Your Affidavit of Support Could Become a Financial Nightmare in Divorce: What Every Sponsoring Spouse Must Know
Don't Let Immigration Promises Become Permanent Financial Obligations - Understanding Form I-864 Enforceability Could Save Your Future
Michael thought his financial responsibilities would end when he divorced his wife of three years. He had sponsored her green card application, signing the required paperwork without thinking twice. After all, they were in love and planning a life together.
Two years after their bitter divorce, Michael received a shocking letter. His ex-wife was demanding $1,400 per month in support - not alimony, but enforcement of the Form I-864 Affidavit of Support he had signed during her immigration process. She had quit her job and was claiming he was legally obligated to maintain her income at federal poverty guidelines.
Michael's lawyer delivered devastating news: "You signed a contract with the federal government that doesn't end just because your marriage did."
What Is the Affidavit of Support (Form I-864)?
The Affidavit of Support is a signed document to accept financial responsibility for a spouse who is seeking a green card. It is also known as U.S. Immigration Form I-864.
Basic Requirements:
- Financial sponsor must have income at least 125% of Federal Poverty Guidelines
- Document proves the immigrant won't become a "public charge"
- Required for most family-based green card applications
- Creates a legally binding contract between sponsor and government
Financial Thresholds for 2025:
- Single person: Approximately $1,400+ per month minimum
- Two-person household: Approximately $1,900+ per month minimum
- Income requirements increase with household size
Who Must File Form I-864?
An affidavit of support is a legally enforceable contract, and the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years).
Qualifying Sponsors Must Be:
- U.S. citizen, national, or permanent resident
- At least 18 years old
- Living in the United States
- Able to meet income requirements (125% of poverty guidelines)
The Shocking Truth: Divorce Doesn't End Your Obligations
Many U.S. citizens and permanent residents are shocked, after they divorce the immigrant spouse whom they sponsored for a green card, to realize what they signed on to with USCIS Form I-864, the Affidavit of Support.
What Terminates I-864 Obligations
The sponsor's obligations under Form I-864 only end when ONE of these five events occurs:
- The immigrant becomes a U.S. citizen
- The immigrant earns 40 quarters of work (approximately 10 years)
- The immigrant dies
- The immigrant permanently leaves the United States
- The immigrant loses permanent resident status and is removed
Notice that "divorce" is not on the above list.
What DOESN'T End Your Obligations
Divorce: Marriage dissolution has zero impact on I-864 obligations Remarriage: Your ex-spouse marrying someone wealthy doesn't matter Employment Capacity: Even if they could work, they don't have to New Relationships: Moving in with a financially stable partner is irrelevant Prenups or Settlement Agreements: Private agreements cannot override federal obligations
The Affidavit of Support is a binding contract that cannot be canceled by private agreements, such as prenuptial or post-divorce settlements. Courts have upheld that these private agreements cannot override the I-864 obligations.
How Courts Enforce I-864 in Divorce Proceedings
Yes – in most states the USCIS Form I-864, Affidavit of Support can be enforced in a divorce case. A family law court has the authority to enforce the I-864 either (1) as a breach of contract claim or (2) through spousal maintenance (also called alimony).
Method 1: Through Spousal Support/Alimony
States that allow I-864 enforcement through alimony include:
- California
- Several other jurisdictions
How it works:
- Court treats I-864 as basis for ongoing support obligation
- May order monthly payments equal to poverty guideline requirements
- Can be enforced like any other alimony order
Potential Limitations:
- Family courts may limit amounts based on state alimony factors
- Duration might be shorter than full I-864 enforcement period
- State law considerations may override federal requirements
Method 2: As Separate Contract Claim
Alternative enforcement approach:
- Treat I-864 as independent contract dispute
- File breach of contract claim alongside divorce
- Allows for full federal enforcement without state law limitations
Advantages:
- Preserves full scope of I-864 obligations
- Avoids state alimony law restrictions
- May provide broader enforcement options
Real-World Scenarios That Prove This Isn't Fair
Scenario 1: The Wealthy New Partner
The Situation: Your ex-spouse moves in with someone who fully supports them financially, yet they continue demanding I-864 payments from you.
Court Decision: U.S. sponsors have brought lawsuits about the unfairness of being forced to shell out money to someone who is doing fine living with a new romantic partner, a relation, or someone else in the United States. So far, that hasn't worked.
Reality: Courts focus solely on the immigrant's personal income, not household support from others.
Scenario 2: The Capable Worker
The Situation: Your ex-spouse has marketable skills and could easily find employment but chooses not to work.
Court Decision: In the case of Zhu v. Deng, for example, the North Carolina Supreme Court noted that nothing in U.S. immigration law or regulations, or even the USCIS forms, suggests such a duty.
Reality: No legal requirement exists for immigrants to "mitigate damages" by seeking employment.
Scenario 3: The Abusive Ex
The Situation: Even when the immigrant was abusive during marriage, support obligations may continue.
