Legal obligations under Form I-864, Affidavit of Support, terminate under specific conditions outlined in U.S. immigration law. The sponsor’s financial support responsibilities generally end when one of the following occurs:
- The Immigrant Becomes a U.S. Citizen
- If the sponsored immigrant naturalizes and becomes a U.S. citizen, the sponsor’s obligations under Form I-864 are terminated.
- The Immigrant Earns 40 Qualifying Work Quarters
- Once the sponsored immigrant has worked or earned 40 qualifying quarters (approximately 10 years) of work credit in the U.S., as recognized by the Social Security Administration, the obligation ends.
- The Immigrant No Longer Has Lawful Permanent Resident Status
- If the sponsored immigrant loses their lawful permanent resident (LPR) status and leaves the U.S., the support obligation is terminated.
- The Immigrant Dies
- The sponsor’s obligations end if the sponsored immigrant passes away.
- The Sponsor Dies
- If the sponsor dies, their obligations under Form I-864 are also terminated.
Situations Where the Obligation Does Not End:
- The sponsor’s obligations are not terminated by divorce or separation from the sponsored immigrant.
- If the sponsor experiences financial difficulties or bankruptcy, they remain obligated under Form I-864.
These obligations remain enforceable until one of the specified termination conditions is met. If a sponsor fails to meet their obligations, the sponsored immigrant or certain third parties (such as the government or private providers of means-tested benefits) may sue the sponsor in court to enforce the affidavit’s terms.
Revised: Jan. 2025