Mike Z

The answer to your question is YES and NO.
Yes, hire an attorney and No, do not hire an attorney.
Let me go over pros and cons.
On Pro side:
the real purpose of attorney is to protect your rights and make sure no error is made that leads to
denial of benefit you are statutorily eligible for.
I am currently on the last stage of my AOS and instead of approval I got RFE (after approval of I-130).
The main reason, as I see it, is that I didn't have an attorney during the interview.
And here is what happened:
I was NEVER in my life arrested or charged with any crime, anywhere. No DUI/DWI , nothing at all , nothing but very minor traffic tickets ( I didn't even get points on DL record for it!).
And I-485 unlike N-400 specifically says "excluding traffic violations".
Since I NEVER was arrested or charged of crime I NEVER admitted to the same and answered NO to relevant
application question.
However, during the interview I had an officer who specifically asked me "Not even a traffic ticket?" (after I answered NO to original question on i-485),to which I answered "I had traffic tickets".
He then went on to change my answer to YES , added in hand writing "traffic violation" and asked me to place initials
next to it.
A month later, instead of an approval I got the RFE saying "in your app and during the interview you admitted to have been arrested ... now submit an original letter of arrest disposition".
So, I had to hire an attorney (and I found a good one) to file a response who submitted the RFE reply.
Weeks later there is not even acknowledgment of RFE response receipt on USCIS.GOV page.
Had I had a competent attorney who went to interview with me he could have intervened and advised me not to place initials to YES and he would correct the newly hired USCIS officer that proper answer to this question should be NO since I have NEVER been arrested in my life or charged with any criminal violation.
So, this is just one example of when attorney can be helpful even if your case is million percent straightforward.
But here are the Cons to consider:
First, most attorneys charge obscenely huge amounts for nothing.
For example they will charge you some $2500 to $3500 and then make you
to do all the work (fill out all the forms) and after you fill everything out they will say
"now sign here and there" and then they will mail the package to USCIS.
If you paid a Kinkos employee to do all the copies of documents for you , you would end up with
$5-$10 bill. Since you yourself have to fill out forms, you could pay zero for it and, to be on safe side,
you could ask couple of your relatives or friends with good comprehension of English to go over and make sure
there are no typos or errors in your application.
Another $18 you would pay to send your package via USPS Express-next day delivery and , having spent $30 or so
you would have submitted exactly the same package as $3500 attorney would.
This ,of course, does not apply to good attorneys who may spend time with you , really analyzing your case and giving you advise, spending hours to fill out forms, but such attorneys are extreme rarity and most attorneys see their profession as a treadmill where fools are coming to pay them money in exchange for doing nothing.
Another big problem, again due to lack of ethical standards , is that in many cases attorneys will actually
damage your straightforward case.
Not only they don't do anything on your case while charging you for over 10 hrs of hourly rate to submit
your application, but on top of that they often hire poorly educated and low paid paralegals who , since they get paid little more than a cashier in Wallmart, populate your application with errors and some may turn to be very very costly to fix down the road.
So, hiring an attorney you risk to end up with insult and injury, not a best thing you can buy out there for 3 grands.
Now you have to consider all the pros and cons and make your own decision.
If I were you I would fill out all forms and submit by myself (just pay great deal of attention
to all and every single line and avoid by all means any typos and errors, even keep your application for days
before mailing, read and review it over and over during various times of the day as you get a chance and correct any and all typos/errors you may find. Ask someone to review and make sure all your answers are correct, have then read all questions to you and answer them and make sure all your answers are correct).
Make 2 copies of all forms submitted and put in a safe place your copies.
Once done with paperwork mail it to USCIS via FedEx or USPS Express, save the receipt.
Next you will be fingerprinted , issued EAD/TD and appointment letter for interview (assuming you fill out your paperwork with no errors and submit all the initial evidence to establish your eligibility).
When your interview nears then make a decision if you need an attorney.
If you decide to hire one make a very thorough research, make sure you are hiring a competent one. Do as much googling on a firm/attorney as you can. Get a list of few selected attorneys who have: good record, lots of presence on net, published , written books,attended seminars, praised by peers (check Martindale-Hubbel rating. The highest is AV) and etc.
Then pick up the phone and call to see attorney in person or talk over the phone.
If they say "Pay $XXX or WE WON'T TALK" then hang up immediately. May be it's a great attorney but you don't want to spend $200-$400 to just find out if he or she is.
Interview them as you would a plumber or a building contractor - you will be paying , they will be working for you and you should make sure they are truly competent , not just in paper but in real life too.
Ask pointed questions (not necessarily related to your case but find something relatively obscure to test how current the attorney is on current laws/rulings/case precedents).
This will help you to make a better judgment instead of blindly assuming that they are proficient.
If all checks and they agree to charge reasonable fee (interview lasts only 30-45 mins and you wait another hour or so to be called in) then you may pay relatively small fee in exchange for professional representation and to avoid situation like one I got myself into.
Tell your attorney NOT TO INTERFERE unless USCIS officer makes an obvious error or asks totally irrelevant to AOS forms questions.
If your attorney interferes , interrupts the officer and keeps telling you what to answer then the officer may grow suspicious that there is something wrong and this will cause major hurdles in processing of your case.
If you are lucky and the USCIS officer is experienced and knows his job well then you may not need any attorney at all. Google and find out if the local office had recently hired a lot of new officers. Older and more experienced the officers - higher chances you will pass the interview and be approved on the spot (assuming your case is straightforward and you submit all evidence needed with your application).
Good luck to you and all the best.

