How Long Are You Responsible for Someone on a Spousal Visa?

As a sponsor for an immigrant on a spousal visa, your financial responsibility typically continues until the sponsored individual becomes a U.S. citizen, earns 40 quarters of work history, permanently departs the United States, or passes away.

Understanding Your Sponsorship Obligations

When you sponsor someone for a spousal visa, you are generally required to complete and sign an Affidavit of Support, Form I-864. This document is a legally binding contract between you and the U.S. government, promising to financially support the immigrant. The primary purpose of this affidavit is to ensure that the sponsored immigrant does not become a "public charge," meaning they won't rely on means-tested public benefits from the U.S. government.

Your commitment as a sponsor means you are liable for providing financial support to the sponsored immigrant at an annual income level of at least 125% of the federal poverty guidelines for your household size. Should the immigrant receive certain public benefits, the agency providing those benefits can seek reimbursement from you.

Key Events That Terminate Financial Responsibility

Your financial obligation as a sponsor for someone on a spousal visa is not open-ended. It concludes upon the occurrence of specific events. Your responsibility for the intended immigrant lasts until one of the following events occurs:

• The Immigrant Becomes a U.S. Citizen: If the sponsored immigrant successfully naturalizes and becomes a U.S. citizen, your financial obligations under the Affidavit of Support are automatically terminated. This is a common path for many sponsored spouses.
• The Immigrant Earns 40 Quarters of Work: The immigrant accrues approximately ten years of credited work toward Social Security, which totals 40 quarters. This means they have worked and paid Social Security taxes for a cumulative period equivalent to ten years.
• The Immigrant Permanently Leaves the U.S.: If the sponsored immigrant permanently departs the United States and resides elsewhere, your financial responsibility ends.
• The Immigrant Dies: The sponsor's obligation ceases upon the death of the sponsored immigrant.
• The Sponsor Dies: If the sponsor who signed the Affidavit of Support passes away, the financial obligation also terminates.

The Scope of Financial Support

The Affidavit of Support mandates that you ensure the sponsored immigrant has an income at least 125% of the U.S. federal poverty line. This support is intended to prevent the immigrant from needing to access "means-tested public benefits."

Examples of such benefits include, but are not limited to:

• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families (TANF)
• Medicaid
• Children's Health Insurance Program (CHIP)
• Supplemental Nutrition Assistance Program (SNAP, formerly food stamps)
• Other federal, state, or local welfare programs

Important Considerations for Sponsors

It is critical for sponsors to understand the long-term implications of signing Form I-864:

• Divorce Does Not End the Obligation: A common misconception is that divorce terminates the sponsorship obligation for a spousal visa. This is incorrect. Divorce or annulment of the marriage does not release the sponsor from their financial responsibilities. The Affidavit of Support is a separate, legally binding contract with the U.S. government that persists regardless of marital status changes.
• Legally Binding Contract: The Affidavit of Support is a serious legal commitment. If the sponsored immigrant receives public benefits, the government agency can sue the sponsor for reimbursement.
• Joint Sponsors: In some cases, if the primary sponsor's income is insufficient, a joint sponsor may be required. A joint sponsor takes on the same legal and financial responsibilities as the primary sponsor.

To summarize the termination events:

For more detailed information on sponsorship obligations, you can refer to the official U.S. Citizenship and Immigration Services (USCIS) website. To understand Social Security work credits, the Social Security Administration (SSA) website is a valuable resource.