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

An Affidavit of Support Under Section 213A of the INA is a legally binding contract required for many family-based green card applications. In Monmouth County, this form (Form I-864) obligates a sponsor to financially support an immigrant. Law Offices Of SRIS, P.C. provides clear guidance on this complex requirement to help sponsors in Freehold, Tinton Falls, and surrounding areas understand their long-term obligations.

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What Is an Affidavit of Support Under Section 213A of the INA?

The Affidavit of Support Under Section 213A of the INA (Immigration and Nationality Act) is a federal contract, not a simple letter. By signing Form I-864, a sponsor accepts legal responsibility to financially support the intending immigrant until they become a U.S. citizen, work for 40 qualifying quarters (about 10 years), leave the U.S. permanently, or pass away. This obligation is enforceable by the immigrant, the federal government, or any state that provides means-tested public benefits. The sponsor’s income must meet or exceed 125% of the Federal Poverty Guidelines for their household size, which includes the immigrant.

Last verified: April 2026 | Superior Court of NJ, Monmouth Vicinage | USCIS.gov

Official Government Resources

For the official instructions and form, visit the USCIS Form I-864 page. You can review the underlying statute in the U.S. Code, Title 8, Chapter 12.

Handling an Affidavit of Support Case in Monmouth County

Cases involving the Affidavit of Support Under Section 213A of the INA are adjudicated by U.S. Citizenship and Immigration Services (USCIS) and the Department of State’s National Visa Center (NVC). While not filed in a local Monmouth County court, the financial documentation and sponsor qualifications are thoroughly reviewed. Common issues include insufficient income, the use of assets, or needing a joint sponsor. The process requires precise documentation to avoid delays or denials for the immigrant beneficiary.

Determine Sponsor Eligibility: Calculate total household income against the 125% poverty guideline. Include all dependents and the intending immigrant.
Gather Financial Evidence: Collect recent federal tax returns, W-2s, pay stubs, and proof of current employment.
Complete Form I-864: Fill out every section accurately. Mistakes can lead to requests for evidence (RFEs) or denial.
Submit with the Immigration Petition: File the completed affidavit with the appropriate supporting documents to the NVC or USCIS as part of the visa or adjustment of status package.
Respond to Inquiries: Be prepared to provide additional evidence if requested by the reviewing agency.

Sponsor Requirements and Obligations

In Monmouth County, a sponsor for an Affidavit of Support Under Section 213A of the INA must be at least 18 years old, a U.S. citizen or lawful permanent resident, and domiciled in the United States.

Requirement	Description	Key Consideration
Income Threshold	Must meet 125% of Federal Poverty Guidelines for household size.	Income from the immigrant can be counted if it will continue from the same source after immigration.
Asset Use	Assets can supplement income but must be liquid and valued at 5 times the income shortfall.	Real estate equity is often not considered sufficiently liquid.
Joint Sponsor	If the primary sponsor’s income is insufficient, a joint sponsor can file a separate I-864.	Joint sponsors are equally and separately liable for the support obligation.
Enforcement	The obligation is enforceable by a court if the immigrant receives means-tested public benefits.	The sponsor may be required to repay the government for benefits provided.

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

Why Choose Our Firm for Your Immigration Matter

Law Offices Of SRIS, P.C. was founded in 1997. Our firm handles immigration matters, including the details of the Affidavit of Support Under Section 213A of the INA. We work to clarify the obligations and requirements for sponsors in Monmouth County. If you need an affordable affidavit of support under section 213a of the ina lawyer Monmouth County, we offer clear guidance on this critical step in the family-based immigration process.

Mr. Sris
Managing Attorney
Bar Admissions: Virginia, Maryland, District of Columbia, New Jersey, New York
A former prosecutor, Mr. Sris founded the firm in 1997 and brings extensive experience across multiple jurisdictions to immigration and civil litigation matters.

Our Approach to Your Case

We focus on the details of your financial situation to ensure the Affidavit of Support is completed correctly. Our goal is to help you meet the federal requirements to support your family member’s immigration journey, aiming to avoid delays caused by incomplete or incorrect forms.

Contact Our Monmouth County Immigration Lawyers

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) 651-0900
By appointment only.

Our New Jersey location serves clients at Monmouth County courts and is accessible via the GSP, Route 18, and Route 35. We provide representation for individuals in Freehold, Tinton Falls, Red Bank, Long Branch, Asbury Park, Middletown, Holmdel, Marlboro, Manalapan, Howell, Wall Township, Neptune, and Colts Neck. If you are searching for an affidavit of support under section 213a of the ina lawyer near me Monmouth County, contact us for 24/7 phone consultations. Meetings are by appointment only.

Frequently Asked Questions: Affidavit of Support

What happens if my income drops after I sign the I-864?

It depends. The obligation remains legally binding regardless of future income changes. If the immigrant receives certain public benefits, the government or the immigrant could sue you to enforce the support contract. You remain obligated until the immigrant meets one of the termination conditions.

Can I use my retirement savings to meet the income requirement?

Yes, but with strict rules. Assets must be liquid and their value is divided by 5 to determine the income contribution they provide. For example, $50,000 in cash would count as $10,000 toward the annual income shortfall. Real estate is typically not considered liquid enough.

Does a divorce end my Affidavit of Support obligation?

No. The Affidavit of Support Under Section 213A of the INA is a contract with the U.S. government, not with the immigrant. A divorce decree does not nullify this federal obligation. You remain financially responsible until the immigrant meets the legal requirements for termination, such as obtaining citizenship.

Who can be a joint sponsor?

A joint sponsor must independently meet all the requirements of a primary sponsor: U.S. citizenship or permanent residency, domicile in the U.S., and an income meeting 125% of the poverty guidelines for their own household size plus the immigrant. The joint sponsor is equally liable for the support obligation.

What is the difference between Form I-864 and Form I-864EZ?

The I-864EZ is a shorter version that can only be used if the sponsor is using only their own income (not a household member’s) to meet the requirement, and the immigrant is the only person being sponsored on the current affidavit. Most sponsors with simpler financial situations can use the EZ form.

For more information, see our New Jersey Civil Litigation overview. We also assist clients in neighboring areas like Atlantic County and Bergen County. For other legal needs in Monmouth County, visit our pages on business law or contract law.

Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance on the Affidavit of Support Under Section 213A of the INA.