Am I a dependent for the Affadavit of Support?

[amykathleen2005 441]

I am currently living at home with my mom because I have just graduated college. I have always been claimed on her tax returns. Right now I have my own full time job and have also been filing my own returns for the past two years. My question is for the Affidavit of Support (she is my co-sponsor) should I be listed as one of her dependents? If so am I wholly or partially dependent?

I am the USC petitioner so I will be submitting my own Affidavit of Support as well.

[Gary and Alla 3,694]

I am currently living at home with my mom because I have just graduated college. I have always been claimed on her tax returns. Right now I have my own full time job and have also been filing my own returns for the past two years. My question is for the Affidavit of Support (she is my co-sponsor) should I be listed as one of her dependents? If so am I wholly or partially dependent?

I am the USC petitioner so I will be submitting my own Affidavit of Support as well.

In the past I would have said you do not as a dependent as you are the USC and do not need a co-sponsor and you are counted on your own I-134. That said, at least some consulates do count it that way if you are claimed as a dependent on her most recent tax return.

Since there are no "rules" for the I-134 and the consulate makes a subjective judgement it would be prudent to consider that they will count you as a dependent and proceed accordingly. As far as the "wholly or partially" goes, there is nothing in the I-864 guides for a "partial dependent" or what they would count as, and there are no guides for the I-134 per se. Again, prudence would say to consider yourself wholly dependent and plan accordingly.

You could always email the consulate and ask how they consider such things.