Wait, wait, wait....
Not a few hours ago you were saying that you had never heard of it carrying heavier weight than family ties and now you are referencing the exact method of determination I was referencing - in that the adverse factors are weighed and used in the discretionary decision and if those negatives outweigh the positives the case may be denied...
I think somebody is just a contrary bunny and likes to contradict with non-consequential itty bitty details.

Quick update from me - APPROVED
had interview yesterday. Not approved on spot.
(guessing we got someone who couldn't approve straight away but also possible IO wanted to review stuff.)
Received e-mail update now: I130/I485 approved.
will post a more detailed review later.
one thought though for now:
felt we had a pretty standard/straight-forward case but that did not mean it was simple in/out.
IO sure as heck asked a lot of questions (all very standard stuff seen previously, nothing evil) but felt like IO wanted to dig and do it by the book.
Didn't seem like IO had looked at the file until asked us in, i believe that did not help either.

I think you will find it much easier to gather evidence of a bonafide marriage (which is way more important than those areas you thought were red flags) of you cut the secrecy and get things in the open with his family.
That may be a question that comes up in your interview as well, sometimes they ask about the in-laws...have you even met them?
That seems more of a red flag than anything else...you can't get on his lease and all his bills are paid by his mom so you can't get on any of those...or his insurance....
Just advice but I would suggest finding a new complex that doesn't have ridiculous rules so you can be on the lease and come out to his family...the right moment never comes to say, "hey mom, had a secret wedding! Surprise!"

nice! did they sent you an update on I-130 only or did you also get an update on I-485?

just fyi, (i dont know why this bugs me)
you too came here under the VWP - Visa Waiver Program.
There is no such thing as an ESTA Visa.
you can therefore NOT overstay your ESTA.
/edit
from https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#TA7
The “Implementing Recommendations of the 9/11 Commission Act of 2007” (9/11 Act) amended Section 217 of the Immigration and Nationality Act (INA), requiring that the Department of Homeland Security (DHS) implement an electronic travel authorization system and other measures to enhance the security of the Visa Waiver Program. ESTA adds another layer of security that allows DHS to determine, in advance of travel, whether an individual is eligible to travel to the United States under the Visa Waiver Program and whether such travel poses a law enforcement or security risk.

I'll add this... do not meet with her under any circumstances. ESPECIALLY if she "wants to make up" and have sex with you. She could set you up for a false rape report and not only get the violence provision for AOS, but get you locked up.
Be aware, be safe.
Best of luck.
-SS

the op already married in the states so only CR-1 is feasible, no K1.
the risk is obviously larger; you were explicitly questioned at entry.
if it does come up in the interview, i'm not sure i would be convinced as an IO that, after being asked about this very topic, you changed your mind. its not a very convincing pitch in my opinion.
there will not be definite answer to your question as only you know your true intent and need to gauge the risk involved.
i would not do it.

He was asked about his intent. he specifically said he intended to leave and they've noted that on his file. He noted his knowledge of the K1 process.
I'm sorry but you don't KNOW he'll be okay and the risk is denial and deportation with no chance of appeal. If he'd never been questioned (I've never been pulled into secondary or asked any such qn) he wouldn't really be taking a risk but he said to the officer he knew about the process for K1 and that he intended to leave. It's just too risky to risk paying all the money to be denied and deported... separated in a very bad way, versus doing it the "proper" way.
This is of course my opinion and he is able to do whatever he wants.

