1. Does divorce end my I-864 obligation?
No. This surprises almost everyone: divorce does not terminate the Affidavit of Support. Your obligation to the U.S. government continues until your ex-spouse becomes a U.S. citizen, completes 40 qualifying quarters of work (about 10 years), permanently leaves the United States, or passes away. Courts have consistently enforced this — a divorce decree or settlement cannot cancel a contract you signed with the federal government. This is why you should understand the I-864 fully before signing. 2. If I make my spouse sign a prenuptial agreement, am I off the hook after a divorce?
No — not toward the government. A prenup is a private contract between you and your spouse; it cannot override your I-864 contract with the United States. If your ex-spouse receives means-tested public benefits, the government can still come after you for repayment, regardless of what the prenup says. At most, a prenup may let you sue your ex-spouse to recover what you paid — but the government's claim lands on you first. 3. My wife has a child from a previous relationship. Once the child turns 18 (or 21), does my support obligation for them end?
No — turning 18 or 21 does not end the obligation. If you sponsored the child (each sponsored family member requires their own I-864), your duty continues under the same four termination conditions: the child naturalizes, earns 40 work quarters, departs the U.S. permanently, or dies. Age-based milestones (18 or 21) matter for visa eligibility categories. For example, a stepchild must be under 18 when the marriage creating the step-relationship occurred, but they do not switch off an I-864 that is already in force. 4. If my spouse never uses any public benefits, does the I-864 still matter?
Yes. Even if the government never asks you for a dollar, the I-864 has a second life most sponsors don't know about: your sponsored spouse can enforce it against you in court. Federal courts have allowed immigrants to sue their sponsors (including ex-spouses after divorce) for financial support at 125% of the poverty line if their own income falls below it. In practice, this is the most common way the I-864 gets enforced, through the immigrant, not the government. 5. When exactly does my obligation end?
Only when one of these four events happens: (1) the immigrant becomes a U.S. citizen; (2) the immigrant is credited with 40 qualifying quarters of work — quarters earned by a spouse during the marriage can count toward this; (3) the immigrant permanently abandons the U.S. (gives up the green card and leaves); or (4) the immigrant passes away. Note what is not on this list: divorce, separation, prenuptial agreements, the immigrant turning 18/21, or simply "a long time has passed."
6. What if I have no income at all — can I still sponsor my fiancée or spouse?
Yes. Your obligation to file the I-864 exists even with zero income, you simply won't meet the threshold by yourself. You then have two paths: (1) use assets worth at least 3× the income shortfall (for a spouse/child of a U.S. citizen) — for a household of two with no income in 2026, that means roughly $81,150 in cash-value assets; or (2) find a joint sponsor who independently meets 125% for their own household. Common real-life cases: students, recent graduates, new business owners with weak tax returns, or petitioners living abroad temporarily.