As the petitioner you have to file I-864 even if you have no income. The sponsor needs to provide his recent pay stab and the most recent tax return with w-2 form.
As a petitioner, you are to complete and file I-864, and submit it along with the supporting documents. If there is a co-sponsor, that individual also has to file the affidavit along with his set of documents. It is best to work with a professional to guide you with timely send the proper documentation and to complete this crucial step towards the AOS application.
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The petitioner must sign an I-864 independent of any other individual also signing the I-864. Please see an accountant to determine whether you are required to file an income tax return (if so, please file ASAP along with any penalties due, etc.) and if not, to provide a letter indicating that you are not required to file. Even if underemployed or unemployed submit pay stubs and W2.
Start by contacting an immigration lawyer.
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
A prime example of why people should not attempt to file for immigration benefits on their own.
It might seem easy enough, but it is full of pit-falls.
It's time to spend the money on an immigration attorney to try and get out of this little mess. It's fixable, but you must act quickly.
Law Office of Daniel M. Wigon - 916-447-8975. This should not be taken as legal advice. Consult with a local attorney before making a decision that could adversely affect your rights.