Is the I-864 Sponsor responsible for the support of my children until they are 18?

The sponsor who signed  the I-864 Affidavit of Support for you and your children is legally obligated to financially support you and your children until one of the 5 terminating events occurs: The child becomes a U.S. citizens, works 40 quarters of coverage under the Social Security Act or can be credited with 40 quarters under the social security act, leaves the United States permanently, or dies. whichever comes first. The obligation to support the children may terminate by operation of law before the child turns 18 or even after the chld turns 18.

The key point is not the child’s age but the fact that you sponsored the child to the United States. You are responsible to support the child. The foreign spouse and children should be encouraged to become naturalized U.S. citizens as soon as possible. In most cases this will occur after three years. Once they are U.S. citizens the Affidavit of Support terminates as a matter of law. The child aquires qualifying quarters of work from a parent or step parent. The I-864 Contract terminates by operation of law when the child has 40 quarters as established by the Social Security Administration on an anual basis.  There are many factors that may off set your support obligation. 

It is important to discuss your obligations under the I-864 with Kyndra L Mulder, Esquire. Attorney Mulder is one of the most educated and knowledgable attorneys in the United States on the issue of the I-864 as a contract and disputes involving the I-864.