Does I-864 Really Force Me to Support Immigrant Ex-Spouse Who Has Plenty of Money or Can Work?

Many U.S. citizens and permanent residents are surprised to learn, after they divorce the immigrant spouse whom they sponsored for a green card, how much responsibility they took on with USCIS Form I-864, the Affidavit of Support. It creates a legal obligation for the U.S. sponsor to annually support the immigrant at an amount that's 125% or more of the U.S. Poverty Guidelines levels until the immigrant either:

• becomes a U.S. citizen
• earns 40 work quarters credited toward Social Security (approximately 10 years of work)
• dies, or
• permanently leaves the United States.

Divorce is not one of the events that terminates Form I-864 obligations. Many former sponsors only learn this after separation—especially in cases where the immigrant appears financially stable, lives with someone else, or doesn't seem to need support.

Can My Immigrant Spouse Sue Me Under Form I-864 After Divorce?

When Form I-864 was first created, lawyers had questions about whether U.S. courts would, in fact, confirm that it is legally enforceable as between the immigrant and the sponsor.

It was quite clear that U.S. government agencies could sue the sponsor for reimbursement of any benefits the immigrant claimed, but the fact that the agreement wasn't directly made between and signed by both the sponsor and the immigrant raised questions.

Over the years, courts have made it clear: Form I-864 is legally enforceable contract, and the immigrant spouse has standing to bring a lawsuit against the U.S. sponsor for financial support, even after the marriage ends. In fact, pre- and postnuptial agreements are generally not considered legally effective in overriding the I-864 support obligations. Even filing for bankruptcy will not cancel your I-864 support obligations, as these are considered non-dischargeable under U.S. law.

Does My Immigrant Spouse Have to Get a Job to Reduce My I-864 Support Obligation?

Many sponsors wonder whether their financial responsibility under Form I-864 could be reduced if the immigrant spouse is capable of working, or if the court might require them to seek employment. This idea comes from a general legal principle called "mitigation of damages," where the person receiving support is expected to minimize their losses.

However, U.S. courts have repeatedly ruled that immigrants do not have a legal duty to mitigate damages in I-864 enforcement cases. 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. Thus, drawing also on similar past cases, it held that there is no duty for the immigrant to mitigate damages in I-864 cases.

Do I Still Owe Support If My Ex is Living With Someone Else?

Another common question from sponsors is, "Do I have to keep paying support under Form I-864 if my immigrant ex-spouse is living with someone who supports them?" The answer, according to U.S. courts, is yes, you likely still owe support.

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. If the immigrant spouse sues you for support under Form I-864, they can bring the claim in state or federal court. If they win, the court may order you to pay back support owed and ongoing payments, plus their attorney's fees.

A well-known example is Erler v. Erler, where the court ruled that a sponsor was still responsible even though his ex-wife was living with and financially supported by her adult son. The court emphasized that Form I-864 support is based on the immigrant's personal income only, not contributions from others. It stated: "In signing the affidavit of support, [the sponsor] agreed to support only [his ex-wife], not [his ex-wife] and anyone else with whom she might choose to live." (Erler v. Erler (9th Cir., June 8, 2016).)

More recently, courts have started to refine how this obligation is calculated. In Adeyeye v. Faramaye (Cal. Ct. App. 2025), the California appellate court held that a sponsor's obligation must be reduced by the income the immigrant actually earns. Although that case did not involve outside financial support, it clarified that Form I-864 is meant to ensure the immigrant reaches 125 % of the poverty guidelines, not to guarantee that full amount regardless of other earnings.

This signals a possible shift in how courts might handle Form I-864 enforcement in the future. While many courts still follow the reasoning in Erler, the approach taken in Adeyeye could influence other jurisdictions to consider the immigrant's income when calculating support.

In most cases, the sponsor remains financially responsible if the immigrant's own income is below 125 percent of the poverty level. Outside support from others usually does not affect that responsibility, although this area of law may continue to evolve.

Does Abuse or Criminal Conduct Cancel My I-864 Obligation?

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. (See Belevich v. Thomas, No. 19-14668 (11th Cir. 2021).) Unfortunately, this means that I-864 support obligations could be enforced against the petitioning U.S. spouse, even if the immigrant spouse was abusive toward the petitioner or their children.

Getting Legal Help

If you are a U.S. petitioner dealing with an I-864 support obligation post-separation or divorce, your best bet is to consult a divorce lawyer with experience in dealing with your obligations under Form I-864. Also see articles on The U.S. Sponsor's Financial Responsibilities.