I-485 form part 9 - public charge, which option should I choose if I'm a military spouse?

[danon 0]

Hi everyone! I am trying to fill out the I-485 form and in part 9 there is a following instruction: 

 

Each noncitizen who is subject to the public charge ground of inadmissibility in INA section 212(a)(4) must complete Item Numbers
57. - 66. A noncitizen is subject to the public charge ground of inadmissibility if the noncitizen does not fall under one of the
categories exempt from the public charge ground of inadmissibility listed below. If you fall under one of the exempt categories listed
below, please select the exempt category, and skip Item Numbers 57. - 66. If you do not fall under one of the exempt categories listed
below, select "I do not fall under any of the exempt categories listed above and will complete Item Numbers 57. - 66."

 

There are two particular options that I don't know which one to choose.

 

Spouse, Child, or Parent of a U.S. Active-Duty Service Member in the Armed Forces under the National Defense
Authorization Act (NDAA) (Form I-130 or Form I-360)

 

and

I do not fall under any of the exempt categories listed above and will complete Item Numbers 57. - 66.

 

I came to the US on a K1 and recently got married. My husband is Active-Duty in the military. I've read that when you are filing for AOS after K1 visa you don't have to include I-130 but now I am not sure if I should choose the first option and include the form or choose it and not include the form or just pick the second option?

 

 

[K1visaHopeful 2,867]

3 minutes ago, danon said:

Hi everyone! I am trying to fill out the I-485 form and in part 9 there is a following instruction: 

 

Each noncitizen who is subject to the public charge ground of inadmissibility in INA section 212(a)(4) must complete Item Numbers
57. - 66. A noncitizen is subject to the public charge ground of inadmissibility if the noncitizen does not fall under one of the
categories exempt from the public charge ground of inadmissibility listed below. If you fall under one of the exempt categories listed
below, please select the exempt category, and skip Item Numbers 57. - 66. If you do not fall under one of the exempt categories listed
below, select "I do not fall under any of the exempt categories listed above and will complete Item Numbers 57. - 66."

 

There are two particular options that I don't know which one to choose.

 

Spouse, Child, or Parent of a U.S. Active-Duty Service Member in the Armed Forces under the National Defense
Authorization Act (NDAA) (Form I-130 or Form I-360)

This is if you were filing a CONCURRENT I130 and I485 after MEETING your new Military spouse in the US as a noncitizen legally in the US already.

This is not you. 

3 minutes ago, danon said:

and

I do not fall under any of the exempt categories listed above and will complete Item Numbers 57. - 66.

As a K1, that is you. 

3 minutes ago, danon said:

I came to the US on a K1 and recently got married. My husband is Active-Duty in the military. I've read that when you are filing for AOS after K1 visa you don't have to include I-130

That is correct. 

3 minutes ago, danon said:

but now I am not sure if I should choose the first option and include the form

You are not included in that category to.

3 minutes ago, danon said:

 

or choose it and not include the form

Cannot choose it. 

3 minutes ago, danon said:

 

or just pick the second option?

 

 

Yes. 

[danon 0]

12 minutes ago, K1visaHopeful said:

This is if you were filing a CONCURRENT I130 and I485 after MEETING your new Military spouse in the US as a noncitizen legally in the US already.

This is not you. 

As a K1, that is you. 

That is correct. 

You are not included in that category to.

Cannot choose it. 

Yes. 

 

Thank you so much, that was very helpful!