When do I-864 Affidavit of Support Obligations Terminate?

Termination of Legal Obligations Under Form I-864 (Affidavit of Support)

When a U.S. citizen or lawful permanent resident sponsors an immigrant using Form I-864, Affidavit of Support, they enter into a legally binding agreement to financially support the immigrant. However, this obligation does not last indefinitely. U.S. immigration law outlines specific conditions under which the sponsor’s financial responsibilities are terminated.

When Does a Sponsor’s Obligation End?

A sponsor’s obligations under Form I-864 typically end when any one of the following conditions is met:

  1. The Immigrant Becomes a U.S. Citizen
  • Once the sponsored immigrant naturalizes, the sponsor is no longer financially responsible under the affidavit.
  1. The Immigrant Has 40 Qualifying Work Quarters
  • If the immigrant earns 40 quarters of work (approximately 10 years) as defined by the Social Security Administration, the obligation ends.
  1. The Immigrant Loses Lawful Permanent Resident (LPR) Status and Leaves the U.S.
  • If the immigrant voluntarily or involuntarily gives up LPR status and departs the U.S., the sponsor’s obligations cease.
  1. The Immigrant Dies
  • The obligation terminates upon the death of the sponsored immigrant.
  1. The Sponsor Dies
  • If the sponsor passes away, the obligation is legally terminated.

Situations That Do Not Terminate the Obligation

It’s important to note that certain events do not end the sponsor’s financial responsibilities:

  • Divorce or Legal Separation
  • Ending the marriage does not terminate the I-864 obligation.
  • Sponsor’s Financial Hardship or Bankruptcy
  • Even if the sponsor experiences financial difficulty or files for bankruptcy, the obligation remains enforceable.

Enforcement of the Affidavit

Until one of the statutory termination conditions is met, the obligations under Form I-864 are legally enforceable. If the sponsor fails to fulfill their responsibilities:

  • The sponsored immigrant,
  • A government agency, or
  • A private entity that provided means-tested public benefits

may bring a civil lawsuit to enforce the sponsor’s support obligation in court.

Conclusion

Sponsoring someone through Form I-864 is a serious legal commitment. Sponsors should fully understand the duration and enforceability of their obligations. If you are unsure about your responsibilities—or whether those responsibilities have ended—consulting an immigration attorney is strongly advised.

Revision Date: March 2025.