Tax Return Question

[BlueWillow 0]

My husband had his visa interview on the 17th of January at the US embassy in London. He and I were sent away with a blue slip requesting that we get a copy of his joint sponsor's (my brother's) tax return, because the W-2, payslips and letter from the Department of Veterans Affairs describing the military pension he receives were not enough. We hadn't brought in a copy of his tax return because he told us he didn't have it, and we were not aware that we could ask him to request it from the IRS.

So we got in touch with him as soon as was possible following the interview, and asked him to provide us with a copy of his 2008 tax return and his 2008 W-2. Yesterday he sent us both. As soon as I saw his tax return I had one major concern. During the interview, the consulate officer said he wanted to see the tax return complete with the pension. My brother has claimed the pension (which amounts to $11,052). His wages for 2008 amounted to $12,194. So altogether he more than meets the poverty guideline amount for a household of two, himself and my husband. What concerns me is that, while he claimed his pension, he listed his adjusted gross income as being only the amount of the wages from his job. On the I-864 he has provided us with (we asked him to fill out a new one), he lists the full amount of the wages and pension combined, as well as the amount of his taxable income. I am just concerned that the consulate officer will see the adjusted gross income figure and believe that he doesn't meet the guideline amount.

Is this something I need to be concerned over? I've asked my brother about it, and he says that the reason he filled the tax return out that way is that the pension is not taxable, and he is only supposed to give the taxable amount for that particular section (adjusted gross income). We will be sending off the copy of his tax return, the W-2 for 2008, the payslips, and the letter from the Department of Veterans Affairs in the next couple of days, so I'd like to make sure that I'm not missing something or worrying over nothing.

I would greatly appreciate any advice! Thank you!

[Cuchita 1]

I think he has to meet poverty guidelines for 3. Correct me somebody if I'm wrong.

[BlueWillow 0]

Thank you for your reply. Thankfully we know that isn't the case, as was clarified at the embassy. As far as my brother's income is considered, the household consists of the sponsor and the applicant (my brother and my husband), as my brother has no dependents and I am not considered part of the household.