My question is in the State of NY.

Hi. My brother petitioned for me back in 2001 and my priority date is about to become current. I current live in the US as out of status immigrant. However, I have a valid social security card and I have been paying taxes for about 12 years now. My brother will have to file an affidavit of support (i-864)t on my behalf. However, he was unemployed for about six months using unemployment benefits and only now he started working again. Looking at his income tax return from last year (2009), he cannot prove his has sufficient income to support me and he is now working as part-time.
However, I filed income tax and my income is more than enough to support me and my family. Can I use my income tax return to either help my brother in supporting me or use mine alone?

Thank you.