Court Reality: Even in cases where the immigrant was convicted of crimes against their U.S. petitioning spouse or child, courts have ruled that unless an immigration court has deported the immigrant, the petitioner's support obligation is still valid.
Harsh Truth: Domestic violence doesn't automatically terminate I-864 obligations.
Understanding the Financial Reality
What You're Actually Obligated to Pay
Minimum Support Level: Must maintain immigrant's income at 125% of poverty guidelines Current Amounts (2025):
- Single person: ~$1,400/month minimum
- Amounts adjust annually with federal poverty guidelines
Payment Responsibilities:
- Direct support payments to immigrant
- Reimbursement to government for any benefits immigrant receives
- Potential legal fees for enforcement actions
Government Enforcement Process
If a sponsored immigrant receives means-tested public benefits, enforcement actions against the sponsor may proceed as follows:
- Benefit Use Identification
- Sponsor Notification of legal responsibility
- Reimbursement Demand sent by certified mail
- Legal Action if payment isn't made
Types of Benefits Requiring Reimbursement:
- Medicaid (except emergency services)
- SNAP (food stamps)
- TANF (cash assistance)
- SSI benefits
- State and local cash assistance programs
Your Legal Options and Protections
Limited Defense Strategies
What Typically DOESN'T Work:
- Arguing the marriage was fraudulent (after green card issued)
- Claiming financial hardship
- Pointing to immigrant's ability to work
- Citing new relationships or support sources
Potential Defenses (Consult Attorney):
- Improper notice procedures
- Statute of limitations issues
- Procedural violations in enforcement
- Jurisdictional challenges
Protective Measures During Marriage
Before Sponsoring:
- Fully understand 10+ year commitment
- Consider joint sponsors to share liability
- Document immigrant's work history and intentions
- Understand termination requirements
During Marriage:
- Encourage work toward 40 quarters of employment
- Support citizenship application process
- Maintain documentation of support provided
When Obligations Actually End
Path 1: U.S. Citizenship
Timeline: Typically 3-5 years after green card Process: Immigrant must file naturalization application Your Role: Cannot be forced, but obligations end immediately upon citizenship
Path 2: 40 Quarters of Work
Timeline: Approximately 10 years of employment Requirements: Must be legal work with proper tax reporting Credits: Include work before AND after green card
Path 3: Loss of Status
Scenarios: Immigration violations, criminal deportation, voluntary departure Reality: Rare and difficult to force
Red Flags That Signal Trouble
During Marriage
- Spouse shows little interest in working
- Avoids naturalization despite eligibility
- Makes threats about financial support during arguments
- Shows pattern of financial dependence
During Divorce
- Ex-spouse mentions I-864 obligations
- Claims inability to work despite prior employment
- Requests support amounts tied to poverty guidelines
- Attorney raises "affidavit of support" enforcement
The Financial Impact on Your Future
Potential Long-Term Costs
Monthly Obligations: $1,400+ per month for up to 10 years
Total Exposure: $168,000+ over full enforcement period
Additional Costs:
- Legal fees for defense
- Government benefit reimbursements
- Interest and penalties on unpaid amounts
Impact on New Relationships
- Affects ability to qualify for future spouse sponsorship
- May impact financial planning for new family
- Could influence prenuptial agreement discussions
Don't Face This Alone
The intersection of immigration law and family law creates complex legal situations that most attorneys don't fully understand. Form I-864 obligations can devastate your financial future, but proper legal guidance can help protect your interests.
Critical Timing Issues:
- Enforcement actions have procedural requirements
- Defenses may be waived if not raised properly
- Early intervention often provides more options
Why Professional Help Matters:
- Immigration and family law expertise required
- Federal and state court procedures differ
- Strategic planning can minimize exposure
Protect Your Future Today
If you're facing I-864 enforcement or considering sponsoring a spouse's immigration, don't risk your financial security by proceeding without expert guidance. The stakes are too high, and the obligations too long-lasting.
Whether you're dealing with current enforcement actions, planning a divorce involving immigrant spouse obligations, or considering future sponsorship decisions, professional legal counsel is necessary.
Contact Ghazi Law Group Today
Our experienced attorneys understand both immigration and family law, providing comprehensive guidance for complex Affidavit of Support situations. We can help you understand your obligations, explore your options, and develop strategies to protect your financial future.
Call us at (818) 839-6644 or email us at contact@ghazilawgroup.com to schedule your consultation. We're located in Sherman Oaks, California, and serve clients throughout Los Angeles County, including Encino, Woodland Hills, and Studio City.
This article provides general information about Form I-864 Affidavit of Support obligations and should not be considered legal advice. Immigration and family law are complex areas where federal and state laws intersect. Every situation is unique, and the specific facts of your case will determine your rights and obligations. Always consult with qualified attorneys who understand both immigration and family law for advice specific to your circumstances.