If you are a permanent resident or citizen of the United States, you can arrange for your loved one to join you in the country. To do this, you must sign Form I-864, Affidavit of Support, becoming the sponsor. This is a legally binding agreement with the federal government, and it obligates you to provide adequate support so the immigrant does not need to rely on welfare for specific years. However, time moves, and relationships fall apart or change. In this case, you might wonder when your support obligation will end. This blog compiles common FAQs in situations like this.
What Are My Legal Sponsor Obligations?
Section 231A of the INA (Immigration and Nationality Act) provides that the affidavit of support is in place to encourage self-sufficiency in immigrants by making sponsors financially liable so non-citizens do not fall below the federal poverty line and become public charges. Signing the affidavit of support means you agree to the following:
- Reimbursement liability. Here, you agree to repay the federal government for the means-tested government benefits the non-citizen receives
- Financial maintenance. In this case, you consent to provide monetary support to maintain the non-citizen’s income above or at 125 percent FPG (Federal Poverty Guideline)
- Address notifications. You will also have agreed to inform the state of residence and attorney general within thirty days of any address changes.
- You will also have agreed to face the jurisdiction of United States state or federal courts for any enforcement actions associated with the affidavit.
The sponsored non-citizen and any public agency providing means-tested benefits can enforce these obligations. That is because they are the contract’s third-party beneficiaries.
How Long Does Immigrant Sponsorship Generally Last?
Immigrant support under I-864 generally lasts until any of the five terminating incidents described under federal regulations and laws. Until any of the five incidents occur, the I-864 contract binds you and requires you to give support when necessary. These five terminating events are:
The Immigrant Attains 40 Quarters of Work
Your support will terminate after the immigrant you sponsor has achieved 40 quarters of work as described under the SSA (Social Security Administration). Attorneys usually say immigrant sponsorship ends after ten years. However, that is merely not true. If a non-citizen has worked for ten years, they might have earned forty quarters of work. That is, ten years multiplied by four quarters equals 40 quarters. However, that can only be true if the immigrant is working. If they are not working, this terminating incident may never occur.
When the Immigrant Becomes a United States Citizen
If the immigrant you sponsor becomes a United States citizen, your obligation to support them under the I-864 affidavit will end. No immigrant has a lawful duty to acquire U.S. citizenship. For many legal immigrants, like those from South Korea, becoming a United States citizen could mean losing their original citizenship. Immigrants can generally seek citizenship after the following:
- Five years of being a green card holder (a lawful permanent resident) or
- Three years of being in a marriage with a United States citizen
The Immigrant is no Longer a Permanent Resident and has Left the Country
Immigrant sponsorship ends after the immigrant loses their lawful permanent resident status. However, this terminating circumstance also necessitates that the immigrant have left the U.S.
When the Immigrant Dies
An immigrant’s death ends a sponsor’s duty under Form I-864. A sponsor’s death also terminates the contractual obligation. However, the sponsor’s estate may be liable for claims up to the time of demise.
Apart from the above factors, nothing terminates your duty as an immigrant sponsor under I-864. Until any of them happens, you remain liable. Consequently, these events are your only defenses in court.
Is It Possible to Withdraw My Immigrant Sponsorship?
Yes, you can, but everything depends on how far the process has gone. You could withdraw your sponsorship only before the visa process has attained particular milestones. Timing is essential.
Before the Approval of Form I-130 Immigrant Visa Request
You could withdraw your sponsorship if the USCIS has not approved your I-130 petition. Withdrawing at this point is easier since USCIS has yet to finalize the non-citizen’s visa request. Should you withdraw your petition, the entire case ends.
To withdraw I-130, you must request the USCIS in writing that you want to do so. The USCIS does not require any reason, but you must state explicitly that you no longer wish to sponsor the immigrant. Attach I-130 petition receipts to your request, case number, and your and the immigrant’s full names, and send it to the USCIS office that handled the case. Ensure you send the request via a traceable method, like certified mail, to be able to confirm the office received the documents.
After the Approval of Form I-130 But Before the Approval of the Immigrant Visa by the Embassy or Adjustment of Status by the Immigration Court or USCIS
You can withdraw your sponsorship when the petition for the immigrant visa has been approved but before the embassy has issued the visa to the immigrant. Alternatively, you can withdraw your sponsorship before the immigration judge or the USCIS approves an adjustment of status for the non-citizen. However, withdrawing in either of these circumstances becomes more intricate. That is because you must provide a valid explanation for doing so.
