Divorce does not end a sponsor’s obligations under a qualifying Form I-864 affidavit of support. The affidavit creates an enforceable federal support contract, and its duration follows immigration law rather than the end of the marriage. A divorce decree or private agreement should not be assumed to release the sponsor from the immigrant’s federal claim. [1][3]
The five immigrant-related terminating events
The regulation identifies five events involving the sponsored immigrant that terminate the ongoing obligation: [2]
- The immigrant becomes a U.S. citizen.
- The immigrant works, or can properly be credited with, 40 qualifying Social Security quarters.
- The immigrant ceases to hold lawful permanent resident status and departs the United States under the regulatory conditions.
- The immigrant obtains a new adjustment of status in removal proceedings, with the new sponsorship arrangement governing when required.
- The immigrant dies.
A vacation abroad does not satisfy the permanent-residence termination rule. Similarly, simply reaching a tenth wedding anniversary does not establish 40 qualifying quarters. The statute permits some parental and spousal work credits, but imposes conditions, including restrictions involving specified means-tested benefits. [1][2]
The sponsor’s death is a separate rule
The regulation separately terminates a person’s ongoing support obligation when that sponsor or obligated household member dies. One sponsor’s death does not release another sponsor who remains obligated. Termination also does not erase reimbursement obligations that accrued before the terminating event. [2]
Support and benefit reimbursement are different claims
The statute generally promises support sufficient to maintain the immigrant at 125 percent of the federal poverty line during the enforceable period. It also permits reimbursement claims by providers of covered means-tested benefits. The amount owed in a particular lawsuit depends on the claim, relevant income, and the applicable legal rules; it is not automatically the full poverty-guideline amount every year. [1]
A sponsor should keep the signed affidavit, immigration approval records, evidence of any terminating event, and payment records. The immigrant should preserve income records and the affidavit before seeking enforcement. A divorce lawyer should know about the I-864 because its obligations may continue alongside state-law support arrangements.
This concerns the enforceable immigrant sponsorship affidavit, not every immigration form called an affidavit of support. For the family petition process, see Form I-130 basics. Other marriage-duration rules, such as military divorce's 10/10 rule, address entirely different benefits.
Primary sources
- 8 USC 1183a – Requirements for Sponsors Affidavit of Support
- 8 CFR 213a.2(e): Support obligations and termination
- USCIS: Instructions for Form I-864
Sources checked: October 31, 2026.