Someone has to file an I-130 on her behalf. If you file, as her spouse, she would be able to immediately get a visa and green card under section 201(b) of the INA. If her brother files for her, then she is a fourth preference applicant and it will be years before the priority date of the application comes current. It would be much, much better for you to petition. You should talk with an immigration attorney about this, and explain why you think you can't file for her.
Law Office of Keith S. Massey Jr. LLC, Lakewood, New Jersey. (732) 905-0353. http://www.masseydefense.com Answers provided for informational purposes only. None of the information contained herein is intended to create, nor creates, an attorney-client relationship, is not legal advice, and should not be used without first consulting an attorney.
You should petition her for a green card, and get a co-sponsor for the affidavit of support.
(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.
You never stated your brother-in-law's status. Is he a US citizen, or lawful permanent resident?
This response in no way establishes attorney/client privilege or relationship.