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The ImmiGreat Podcast by Wilner & O'Reilly
Divorced But Still Liable: The I-864 Support Contract That Won't Let Go
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You signed the I-864 to bring your spouse to the United States — but did you know that contract survives even after your marriage ends in divorce?
Think signing Form I-864 is just a formality? Think again. In this episode, immigration attorney breaks down why the Affidavit of Support isn't a moral gesture, it's a legally binding contract with the U.S. government AND the immigrant you sponsored.
Learn why:
✅ Your I-864 obligations can outlive your marriage — even after divorce
✅ Sponsored immigrants can sue U.S. citizens for breach of contract
✅ Prenups and family court support orders do NOT override I-864 obligations
✅ There's a dollar-for-dollar credit that can reduce what you owe
✅ Plaintiff's lawyers are now advertising these lawsuits on contingency
Practicing immigration law exclusively since 1999, our attorneys have seen a sharp rise in I-864 breach of contract lawsuits over the past year. If you've been served with one of these lawsuits, or you're a sponsor who wants to understand your risk, this episode is for you.
Contact us at wilneroreilly.com!
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⚖️ Disclaimer: This video is for informational purposes only and does not constitute legal advice. Consult a licensed attorney about your specific situation.
The Form I-864 is not a moral commitment. It's a legally enforceable contract that a U.S. citizen enters into with the United States government and the intending immigrant. More so, practically speaking, if you sponsor someone from a foreign country such as a spouse, you are entering into a contract with the United States and the intending immigrant to maintain them at at least 125% of the federal poverty guideline. What does that mean? It means that if the person that you sponsored, your spouse from another country, for example, if they receive certain types of federally means tested public benefits, such as welfare, the United States government can seek reimbursement from you, the United States citizen, of benefits paid to the intending immigrant. It also means that the intending immigrant can sue you for breach of contract. I've been practicing immigration law exclusively since 1999, and only in the past year have I seen these types of lawsuits come across my desk. For example, you marry someone from another country, the marriage ends in divorce, and the person that you sponsored has yet to become an American citizen, or they've yet to receive a certain amount of credited quarters to their social security earnings statements. In that case, the intending immigrant who is now a permanent resident in the United States can sue you for breach of contract. There are certain statutes of limitations that apply in federal court proceedings, but for the most part, you can be sued. Even if you have a prenuptial agreement, even if you had support obligations imposed upon you in the family court system, those are separate and apart from legally enforceable support obligations under the 864. There are certain lawyers out there who think the opposite, those lawyers are wrong. The 864 creates a separate legally enforceable contract that the intending immigrant who's now a permanent resident can sue you for breaching. There is, however, a dollar-for-dollar credit for every dollar earned, which would reduce your support obligations under the 864. I am not discouraging you from sponsoring someone. I am encouraging you to know the law. I'm also encouraging you, if you are a United States citizen that has been hit with one of these lawsuits, to contact us for further information on defending these lawsuits. If you are served with the lawsuit, it will come out of the blue. You will not be expecting it. These are new. There are plaintiffs' lawyers who are advertising these services on a contingency fee basis and dangling the carrot for clients to come in to hire them to sue you. We don't do plaintiff's work. We are here to defend you, the United States citizen who's being sued. Most sponsored immigrants going through a divorce don't know this remedy exists until they're told that it does. And most sponsors signing the 864 at the green card stage don't realize the obligation survives the marriage. The instructions on the form are clear. It's just not paid attention to, and now is the time that you need to pay attention to it. A signature on the form I-864 outlives your marriage. It outlives the relationship it was signed for. Be careful, be aware, and please contact us for further information at wilnerorilly.com.