asset rights from work authorization
A spouse in valid E-2 or E-2S status is generally work authorized incident to status, but that does not retrospectively decide ownership of earlier creative work. Unmarried children under 21 may seek dependent status without employment authorization. Review the actual agreements and proposed roles, especially where the enterprise depends on continuing development by a family member.
Answer three questions separately: who owns the right, who invests, and who is permitted to work. A family relationship answers none of them. Hypothetical example: a clinical-records digitization enterprise depends on continuing development by the investor’s spouse, and the file assumes the spouse’s creations belong to the investor because the couple built the business together; the governing agreements, not the marriage, decide that.
If continuing contribution matters commercially, the enterprise should hold it under an actual agreement with the person doing the work. A spouse in valid E-2 or E-2S status is generally work authorised incident to status; unmarried children under 21 may hold dependent status without employment authorisation, so a plan relying on a child’s later contribution needs a different answer.