When you apply for a marriage-based green card, the paperwork can feel endless. There are forms for your biographical history, forms for your medical exam, and forms for your relationship evidence. But there is one form that often makes sponsors pause and take a deep breath: the I-864, Affidavit of Support.
If you are the U.S. citizen or green card holder sponsoring your spouse, you are signing a contract with the U.S. government. You are promising that your spouse will not become a “public charge” (dependent on the government for financial support).
But unlike a lease or a car loan, this contract doesn’t have a simple expiration date written at the bottom. This leads to one of the most common questions we hear at Greenbroad: “What is the I-864 duration, and when am I finally off the hook?”
In this comprehensive guide, we will break down exactly how long the Affidavit of Support lasts, what specific events end the obligation, and—crucially—what events (like divorce) do not end it.
ℹ️ Key Takeaways
- It is legally binding: The I-864 is a contract between the sponsor and the U.S. government.
- Divorce does NOT end it: You remain financially responsible for your former spouse even after a divorce is finalized.
- There are 5 ways to end it: The obligation typically ends when the beneficiary becomes a U.S. citizen, earns 40 work quarters (approx. 10 years), leaves the U.S. permanently, obtains a new grant of adjustment of status, or passes away.
- Financial Risk: If the beneficiary uses means-tested public benefits, the government can sue you for reimbursement.
What is the Affidavit of Support?
Before we dive into the I-864 duration, it helps to understand what you are actually signing.
The I-864 form is required for most family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and are not likely to rely on the U.S. government for financial survival.
By signing this form, the sponsor (petitioner) agrees to use their financial resources to support the intending immigrant (beneficiary). Specifically, you are agreeing to maintain the immigrant’s income at 125% of the Federal Poverty Guidelines.
As of 2026, the Department of Homeland Security continues to enforce these contracts strictly. It is not just a formality; it is a serious financial commitment.
Income Requirements for Sponsoring Immigrant 2026
I-864 Duration: The 5 Ways It Ends
Many people assume the Affidavit of Support lasts for a specific number of years, like 3 or 5 years. This is incorrect. The I-864 duration is indefinite until a specific “terminating event” occurs.
According to federal regulations, the sponsor’s obligation ends only when one of the following five events happens to the immigrant (beneficiary):
1. The Immigrant Becomes a U.S. Citizen
This is the most common “happy ending” for the I-864 contract. Once your spouse completes the naturalization process and takes the Oath of Allegiance to become a U.S. citizen, your financial obligation as a sponsor dissolves immediately.
- Timeline: Spouses of U.S. citizens can typically apply for citizenship 3 years after getting their green card (if they are still married and living together).
2. The Immigrant Earns 40 Quarters of Work
This is the “time-based” termination, but it’s not just about waiting. The obligation ends when the immigrant has been credited with 40 qualifying quarters of coverage under the Social Security Act.
- The Math: In the U.S., you generally earn 4 quarters of credit per year if you work a full-time job. Therefore, this usually takes about 10 years.
- The Spouse Bonus: Here is a helpful tip—spouses can often credit their partner’s work quarters toward their own total during the marriage. If the U.S. citizen sponsor works for 5 years while married to the immigrant, and the immigrant also works for 5 years, they may reach the 40-quarter threshold faster combined.
3. The Immigrant Abandons Residence and Leaves the U.S.
If the immigrant gives up their green card (Permanent Resident status) and leaves the United States permanently, the obligation ends. Note that simply going on a long vacation does not count; they must officially lose or abandon their status and depart.
4. The Immigrant Obtains a New Grant of Adjustment of Status
This is a rare legal scenario. If the immigrant is placed in removal (deportation) proceedings but then gains a new grant of adjustment of status based on a new petition (with a new sponsor), the original I-864 terminates.
5. Death
If the sponsor or the immigrant passes away, the obligation ends. However, note that if the sponsor dies, their estate could still be liable for any debts incurred before the death.
