Does Green Card Sponsorship Lead to Lifetime Alimony?

 Posted on August 31,2024 in Divorce

Divorce issues, including spousal support, are usually complex and emotional. When you add a non-citizen spouse into the mix, the complexities can grow exponentially. Green card holders are immigrants to America who have permanent residence status rather than full American citizenship. This status is usually obtained through marriage to a U.S. citizen.

Few U.S. citizens who marry a non-citizen fully understand the long-term implications of signing a USCIS Form I-864, also known as an Affidavit of Support. Once signed, the I-864 form creates a sponsor obligation that requires the U.S. citizen to annually support the immigrant at an amount equal to 125 percent of the U.S. Poverty Guidelines.

The sponsor/spouse must continue to support the non-citizen spouse until he or she becomes a U.S. citizen, permanently leaves the United States, earns 40 work quarters (10 years) credited to Social Security, or dies. You may have noticed that divorce is not on the list. So, does this mean that when a U.S. Citizen divorces a spouse who has permanent residence status, the immigrant spouse will have to be supported…forever?

Because your "contract" through the I-864 sponsorship is with the Federal government rather than the state of Illinois, the answer can be both "yes" and "no." The most important step you can take should you find yourself on either side of this situation is to contact a knowledgeable Wheaton, IL spousal support attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC. We will look at your situation from every angle, answer your questions, and then work toward the best outcome possible.  

What is an I-864 Form?

The citizen spouse must sign a contract (I-864) with the Federal government promising to support the non-citizen spouse financially. In most cases, even if the couple divorces, the citizen spouse must continue to support the non-citizen spouse.

During the divorce, the assets will be divided under the equitable distribution laws of the state, which means that the marital assets will be divided fairly but not necessarily equally. The goal of the I-864 form is to ensure the citizen spouse remains obligated to provide financial support so that the non-citizen spouse does not file for public benefits. It is also meant to keep people from marrying solely for immigration reasons and then divorcing soon after the marriage.

Does This Mean a Non-Citizen Spouse Will Be Awarded Spousal Support in a Divorce?

Whether or not a divorce decree includes an award of spousal support, the citizen spouse must still support his or her ex. Once a U.S. citizen completes and signs Form I-864, they become the noncitizen’s sponsor, regardless of how their relationship turns out in the future. Those who sign this form must show they have enough income and assets to maintain the non-citizen spouse and others in the household at 125 percent of the Federal Poverty Guidelines. 

The contract principle of "mitigation of damages" would require the non-citizen spouse to find a job and attempt to become self-supporting before claiming the full support amount from the sponsor. Yet U.S. courts have held that nothing in U.S. immigration law requires the non-citizen spouse to mitigate damages in I-864 cases. Even in cases where the non-citizen spouse lives with another person who is fully supporting him or her, courts have consistently held that the initial sponsor must uphold the agreement of support.

Contact a DuPage County, IL Spousal Maintenance Attorney

If you are a U.S. petitioner in a situation like this, it is wise to consult an experienced Wheaton, IL spousal support attorney from MKFM Law. We may be able to work out a settlement with your immigrant ex-spouse that offers a one-time payment in return for giving up ongoing support. Whatever your situation, our attorneys are highly skilled advocates serving family law clients at our offices in Kane County and DuPage County. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300 to schedule an initial attorney meeting.