Supporting a family member’s immigration to the United States is a big commitment. When you sign the Affidavit of Support on USCIS Form I-864 sponsorship, you’re making a promise to the government to give them financial help, ensuring they don’t need public assistance but things can change, and you might wonder when this responsibility ends. In this guide, we will explain this in detail.
The I-864 Affidavit of Support is a crucial document in the U.S. immigration process, particularly for family-based and some employment-based green card applications. By signing this form, the sponsor commits to financially support the intending immigrant, ensuring they do not rely on government assistance.
Duration of I-864 sponsorship Obligations
The obligations under the I-864 typically last until one of the following five terminating events occurs:
- Becoming a U.S. Citizen: Once the sponsored immigrant naturalizes as a U.S. citizen, the sponsor’s obligations end.
- Earning 40 Quarters of Work: The financial responsibility lasts until the immigrant has accumulated 40 quarters of work (approximately 10 years of work), as defined by the Social Security Administration (SSA). However, if the immigrant does not work, this condition may never be met.
- Loss of Permanent Residency and Departure: If the sponsored individual loses their lawful permanent resident status and departs the United States, the sponsor’s obligations terminate.
- Deportation and New Sponsorship: If a deported immigrant regains residency through a new I-864 sponsorship, the original sponsor’s obligations end.
- Death: The obligations cease upon the death of either the sponsor or the sponsored immigrant.
Key Considerations for I-864 sponsorship
- Divorce Does Not End Obligations: If the sponsor marries the immigrant, a divorce does not eliminate their financial responsibilities under Form I-864.
- Legal Enforceability: The I-864 acts as a legally binding contract, enabling others to sue sponsors who fail to provide necessary financial support.
- Withdrawal Before Approval: Sponsors can withdraw their support before the immigrant’s green card application receives approval. However, once the immigrant obtains permanent residency, the obligations become fixed unless a terminating event occurs.
Understanding these aspects is vital for anyone considering sponsorship through Form I-864, as it entails significant long-term financial responsibilities.
How long am I responsible for supporting my ex-spouse according to the I-864 sponsorship?
If you sponsored your ex-spouse for a green card and then divorced, you may be wondering about your financial responsibility. The I-864 Affidavit of Support states that you must support your immigrant spouse until one of the following events occurs:
- Your spouse earns 40 work quarters for Social Security (about ten years of work).
- Spouse becomes a U.S. citizen.
- Your spouse passes away.
- Spouse permanently leaves the United States.
The good news is, the work both of you did during your marriage can count towards these 40 quarters. So, if your spouse worked for four years before the divorce, plus four years from your work, that’s eight years total.
The bad news is, that once your divorce is final, your work no longer counts towards the total. Based on what we know, your ex-spouse probably earned one more year’s worth of work quarters after the divorce, totaling about nine years. If everything goes as planned, they’ll work another year soon, reaching 40 quarters for Social Security, and then you’re off the hook for your obligations under the I-864 Affidavit of Support.
Will my bankruptcy affect my responsibility to support my stepchild?
Dealing with both immigration law and personal bankruptcy can be tough. If you sponsored someone for a green card and they now rely on your I-864 Affidavit of Support, you might still be financially responsible even after a divorce.
The I-864 Affidavit of Support is a binding contract, separate from other financial agreements like alimony. Your responsibility doesn’t depend on the individual’s age or job status but might decrease or stop if they become self-sufficient or get U.S. citizenship.
Regarding bankruptcy, not all debts and responsibilities can be wiped out. Domestic support obligations, including I-864 support, usually can’t be discharged. However, there could be exceptions based on your specific situation.
To explore whether you can discharge your I-864 obligation in bankruptcy, it’s best to talk to both an immigration lawyer and a bankruptcy lawyer. They can give advice tailored to your situation.
Do I still need to provide support if my immigrant spouse’s green card application is denied?
If your immigrant spouse’s green card application was denied, you probably don’t have to provide financial support under the I-864 Affidavit of Support. This obligation depends on the green card application being approved.
But remember, while the I-864 obligation might not apply, there could still be other responsibilities under marriage or divorce laws in your state. To understand all your legal duties, it’s a good idea to talk to a family law attorney.
When does my Affidavit of Support obligation end if my immigrant spouse’s I-751 is denied?
Whether your Affidavit of Support obligation ends if your spouse’s I-751 is denied depends on many factors. It might not end even if their I-751 is denied.
If your spouse’s I-751 is denied, they might go to immigration court, where a judge will decide if they should leave the U.S. If they still need support, your obligation under the I-864 might continue unless they’re deported.
Even if your spouse faces deportation, they might get to file their I-751 before the immigration judge. If they can prove they’d face “extreme hardship” leaving the U.S., they might keep their green card.
And if you get divorced before the immigration court case ends, your spouse could convince the judge your marriage was real despite ending.
In any case, your responsibility under the I-864 might continue, even if your spouse’s immigration status gets uncertain. To understand all your obligations and rights, talk to an immigration lawyer who can help with your specific situation.
Getting legal help for I-864 sponsorship:
The I-864 Affidavit of Support can lead to complicated legal issues. To handle them well, it’s best to talk to an experienced immigration lawyer and, if needed, a family law lawyer. They can give great advice and make sure you know all your rights and duties under the law.
Remember, this information is just to help you understand, not legal advice. For personalized help, talk to professionals who can look at your situation carefully.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US for I-864 sponsorship straightforward and successful. Whether you’re applying for an IR-1/CR-1 Visa or a K-1 Visa (Fiancé(e) Visa), we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need for I-864 sponsorship in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