What Does NOT End the I-864? (Crucial Warnings)
Understanding what does not end the contract is just as important as understanding the I-864 duration. There are several life events that might feel like they should end the contract, but in the eyes of immigration law, they do not.
Divorce Does Not End Sponsorship
This is the single most common misconception. Divorce does not terminate the I-864 Affidavit of Support.
Even if your marriage ends after two years, you are still the financial sponsor of your ex-spouse until they become a citizen, work for 10 years, leave the country, or die.
- Scenario: You divorce in 2026. In 2028, your ex-spouse loses their job and applies for food stamps (SNAP) and Medicaid. The government grants the benefits. A few months later, you (the sponsor) could receive a bill from the government demanding repayment for those benefits.
Prenuptial Agreements
You cannot sign a prenuptial agreement (prenup) or a divorce settlement that waives the I-864 obligation. The Affidavit of Support is a contract between the sponsor and the Government, not the sponsor and the spouse. Therefore, a private contract between spouses cannot override the federal contract.
Bankruptcy
Filing for bankruptcy generally does not discharge your I-864 obligations. This is considered a non-dischargeable domestic support obligation in many jurisdictions.
I-864 Obligations After Divorce: What Sponsors Need to Know in 2026
🚀 Feeling Overwhelmed by the Paperwork?
The risks of the I-864 sound scary, but for most couples, the sponsorship process is a straightforward step toward building a life together. The real headache is usually just filling out the forms correctly!
You don’t need to hire an expensive law firm to file your marriage green card. Greenbroad helps you prepare your entire application package—including the I-864—for a flat fee of $749.
We check your work, organize your documents, and give you the confidence to file.
I-864 Guide: Sponsor Responsibilities & Risks
To fully grasp the gravity of the I-864 duration, you must understand what you are actually liable for during that time.
The “Means-Tested Public Benefits” Trap
The main purpose of the I-864 is to ensure the immigrant doesn’t use “means-tested public benefits.” If they do, the agency providing the benefit can demand the sponsor repay the cost.
Benefits that typically trigger repayment:
- Supplemental Security Income (SSI)
- SNAP (Food Stamps)
- Medicaid (non-emergency)
- Temporary Assistance for Needy Families (TANF)
- CHIP (Children’s Health Insurance Program)
Benefits that are usually SAFE (do not trigger repayment):
- Emergency medical assistance
- School lunches
- Student loans
- Disaster relief
- Job training programs
- Immunizations and treatment for communicable diseases
The “Sue the Sponsor” Provision
In addition to the government suing for reimbursement, the immigrant spouse can actually sue the sponsor directly for support.
If the immigrant’s income falls below 125% of the poverty line, they can take the sponsor to divorce court (or federal court) to enforce the I-864 contract and demand support payments to bring them up to that level—regardless of who was at fault for the divorce.
How to Fill I-864: Tips for Success
While the duration is long, the first step is simply getting the form approved so your spouse can get their green card. Here is a mini-guide on how to fill I-864 correctly in 2026.
1. Calculate Household Size Correctly
Your household size determines how much income you need. You must include:
- Yourself.
- The immigrant you are sponsoring.
- Your dependent children (even if they don’t live with you).
- Anyone else listed as a dependent on your tax return.
- Anyone else you have previously sponsored on an I-864 whom you are still obligated to support.
2. Use the “Total Income” from Your Tax Return
When the form asks for your current annual income, be honest. When it asks for your tax history, use the “Total Income” line from your IRS transcripts (usually Line 9 on Form 1040 for the 2025 tax year).
- Tip: We highly recommend submitting an IRS Tax Return Transcript rather than just photocopies of your 1040. It reduces the chance of a Request for Evidence (RFE).
3. Joint Sponsors
If your income is too low to meet the requirement, don’t panic. You can use a Joint Sponsor. This is a U.S. citizen or green card holder who lives in the U.S. and is willing to accept the same legal liability as you.
