Will the sponsor now have to give actual cash for the CR spouse and set them up with housing and everything else? If CR spouse is not working, but is an ex-spouse, how can the sponsor be assured the support is going only toward the CR spouse and not his (either girlfriend or new spouse)?
I have a feeling though I am not sure, that I already answered this question before. Anyway, I-864 obligation can only be terminated by a Court order, which is very difficult to get or automatically upon death or naturalization of the CR spouse. You will still be obligated to support the CR spouse even if s/he is remarried.
Your question is a bit unclear. To answer intelligently and completely an attorney would need to know the precise procedural history of the case. If you are saying the foreign national is a conditional resident then there are a host of issues an attorney would need to address.
I believe you are asking if the sponsor on the I-864 will be responsible for costs as part of a divorce settlement. See this Bar Journal article which discusses some of the issues with I-864 and especially how it has been used in some proceedings even post-divorce. You can search for it in the Florida Bar Journal website. The title is as follows: "Immigration Form I-864 (Affidavit of Support) and Efforts to Collect Damages as Support Obligations Against Divorced Spouses — What Practitioners Need to Know."
Finally, be sure to consult with an excellent immigration attorney and an excellent family attorney who can advise you and fully answer your questions after speaking at length about your situation.
If you are asking about the Affidavit of Support (I-864):
Affidavits of Support are contracts with the US government wherein the person who signed them agrees to reimbures the Federal government for the costs of certain means tested benefits, if the immigrant requires and is given those benefits. The US government can sue to obtain that reimbursement.
Affidavits of Support cannot be withdrawn once accepted by the government. They remain in effect until one of the following events take place:
1. The person for whom it was filed has legally worked for 40 quarters in the US.
2. The person for whom it was filed becomes a US citizen.
3. The person for whom it was filed permanently leaves the US.
4. The person for whom it was filed dies.
5. The person who submitted the Affidavit of Support dies.
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