By Farhan Aryan, Esq.
Helping a spouse, parent or sibling obtain a green card can involve a financial commitment that continues for years after the immigration case is closed. For the person signing an affidavit of support, approval of the application marks the beginning of an obligation whose consequences deserve careful consideration.
In a notice dated September 25, 2025, U.S. Citizenship and Immigration Services explains what that commitment means. Sponsors who sign Form I-864 or I-864EZ, and household members who contribute through Form I-864A, can face financial claims under their agreements. The notice restates obligations rooted in existing law, including responsibility for support and repayment of certain public benefits.
The legal foundation is Section 213A of the Immigration and Nationality Act. A sponsor generally agrees to provide enough support to maintain the sponsored immigrant at an annual income of at least 125 percent of the federal poverty level. The sponsored immigrant has a legal right to seek enforcement of that promise in court. The agreement therefore matters to both sides: it creates potential liability for the sponsor and a measure of financial protection for the immigrant. (govinfo.gov)
There is also a separate responsibility to the agencies that provide covered means-tested public benefits. If a sponsored immigrant receives such assistance while the obligation remains in effect, the agency may pursue reimbursement. An unresolved repayment demand can lead to a lawsuit, with collection costs and legal fees adding to the amount at issue.
Precision matters here. The phrase “public benefits” covers many programs, and their legal treatment differs. Federal law excludes certain assistance from sponsor reimbursement, including specified emergency medical care, school lunch benefits and some disaster relief. A responsible assessment must identify the particular program before reaching a conclusion about repayment. Broad claims that sponsors must repay every form of government assistance overlook these distinctions. (govinfo.gov)
The same care is needed when discussing joint sponsors. Someon agreeing to help a relative or friend meet the income requirement takes on an obligation that can be enforced separately against them. USCIS explains that a joint sponsor may be sued together with the petitioning sponsor or individually. Household members who sign Form I-864A also accept contractual responsibilities.
Personal relationships can change more quickly than legal obligations. Divorce does not end the affidavit-of-support commitment. Neither does the sponsored immigrant turning 21. This can leave former spouses financially connected under immigration law even after their marriage has legally ended.
The obligation ends only when a legally recognized termination event occurs. These include the immigrant becoming a U.S. citizen or earning, or receiving credit for, 40 qualifying Social Security work quarters. Although 40 quarters are commonly associated with roughly 10 years of work, the passage of 10 calendar years alone does not satisfy that requirement. (travel.state.gov, govinfo.gov)
There are administrative duties as well. USCIS requires sponsors to report address changes within 30 calendar days using Form I-865. Sponsors preparing another affidavit must also account for people they remain obligated to support. These details can affect both the sponsor’s responsibilities and the sufficiency of a later application.
For anyone considering sponsorship, a useful starting point is a candid conversation about the agreement: what support may be required, how long the commitment could continue and what circumstances would end it. Keeping copies of the signed forms and obtaining advice about a specific benefit or repayment demand can help families make decisions based on their actual obligations. The time to understand that promise is before signing it.
Home