To withdraw, you must write to the office that adjudicates adjustments of status or immigrant visa matters requesting the same. Your request should be explicit, though you need not include a reason. However, it may help to include the changes in your situation or the non-citizen’s intentions. Attach your request with NVC (National Visa Center) and 1-130 receipts, case number, and your and the immigrant’s full names and send it to the State Department and USCIS offices that handled the case.
Ensure you follow up once you send your request to confirm whether the offices have processed your withdrawal. Retain copies confirming your withdrawal and of any correspondence for personal records.
It is impossible to withdraw your support obligation after the non-citizen has obtained a green card or lawful permanent resident status. I-864 is 100% enforceable at this stage, and your responsibilities are binding.
You can only end your support obligations after a green card has been issued and when any of the events mentioned earlier (death, citizenship, etc.) occur. Alternatively, if you can show the immigrant acquired their green card through misrepresentation or fraud, you may successfully pursue legal channels to nullify your support. However, this process is challenging and complex.
Are There Any Consequences to Withdrawing Sponsorship?
Withdrawing immigrant sponsorship can have significant consequences for you and the non-citizen. For you, should you withdraw before the non-citizen acquires their lawful permanent residence or green card, you will be free from monetary obligations. However, if you do not withdraw on time, you will still lawfully be liable for the non-citizen’s financial support.
If you withdraw your sponsorship before the non-citizen receives their green card, their visa application could be denied. In that case, they might need to look for another eligible sponsor or forego obtaining lawful permanent resident status.
Will Declaring Bankruptcy Impact My Sponsorship Obligation?
Bankruptcy will not discharge your obligation under I-864. Most contractual obligations and debts are dischargeable during bankruptcy. However, not all domestic support obligations are dischargeable. Some exceptions are maintenance, alimony, and support recoverable by or owed to one’s child, current spouse, or ex-spouse.
That said, courts have ruled support obligations under I-864 to be non-dischargeable domestic support obligations. They have provided that Form I-864 is an agreement, and a sponsor’s financial duty goes on even after they file for bankruptcy.
Arguably, not all I-864 obligations need to be described as domestic support obligations. Some beneficiaries under I-864 (like sisters, brothers, or parents) have a child, ex-spouse, or spouse relationship with their sponsor. Thus, if you are not sponsoring your child, ex-spouse, or spouse, you may argue (with an attorney’s help) that you should discharge your I-864 obligation in bankruptcy. If you are an immigrant sponsor and wish to declare bankruptcy, consult a lawyer who understands immigration and bankruptcy law.
What Happens If I Separate From or Divorce My Spouse?
Divorcing or separating from your immigrant spouse will not terminate your I-864 support obligations. That means even after divorce or separation, you must continue meeting your responsibilities regardless of what happens.
Some people may ask, what if they signed a prenuptial agreement saying divorcing would terminate their obligation? In this case, courts have taken different positions on this matter. Some courts have ruled that obligation support under I-864 overrides the prenuptial agreement, while others have stated the opposite. You want to consult a lawyer if you have filed for a divorce and a prenuptial agreement is involved.
When Will My Support Obligation End If USCIS Denies the Immigrant’s I-751?
If your spouse’s I-751 is denied, the USCIS will send them to the immigration court. The immigration judge will then determine whether they must depart from the country. Assuming they are not exempt from requiring support, your obligation to provide I-864 support will likely continue unless and until they are removed. And, per multiple court cases, they are entitled to file a lawsuit against you for compliance.
Additionally, they will have a second opportunity to file their I-751. Even when you decline to sign the application, they may still persuade the immigration court judge to allow them to retain their permanent residence by proving they would experience extreme hardship if compelled to depart from the country.
Similarly, if you petition for divorce and it is granted before the immigrant’s court case ends, they may convince the court to allow them to retain their permanent residency by merely proving your marital union was real, even though you divorced. In whichever case, your I-864 support obligation would go on.
If you have reason to believe your spouse married you just to obtain a green card, you can consider, with caution, informing the USCIS. Or, you can notify the United States Immigration and Customs if your spouse is already before the immigration court. However, proceed with caution. This would be marriage fraud, and it is a severe violation. Note that immigration officers may suspect that you are involved, so act carefully.
