Affidavit of Support Under Section 213A of the INA Lawyer in Sussex County, NJ

The Affidavit of Support Under Section 213A of the INA (Form I-864) is a legally binding contract required for many family-based green card applications. In Sussex County, NJ, this document obligates a sponsor to financially support an immigrant until they become a U.S. citizen or earn 40 work quarters. Law Offices Of SRIS, P.C.

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Understanding the Affidavit of Support (Form I-864)

Last verified: April 2026 | Superior Court of NJ, Sussex Vicinage | New Jersey Courts

The Affidavit of Support Under Section 213A of the INA is a federal requirement, not a state law. It is governed by the Immigration and Nationality Act (INA) and its implementing regulations. The purpose is to ensure that immigrants seeking permanent residency will not become a public charge. The sponsor (who must be a U.S. citizen or lawful permanent resident) enters into a legally enforceable contract with the U.S. government to provide financial support. This obligation typically lasts until the immigrant naturalizes, can be credited with 40 qualifying quarters of work, departs the U.S. permanently, or dies. The sponsor’s household income must generally be at least 125% of the Federal Poverty Guidelines for their household size.

Official Resources and Legal Framework

handling this process requires understanding federal immigration law. Key resources include the official USCIS page for Form I-864 and the USCIS Laws and Policy site. The rules are demanding, and errors can lead to requests for evidence (RFEs) or denials. Consulting with an affidavit of support under section 213a of the ina lawyer near me Sussex County can help you correctly calculate income, assemble required evidence like tax transcripts, and understand the long-term implications of this commitment.

Procedural Insights for Sussex County Filers

While the affidavit is filed with a national immigration service center, sponsors in Sussex County must gather local documentation. This includes obtaining recent federal tax return transcripts from the IRS and current proof of income, such as pay stubs or an employer letter. If using assets to meet the income requirement, you’ll need bank statements and proof of ownership. An affordable affidavit of support under section 213a of the ina lawyer Sussex County can review your financial profile to identify potential issues, such as fluctuating self-employment income or the need for a joint sponsor, before you submit your package to avoid delays.

Determine if you need to file Form I-864 based on the immigrant visa category.
Calculate your total household income and compare it to 125% of the Federal Poverty Guidelines.
Gather all required evidence: tax transcripts, proof of citizenship/LPR status, and proof of current income.
Complete Form I-864 accurately, ensuring all household members and dependents are listed.
If income is insufficient, identify a qualifying joint sponsor or evaluate the use of assets.
Submit the signed affidavit with the immigrant’s visa application package to the correct lockbox or consulate.

Consequences of Sponsorship

Signing the Affidavit of Support Under Section 213A of the INA creates a serious, long-term financial obligation enforceable by the immigrant, any government agency that provides means-tested benefits, or the immigrant’s estate.

Mr. Sris
Founding Attorney
Bar Admissions: Virginia, Maryland, District of Columbia, New Jersey, New York
Former prosecutor and founder of Law Offices Of SRIS, P.C. in 1997. Mr. Sris leads the firm’s immigration practice, providing strategic counsel on family-based petitions and the associated financial sponsorship requirements.

Our Approach to Immigration Sponsorship Cases

Founded in 1997, Law Offices Of SRIS, P.C. operates with the principle of “Advocacy Without Borders.” Our team understands that the affidavit of support is more than a form—it’s a key part of uniting families. We take the time to explain the long-term obligations, help you gather the correct financial documentation, and strive to prepare a submission that is complete and compliant from the start to minimize processing delays for your loved ones.

Results may vary. Prior results do not guarantee a similar outcome.

Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 455-1520
By appointment only.

Available in Sussex County: Our New Jersey location serves clients in Newton, Sparta, Vernon, Franklin, Hamburg, Andover, Stanhope, and Hopatcong (partial). We offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only.

Affidavit of Support Under Section 213A of the INA FAQs for Sussex County

What happens if my income drops after I sign the Affidavit of Support?

It depends. The obligation remains legally binding regardless of a change in your financial circumstances. If the sponsored immigrant receives means-tested public benefits, the agency can seek reimbursement from you. Consulting with an affidavit of support under section 213a of the ina lawyer Sussex County is important if you anticipate or experience a significant income loss.

Can I use assets instead of income to qualify?

Yes. If your household income does not meet 125% of the poverty level, you can use the cash value of your assets. The total value of assets must generally be at least five times the difference between your income and the poverty guideline (three times for sponsoring a spouse or child of a U.S. citizen).

Who counts as a “household member” for the income calculation?

Your household size includes yourself, your dependents, any relatives you claimed as dependents on your tax return, the intending immigrant(s), and any other immigrants you previously sponsored under an I-864 that are still under obligation. Accurately calculating household size is critical and a common source of error.

How long does the sponsorship obligation last?

The obligation typically ends when the immigrant becomes a U.S. citizen, has earned 40 qualifying quarters of work (roughly 10 years), permanently leaves the United States, or passes away. It is a long-term commitment that survives divorce and other changes in relationship status.

What if I need a joint sponsor?

If your income and assets are insufficient, a joint sponsor can file a separate I-864. The joint sponsor must independently meet all the financial requirements. Both the primary and joint sponsor are jointly and severally liable for the support obligation, meaning a benefits agency can seek reimbursement from either party.

Related Legal Services in Sussex County

If you are dealing with an Affidavit of Support Under Section 213A of the INA in Sussex County, you may also need assistance with the underlying family-based immigration petition. For broader legal needs, our firm also handles matters such as business law and contract disputes. Explore our main New Jersey immigration hub or see how we assist clients in neighboring areas like Bergen County.

Page last verified and updated: 2026-04. The information on this page is for general informational purposes and should not be construed as legal advice. Immigration laws and forms change frequently. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your specific situation.