When Does the Financial Obligation Under the I-864 Affidavit of Support Become Irrevocably Binding?

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The Sponsor’s financial obligations to the sponsored immigrant do not begin until the immigrant obtains green card status (conditional or permanent). It is not binding upon execution and submission. The sponsor may withdraw the affidavit at any point up to the time the sponsored immigrant is granted green card status based on the submission of the affidavit of support. At that point, the sponsor can no longer withdraw support and the obligation lasts indefinitely until:

  1. Citizenship. If the immigrant becomes a U.S. citizen.
  2. Work Credits. If the immigrant receives credit for 40 quarters of work.
  3. Departure. If the immigrant is no longer a permanent resident and departs the U.S.
  4. Another Sponsor. If the immigrant obtains status based on another sponsor.
  5. Death. If the immigrant or sponsor dies.
In addition to the Government being able to enforce this obligation, the immigrant can also 100% privately enforce the agreement in federal court to obtain financial support from their sponsor(s). Divorce does not end the obligation.