Many immigrants to America have “permanent residence status” instead of full citizenship. This means they have legal permission to be in the country. Most spouses who are permanent residents obtain their legal status through their marriage to a legal citizen. We call these residents “green card holders.” While your spouse will need to work through their own immigration law questions, the divorce will affect you uniquely too. Typically, the spouse who is a citizen must sign a contract with the Federal government agreeing to financially provide for their non-citizen spouse.

You still have to sponsor your spouse if you are divorced.

You may feel you are off the hook once your divorce papers are finalized. However if your ex-spouse is a green card holder, and gained it through your marriage, this is not true. Even if they receive half the property from your marriage, you remain obligated to provide them financial support to ensure they are not eligible for public benefits (food stamps, unemployment benefits, etc.). This also helps disincentivize people from marrying solely for immigration reasons and then divorcing shortly after – you remain on the hook for their financial well-being, rather than the United States government. Even if your divorce judgement does not require payments like alimony or spousal support, you still must support your ex-spouse. This is because your divorce judgement is issued by a State Court. Immigration is regulated by the Federal government, which is not bound by State Court orders. The contract you will have to complete (The I-864 Affidavit of Support) still requires that you support them so they do not live in poverty.

A Few Other Important Things to Consider.

It is important to remember that the contract to support your ex-spouse is between you and the Federal Government. Your ex-spouse is under no legal obligation to support themselves following your divorce. As your spouse’s original sponsor, you alone are responsible for ensuring they do not need public benefits. Therefore, it is in your own interest to keep your relationship cordial and respectful. If you refuse to support your ex-spouse and they apply for public benefits (like food stamps, medicaid, etc.) the public agency may grant them the support and then take you to court to reimburse them. Complying with the agreement and avoiding unnecessary attorney fees and court costs is in your own interest.

When Does My Sponsorship Responsibility End?

There are very few conditions in which you no longer must support your ex-spouse financially. These possible options include:

• They become a U.S. Citizen
• They have worked 10 years (or have 40 work quarters)
• They leave the U.S.
• You or they die.

Divorcing a Green Card Holder: Summing it Up

If your spouse originally received permanent residence by marrying you, you will be responsible for their financial well-being for many years following divorce. If you don’t support them, public agencies may step in for you, and take you to court for reimbursements. Keeping a good working relationship with your ex-spouse, helping them support themselves and move toward citizenship are all better solutions than trying to avoid payments and responsibility.

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