As a petitioner, even if you don't have income, you still have to fill out the I-864. You indicate there that you will have a co-sponsor. If your income is zero, then you have to put zero. If your brother-in-law has enough income to meet the poverty guidelines for the beneficiary's adjustment of status application, then the fact that you don't have income should not be an issue.
JP Sarmiento, Esq.
Write that you have no income on form I-864.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
I agree with my colleagues. In addition, without income, you probably have not filed taxes in the last three years. Under the instructions for the I-864, you should submit a short explanation why you have not filed. If it is because your income was "0" then the letter should say so. Go through the instructions before you submit the I-864.
You fill it out accordingly and still file. You will need a co sponsor.
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