- Note: Even if you use a Joint Sponsor, you (the petitioner) must still file an I-864, even if you earn $0.
Joint Sponsor Requirements - Who Can Be One
Real-World Scenarios
To help clarify the I-864 duration, let’s look at two examples of how this plays out in real life.
Scenario A: The Clean Break (That Wasn’t)
- The Couple: Mark (USC) and Elena (Immigrant).
- The Situation: They marry in 2024. Mark signs the I-864. Elena gets her green card in 2025. Unfortunately, they divorce in 2027.
- The Outcome: Elena is having trouble finding work and applies for food stamps and cash assistance in 2028.
- The Consequence: The state agency contacts Mark. Even though they have been divorced for a year, Mark is liable to repay the state for Elena’s benefits. His obligation continues until Elena works for roughly 10 years or becomes a citizen (which she can do on her own after 5 years of residency).
Scenario B: The Team Effort
- The Couple: Sarah (USC) and Kenji (Immigrant).
- The Situation: They marry and Sarah signs the I-864. Sarah works full-time. Kenji gets his green card and immediately starts working full-time as well.
- The Outcome: Because they are married, Kenji can count Sarah’s work quarters toward his requirement.
- The Consequence: After just 5 years of both of them working, Kenji has been credited with 40 quarters (20 from his work, 20 from Sarah’s). The I-864 obligation terminates due to the 40-quarters rule, even though Kenji hasn’t become a citizen yet.
Frequently Asked Questions (FAQ)
1. Does the I-864 expire after 10 years?
Not automatically. While it typically takes about 10 years to accumulate the “40 quarters” of work credit required to terminate the obligation, the form does not have a set expiration date. If the immigrant never works and never becomes a citizen, the I-864 could technically last for decades.
2. Can I withdraw an I-864 Affidavit of Support?
You can only withdraw the I-864 before the green card is issued. If you change your mind while the application is still pending with USCIS or the NVC, you can send a written withdrawal. However, once the green card is approved, the contract is locked in and cannot be withdrawn.
3. What income is required for the I-864 in 2026?
You must prove your household income is at least 125% of the Federal Poverty Guidelines for your household size. For active duty military sponsoring a spouse, the requirement drops to 100%. These guidelines change every year (usually in February/March), so always check the latest USCIS I-864P table.
4. Does bankruptcy end my I-864 obligations?
No. Under U.S. law, obligations owed under the Affidavit of Support are generally not dischargeable in bankruptcy proceedings. This means even if you wipe out your credit card debt, the government (or your ex-spouse) can still collect on the I-864 support.
5. Can a prenuptial agreement protect me from the I-864?
No. A prenup is a contract between two spouses. The I-864 is a contract between the sponsor and the government. You cannot sign a private agreement that invalidates your federal obligations. However, a prenup can protect your other assets in a divorce; it just can’t stop the I-864 enforcement.
Conclusion
The I-864 duration is one of the most serious aspects of the immigration process. It is a long-term commitment that survives divorce and financial hardship. It reflects the serious nature of bringing a family member to the United States permanently.
However, for couples in genuine, committed relationships, the I-864 is simply a stepping stone to a shared future. The goal is for the immigrant spouse to thrive, work, and eventually become a U.S. citizen—all of which bring the sponsorship obligation to a natural end.
Don’t let the forms scare you.
Navigating government forms is tedious, stressful, and confusing. One checked box in the wrong place can lead to months of delays.
Greenbroad makes it simple. For a flat fee of $749, we turn a mountain of confusing paperwork into a neat, ready-to-file application package. We help you calculate your household size, verify your income documents, and ensure your I-864 form is filled out perfectly.
Start your application with Greenbroad today and file with confidence.
Disclaimer: This article provides general information about the I-864 Affidavit of Support and is not legal advice. Immigration laws and regulations are subject to change. For complex situations, criminal history, or specific legal concerns, please consult with a qualified immigration attorney.