shameandremorse

Sorry to bump this thread, but there is one more issue which I am hoping someone may be able to address:

I read in another thread that whatever income the immigrant receives is counted 100% towards the 125% above poverty level income on the I-864.

My question is, do student loans taken out by my spouse to pay for school count as income? At the moment, we are both living on student loans and will be for a considerable amount of time. I do not have the income to support my spouse, only access to the same student loans which my spouse is also using to pay for school. Does anyone have any information on this?

Edit: The quote I posted above IS part of the contract. My mistake.

Thanks to those who have already responded. I am not sure that my spouse can't do that. Reading the affidavit of support, I found the following language (granted it's not part of the contract).

"If you do not provide sufficient support to the person who becomes a permanent resident based on the I-864 that you signed, that person may sue you for this support."

Sadly, I fear it may be in my spouse's nature to do this. Is there anyone on VJ who is familiar with this? Because, the contract was between myself and the US government, yet the language of the contract implies that the LPM may sue the USC for support despite not being a signatory. Help please.

Unfortunately, English does not have gender neutrals pronouns, so I am using "they" to add variety. Replace "they" with "he/she" if that makes it more readable. I do not wish to refer to the gender of my spouse, in case he/she reads this, I wish to obfuscate some details to avoid the possible wrath of my spouse.

My spouse and I have been together for many years now, and I apologize for posting under a different username, but I'm humiliated and don't want to be recognized by people we know.

Unfortunately, my spouse can be quite vindictive, and I am afraid they will try to do anything they can under the AoS just to cause problems for me. My spouse has actually already threatened such things, which is why I'm here.

First of all, my spouse has not had the ROC yet, that happens this year. I know it's possible for my spouse to remove conditions alone, and I really don't want to stop my spouse from living here in the US because outside of our relationship my spouse is extremely productive and has a bright future.

We're both students, and I do not have the means to support my spouse any longer as we both went back to school to build a better future for ourselves. My spouse has threatened to pursue the AoS in court against me when we divorce (my spouse wants the divorce, not me). I have read several times that my spouse can not claim means-tested benefits from the government for five years, and that the AoS is a contract between me and the government to reimburse the government for any means-tested benefits they pay out. But, I've also read that it takes a good lawyer to take that to court and I do not have any money as we're both living on student loans at the moment.

My fear is that my spouse will divorce me, and then out of spite will sue me for 125% of income support knowing that I will have to either take on more student loans to support them or drop out of school entirely to pick up a low paying job to support my spouse and myself. In this scenario, my spouse could continue on into a bright career and essentially destroy mine out of revenge, and I fear that my spouse is the kind of person to do this as they have already threatened to.

Can anyone clear up any misconceptions I may have about the AoS? Is it likely that my spouse will do this to me? If my spouse takes out student loans, do those count at all towards satisfying the income requirements? What happens if I do not have any income at all as we're both living on student loans at the moment?

Note: My spouse wants to divorce me. I do not hate my spouse at all, and do not wish to hinder my spouse's future, I still love my spouse very much. My spouse is suicidal and physically / verbally abusive at times, but I've tried to be there knowing that it's hard to be away from home. I would divulge more, but it's not worth knowing, except to know that I am not planning to swindle or harm my spouse, only see how to move on with my own life when my spouse divorces me.