A.1 Yes.Under Section 213A of the INA, I 864 creates a binding contract that imposes an obligation on the sponsor of a sponsored immigrant to insure that the immigrant had available support at or above 125 percent of the federal poverty line depending on the size of the family unit. This obligation is independent of spousal support and continues until the occurrence of one of several statutory termination events. Divorce is not one of them. Form I-864EZ support is enforceable in New Jersey courts.When the action involves a claim between spouses, it should be enforced in the Family Part by the sponsored immigrant. See R. 5:1-2(a).


A.2 A minimum standard or floor is set by INA 213A, i.e., 125 percent of the Federal Poverty Line for the appropriate family unit size. 8 U.S.C.A. § 1183a(a)(1)(A).
Although Form I-864EZ support is an independent obligation, it is impacted by other monetary obligations set by the court in a matrimonial action. Therefore, after setting spousal and child support and equitable distribution, the court should only consider Form I-864EZ support if the sponsored immigrant's sources of support fall below 125 percent of the Federal Poverty Guidelines for the family unit size.
The sponsored immigrant is expected to engage in gainful employment, commensurate with his or her education, skills, training and ability to work in accordance with the common law duty to mitigate damages.