US Green Card Sponsors Are Legally Liable for Spouse’s Finances for Years

(UNITED STATES) For family‑based Green Card cases in 2025, the Affidavit of Support (Form I-864) is the make‑or‑break step that ties a U.S. sponsor to real, long‑term financial duties. By signing Form I-864, the sponsor promises the United States that the immigrant spouse won’t rely on public cash or food support. This promise is not symbolic — it is a legally enforceable contract, and the obligation can last for years, often close to a decade.

The rules are stable this year: divorce does not end the sponsor’s obligation. The commitment ends only when the immigrant spouse becomes a U.S. citizen, is credited with 40 qualifying quarters of work (about 10 years), permanently leaves the United States, or dies.

Who must sign and when this applies

Most U.S. citizen and lawful permanent resident spouses must file an Affidavit of Support (Form I-864) when seeking a marriage‑based Green Card. You file it during:

• Adjustment of status (inside the U.S.), or
• Consular processing (abroad).

The same core rules apply in both settings. If the main sponsor doesn’t meet income rules, a joint sponsor may step in, but that joint sponsor takes on the same legal risk.

Income thresholds you must meet in 2025

Sponsors must show steady income at or above 125% of the Federal Poverty Guidelines for the household size. Household size includes:

• The sponsor
• The immigrant spouse
• Any dependents or others listed on the sponsor’s taxes
• Anyone the sponsor is already supporting under another enforceable affidavit

Key benchmarks for 2025:

• Household of 2: $25,550 (non‑military)
• Household of 3: $32,275
• Household of 4: $39,000
• Add about $6,725 for each additional person

Sponsors on active U.S. military duty sponsoring a spouse only need to meet 100% of the poverty level. In 2025, that is $20,440 for a household of 2.

These amounts reflect the poverty guidelines published in early 2025 and applied by USCIS this year. According to analysis by VisaVerge.com, couples often overlook that recent pay cuts, unpaid leave, or switching to self‑employment right before filing can derail the income test if the current income no longer reaches the threshold.

Counting assets when income falls short

If income is below the required level, the sponsor can use assets to make up the difference. Important points:

• Assets may include cash savings, stocks, bonds, or real estate.
• To count, assets must be convertible to cash within one year.
• The total asset value must be at least three times the gap between actual income and required income.

Example: If the sponsor’s income is $5,000 below the threshold, assets worth at least $15,000 (3 × $5,000) in cash value could bridge the gap. Keep records showing ownership, value, and how quickly the asset can be liquidated.

How long the obligation lasts — and what does not end it

Once the Green Card is issued, the sponsor’s legal duty continues until the earliest of these events:

• The spouse becomes a U.S. citizen
• The spouse is credited with 40 quarters under Social Security rules
• The spouse permanently leaves the United States
• The spouse dies

Critically, divorce does not end the sponsor’s obligation. Even after a marriage ends, the sponsor may still be on the hook until one of the listed events occurs. Many people learn this only after a separation, leading to surprise financial strain.

What happens if public benefits are used

If the immigrant spouse receives means‑tested public benefits (for example, Medicaid or food stamps), the federal or state government can demand reimbursement from the sponsor. Key consequences:

• Agencies can sue to recover costs.
• A joint sponsor or any household member who signed to add income may also be legally responsible for repayment.
• USCIS and benefit agencies continue to take these duties seriously in 2025.

Documents to gather for the Affidavit of Support

Expect to provide clear proof that your income and/or assets meet the rules. Typical documents include:

• Most recent federal tax return (complete copy)
• W‑2s and/or 1099s tied to that return
• Recent pay stubs (often last 6–12 weeks)
• Employer letter confirming position, start date, and pay
• Bank statements (to show savings if assets are used)
• Proof of ownership and value for property, stocks, or bonds
• Evidence of current legal status for the sponsor (U.S. passport, naturalization certificate, or Green Card)

If multiple people’s income is combined, each contributor generally needs to provide similar proof and may need to sign a related form, accepting legal responsibility.

Step‑by‑step filing overview focused on financial duty

1. File <a href="https://www.uscis.gov/i-130">Form I-130</a> (Petition for Alien Relative) to start the marriage‑based case. Use the official form at https://www.uscis.gov/i-130.
2. Prepare the Affidavit of Support (Form I-864). The form and instructions are at https://www.uscis.gov/i-864. Read the instructions closely; this is a binding contract.
3. Collect supporting financial evidence: tax returns, pay stubs, and any asset proof needed to meet 125% of the guideline.
4. Submit the packet with the Green Card filing (adjustment of status) or at the National Visa Center stage (consular processing), following your case track.
5. Respond to any Requests for Evidence (RFEs) quickly, especially if asked to update pay stubs or add an employer letter.
6. After approval, remember the sponsor’s legal duty remains in place until a listed end event occurs.

Practical planning tips for sponsors

• Budget for the long term. The duty can last close to 10 years, so plan for job changes, health issues, and moves.
• Keep records. Save proof of any money you give for your spouse’s support — organized records help if questions arise.
• Review household size carefully. Miscounting people can push you below 125% and cause delays.
• Don’t ignore income dips. If your salary recently dropped, use assets or a joint sponsor before filing.
• Be ready for strict enforcement. If your spouse gets means‑tested benefits, the bill can come to you or a joint sponsor.
• For active duty military sponsors, confirm the 100% threshold applies to your case and get exact numbers for your household size.

Common scenarios and examples

• Two‑person household on a tight budget: A U.S. citizen earns $24,500. The 2025 minimum for two people is $25,550, leaving a $1,050 gap. Assets of at least $3,150 (3 × $1,050) in cash value could bridge it.
• Recent job change with lower pay: Even if last year’s tax return is strong, USCIS looks at current income. Bring recent pay stubs and an employer letter; if short, add assets or a joint sponsor before filing.
• Divorce after the Green Card: The couple divorces two years after the spouse becomes a permanent resident. Because divorce does not end the sponsor’s obligation, the sponsor remains responsible until the spouse naturalizes, earns 40 quarters, leaves the country permanently, or dies.
• Means‑tested benefits used during a rough patch: If the sponsored spouse receives Medicaid during a health emergency, the agency can seek reimbursement from the sponsor and any joint sponsor. This can create significant financial pressure.

Meeting the rules without stress

Best practices for Form I-864:

• Follow instructions line by line.
• Double‑check household size and income math.
• Attach complete, legible financial documents.
• If using assets, show ownership, cash value, and how you can convert them within one year.
• If you need a joint sponsor, choose someone with stable earnings who understands the duty is enforceable.

When the obligation finally ends

There isn’t a fixed calendar end date. The obligation ends only when one of these triggers occurs:

• The spouse becomes a U.S. citizen
• The spouse is credited with 40 quarters (about 10 years) of work
• The spouse permanently leaves the United States
• The spouse dies

Until one of these happens, the duty continues. There’s no automatic end after marriage length or card expiration, and again, divorce does not end the sponsor’s obligation.

Where to find official guidance

USCIS keeps a detailed Affidavit of Support page with instructions and policy context at https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support. You’ll also find the official form pages for Form I-864 and Form I-130 linked above.

The Department of Health and Human Services updates the poverty guidelines each year, and USCIS applies those figures to the Green Card process. Immigration attorneys widely advise sponsors to review the latest numbers before filing, especially if income is close to the line.

The bottom line for couples: the Affidavit of Support (Form I-864) is a promise to back your spouse financially in the United States. Treat it like the real contract it is, prepare your financial file carefully, and plan for the long term. That approach protects your family and keeps your Green Card case on solid ground in 2025.