Does Green Card Sponsorship Lead to Lifetime Alimony?

 Posted on July 15, 2026 in Family Law

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 often 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 in 2026 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? How Can it Affect Your Divorce? 

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, marital assets are 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.

Is a Non-Citizen Spouse Always 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.

One would think that 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.

Does I-864 Support Get Added on Top of Illinois Alimony, or Does One Offset the Other?

Because the I-864 obligation and an Illinois spousal support award come from two entirely different legal systems, they do not automatically cancel each other out. Spousal support is awarded under Illinois state law and is based on factors such as the length of the marriage and each spouse's income and needs.

The I-864 obligation exists separately under federal law and is based on a fixed formula tied to the Federal Poverty Guidelines. In practice, this means a non-citizen spouse could potentially be entitled to both an Illinois maintenance award and continued I-864 support at the same time.

However, federal courts have generally allowed a sponsor to reduce what they owe under the I-864 by the amount of any maintenance, income, or other support the non-citizen spouse is already receiving from the same sponsor. The two obligations are not usually meant to be paid twice over for the same support.

What Happens if I Stop Paying My Ex Alimony After an I-864?

Form I-864 is a legally enforceable contract. The immigrant spouse has the right to sue the sponsor (you) directly in federal court to enforce the agreement, separate from any state court divorce or maintenance proceeding.

Courts that hear these cases usually require sponsors to pay the full support amount owed under the poverty guideline formula, along with the sponsored spouse's costs of bringing the enforcement action in some cases.

A sponsor who fails to support their immigrant ex-spouse after a divorce can be ordered to pay the full support amount owed under the poverty guideline formula. Courts have also required sponsors to cover the sponsored spouse's attorney's fees and court costs in a support enforcement case.

Is it Worth Divorcing an Immigrant Spouse if I Signed an I-864?

Signing Form I-864 does not lock a citizen spouse into an unwanted marriage, but it does mean the financial side of a divorce needs to be planned very carefully. A family law attorney can review your Illinois divorce case to help you understand what you will likely still owe to support your ex after the marriage ends in spousal support payments.

This is important because the decision to divorce is rarely just about the relationship itself. It also means weighing the ongoing financial reality of the sponsorship against the benefits of moving forward with your life.

Divorce does not have to mean you’ll be uncertain about your finances forever. Working with someone who understands how Illinois state divorce law can help you make a clear-eyed decision about whether you want to get divorced.

Contact a DuPage County, IL Spousal Maintenance Attorney

If you are in a situation like this, talk to an experienced Wheaton, IL spousal support attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC. Whatever your divorce situation, our attorneys are highly skilled advocates serving family law clients from our offices in Kane County, DeKalb County, and DuPage County. Contact MKFM at 630-665-7300 to schedule an initial attorney meeting.