I agree on the material misrepresentation possibility. Is it a huge risk? Maybe not. But it may also be on record that you said you wouldn't adjust and knew you were not supposed to, and since you entered on VWP you get no appeal if you are denied.
I would either file for a K-1 now or marry now and file for a CR-1, you can stay till the end of the 90 days anyway and still visit back and forth while it is processing.

In my case, I was a beneficiary and never saw it coming, my wife pulled the plug from under me. Before I came here, I had a great job, great benefits and family. Not only did I have to endure winter but I had to do crappy jobs just to survive. Just when I thought things were looking good, got a decent job, supported and loved my wife; she started making so many financial demands, temper tantrums, etc. I felt I was living to take care of her and the threat of "I will send you back" if you don't do ABC or D was always there. It was like I was living in prison or walking on egg shells and for what - a piece of paper?

if others have positive experience with A4 & the embassy is in a country that uses A4 sounds like you should be ok.
once you are in the states though, i would definitely use letter size. (guess at that point it will be difficult to get hold of A4 paper anyway)
even if the two are very similar, they may scan stuff and depending on the machine it can be inconvenient to change size or it will just cut parts at the bottom off.
as you point out yourself, i think the hassle of any problems down the line outweigh the hassle of reprinting

Actually you ARE here unlawfully. I understand that being told you are here unlawfully is upsetting for you but it doesn't make it incorrect nor give you the right to be quite rude to another member. Your I-94 controls your status. Here's a link to explain the I-94 for you: http://travel.state.gov/visa/temp/info/info_1298.html
If you were to run into ICE they CAN lock you in immigration jail. The ONLY reason you are unlikely to be deported (yet) is because the immigration judge would see you're eligible to AOS (due to your marriage) and would order that you do so ASAP.
Please read this link: http://www.visapro.com/Immigration-Articles/?a=1484&z=46 which explains the terms. You'll note about halfway down the page it says "Out-of-status (Unlawful Status) Vs Unlawful Presence". See how the words "unlawful status" are enclosed in brackets after "out-of-status"? This means those two terms mean the same thing. Read that link and it should explain it for you.
If you are still confused I encourage you to speak to an immigration attorney who hopefully will be able to explain it in a way you can understand. Again. You ARE here unlawfully. You ARE accumulating unlawful presence which if you were to leave without a GC would get you a ban.
I should also mention that volunteering for your wife's workplace is illegal work IF you are taking the place of a regular paid worker OR you are planning to work there PAID once you get your EAD/GC. Just be aware of this as well.

You must think IS or DOES not was or has. See the bold above.
The qualified cosponsor provides the same affidavit and documentation the primary sponsor (you) provides. However, for the self employed, "current income" comes from line 22 of the 2011 tax return.
Please stop debating what you think "should be". It is what it is. This ain't my first rodeo. Take it to the bank.

well, at this late stage -
if it still hasn't been cashed,
then (at an infopass appointment)
you could claim the entire casefile was submitted in error, then show the divorce paperwork you are filing.

My suggestion is that you should turn the CAPS lock off, it is really annoying.

to give you some guidance what people mean by patience, it might say "acceptance stage" for a month. or two.

You are WRONG! The state DOES take international fees from students that are not residents. You need to get your facts straight first. Jim only talked about "California", IF the person attended High School there.

well, whilst i agree with this in principle, please read the first sentence of his response. (and go back to that post to double-check)
this has nothing to do with in-state tution as he is responding to someone being able to attend university whilst paying international fees.
he seems to refer to the fact that unfortunately they can attend university despite being illegal. (his next sentence then states whats even worse - the part about in state tuition.)
maybe JimVaPhuong can clarify...

scandalous! they want an education ?!?!
so you mean because they are illegal they really shouldn't get an education in the first place?
and with the in-state tuition, college is pretty much free anyway right?
still laughing...

Why unfortunately? and why "never be able to work legally"? There are so many possibilities after education here. An employer can sponsor you. USC spouse can sponsor you. When a someone has spent all their life here, especially if they came here at a very young age, all they know about is the US. I don't think it makes sense to send them back as all they know about is US. But that different from the OP's scenario. Anyway, state is taking high tuition fees from students who are not resident of US in exchange for the education they are providing. I think it's fair. Whether the person goes back to his home country or finds a legal way to work in the US.
It seems that OP has almost all his family here and has been here for a long time, getting his education here, has his girlfriend here. Going back doesn't seem to be an option. I think just wait until your girlfriend is USC, marry, apply for AOS. Best of luck!