At the least, the violation can weaken your spouse’s I-751 case. Also, it may result in a cancellation of their green card or removal on a distinct legal ground (fraud-related ground). In this case, your obligations under I-864 support would terminate.
Considering the severity of these repercussions, you may consider offering your spouse a different support agreement. However, whether and to what degree your obligations would continue if the judge declines your spouse’s I-751 application is unclear. Still, the spouse found an alternative way to remain in the U.S., legally or illegally, besides acquiring a new green card with another sponsor.
How Do Criminal Charges Against the Immigrant Affect Support Obligation?
Criminal accusations against the immigrant do not necessarily terminate the support obligation under I-864. Even when the non-citizen is convicted of violations against the sponsor, courts have ruled that the sponsor’s support must continue unless the immigration court has removed (deported) the non-citizen. Unluckily, this means support obligations under I-864 can be enforced against you even when the non-citizen you support is abusive toward you or your children.
Can the Non-Citizen I Am Sponsoring Sue Me If I Fail to Provide Support?
Yes, they can. The immigrant can file a lawsuit against you if you do not provide the necessary degree of support for the immigrant (125 percent of the FPG). Your obligations start when the non-citizen adjusts their status or obtains their green card and continue until they:
- Naturalize,
- Die,
- Permanently leave the country, or
- Accumulate forty quarters of work
Courts have favored sponsored non-citizens in their rulings, including ex-spouses who filed lawsuits against the sponsors for failing to meet their I-864 responsibilities.
When determining compensation in these suits, the court considers whether the non-citizen’s income had been at 125 percent every year in question. You cannot use a non-citizen’s total earnings over multiple years to assert they met their obligations if the earnings were less in a year.
Note that there is no statute of limitations on Form I-864 support obligations, provided the termination conditions have not been met. Therefore, the immigrant you sponsor may sue you several years after you sign the form.
What Defenses Can I Raise If The Sponsored Immigrant Sues Me?
Legal defense against a lawsuit under I-864 may include the following:
- The non-citizen’s circumstances have changed, and the court should relieve you of your responsibility (this is a challenging defense to sell)
- The immigrant’s request for government benefits was because of their fraud or misconduct
- The non-citizen did not request the support listed under I-864
Can Joint Sponsors or the Non-Citizen's Other Sponsors Be Responsible Too?
The answer to this question is yes. If a joint sponsor exists, you and they can be responsible for the non-citizen’s means-tested government benefits. The immigrant or government can sue all of you or either of you for support or reimbursement.
Will I Still Be Responsible If the Non-Citizen Receives Government Benefits in a Different State?
The answer is yes. Your obligations under I-864 are not restricted to the state where the non-citizen lives. If the non-citizen you sponsor acquires government benefits in a different state from where they live, you could still be responsible.
Do My Sponsorship Obligations Apply to the Non-Citizen’s Family Members?
Generally, sponsorship obligations only apply to the immigrant you sponsor. However, should you sign several Form I-864s for various people, you are separately responsible for every sponsored non-citizen.
Can I End My Sponsorship Obligations If The Non-Citizen Returns to Their Country of Origin?
The answer is no. Your obligations under I-864 continue unless the non-citizen officially abandons their lawful permanent residency status. That is so even when the immigrant physically returns to their country of origin. Just traveling outside the United States does not end the obligation.
How Can I Safeguard Myself From Form I-864 Responsibility?
The following tips can help you cut liability:
- Understand everything you will be committing to before you sign form I-864.
- Retain records of all the support you give the sponsored non-citizen
- Know about all the means-tested government benefits the non-citizen acquires and act to avoid responsibility (for example, repay benefits or provide support).
- Consult a skilled immigration lawyer on your specific case and obligations
Find a Competent Immigration Attorney Near Me
These FAQs are meant to give you a general comprehension of how long your I-864 liability will continue if your relationship with your sponsored immigrant changes. Due to the intricacy and legal repercussions, you always want to consult an immigration lawyer before you sign the I-864 affidavit or when you have concerns.
At California Immigration Attorney, our skilled attorneys will assist you in understanding your responsibilities, the legal consequences, and the involved risks. They will also help you navigate the process of sponsoring an immigrant so you can make informed decisions. Sponsoring a non-citizen is a lasting commitment. Call us at 424-789-8809. We will be by your side through every step.