Will Divorcing My Husband Affect His Ability to Sponsor His Mother?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My husband will try to sponsor his mom to come to America. If I divorce him, will that impact his sponsorship?
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Attorney Answer
Generally, no. Your husband's ability to sponsor his mother for a green card is based on his own U.S. citizenship and his relationship to his mother, not on his marriage to you, so a divorce would not by itself take away his ability to petition for her.
A U.S. citizen can petition for a parent as an immediate relative under INA § 201(b), and this category does not require the citizen to be married or to stay married. If your husband files, or has already filed, Form I-130 for his mother, that petition is his and continues to belong to him regardless of what happens in your marriage.
Where a divorce could matter is on the financial side. To sponsor a family member, the petitioner typically must sign Form I-864, an Affidavit of Support, showing they meet an income requirement. If your husband's income alone is not enough to meet that threshold, he may need a joint sponsor, or a household member, potentially including you, to sign an additional form supporting the petition financially. Under 8 CFR § 213a.2, if you sign as a joint sponsor or household member on an affidavit of support, that obligation generally continues even after a divorce. It typically only ends when the sponsored person becomes a U.S. citizen, has worked a certain number of years in the U.S., permanently leaves the country, or dies, or when the sponsor themselves dies. Divorce alone does not end that financial obligation.
What you can do
1. Ask your husband directly whether the I-130 petition for his mother has already been filed, and whether you have signed or are being asked to sign any affidavit of support documents. 2. If you are asked to be a joint sponsor or household member, understand that this creates a financial obligation that survives divorce, and consider that carefully before signing. 3. If you have already signed an affidavit of support, keep a copy for your records, since it may matter later regardless of the marriage's outcome.
Because your specific role in the sponsorship, and any documents you may have signed, affects the answer, this is general legal information and not legal advice. An immigration attorney, and possibly a family law attorney, can review your full situation together.
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Federal Immigration Resources
- Visit U.S. Citizenship and Immigration Services (USCIS) to check case status, forms, and official immigration guidance.
- Visit Executive Office for Immigration Review (EOIR) to find immigration court information and hearing details.
- Visit ImmigrationLawHelp.org to find nonprofit immigration legal-service providers near you.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
Does my husband need to be married to sponsor his mother?
No. Sponsoring a parent as a U.S. citizen is based on the citizen's own status and relationship to the parent, not on their marital status, so a divorce does not remove his ability to file or continue this petition.
What is a joint sponsor or household member on an affidavit of support?
It is someone who agrees to financially back a family-based immigration petition when the primary petitioner's income is not high enough on its own. It creates a real legal financial obligation, not just a formality.
If I already signed an affidavit of support, can I take it back after the divorce?
Generally, no. That obligation typically continues until specific events happen, such as the sponsored person becoming a citizen or working a set number of years, regardless of the sponsor's marital status.
