I864EZ or I864

[helpneeded 0]

I just got married. My wife and I have lived together for about 4 years. She is filing for Perm. Residence.

Has J1; Received letter confirming that she is NOT subject to 212.

My attorney's assistant wants me to sign and them to file the I864EZ but 2 people at USCIS (seperately) said "NO." We should be filing the plain old I864. They said the EZ would likely be rejected. Also, on the EZ, the second question which qualifies one to use the form clearly state: "I am using only my own earned income or retirement income, which is documented using IRS Form W-2." My W2 ONLY shows about $10.00 in 2005 from a p/t time job I had for tax year 2005. I am however well above 125% on my Self Employed income (the adjusted income on the 1040 is about 40k "household+2, her and me"). It says if you answer no, use plain I864. Is this a no brainer? I am rushed off the phone every single time I call the attorneys office. In her defense, the woman there works very hard but literally has a line out the door but I get very shot answers that I am not confident with. Also, they put on the form my GROSS "unadjusted income" (from schedule C "Self Employed"). Shouldn't I put (on I864) my adjusted income from line 22 of the 1040?

Evidence of employment:

I don't have 1099's but did make an employment letter. Will that be enough. Should I wait to get a certified copy of my IRS transcript prior to filing and should I include a letter from my bank that states current liquid assets just as an added measure?

The never had us fill out aI485 yet- not sure why and she would like to work during the process but they did not suggest she fill out an I765.

I know there are several (critically important) questions in this post but your help is GREATLY APPRECIATED!

Thank you and god bless.