CantThinkOfOne

The system is designed to identify fraud cases (positive cases). The way it is designed it has a very high sensitivity, but very poor specificity. That means they focus on having very few false negatives (cases that they think aren't fraud but turn out to be in reality after they let them in), but in return they end up having more false positives (cases that they say are fraud even though they aren't but since they are overly concerned they call it fraud). 
 
In addition to that it has a very significant impact on those who aren't committing fraud, despite the fact that they are the majority. The "number needed to treat" to prevent 1 fraud case is very high. That unfairly focuses on the criminals at the expense of those who are not.
 
Sorry I'm using terminology from evidence based medicine, but it is the best way I can explain it. Any time you institute a test you have to consider the impact it has on false negatives and false positives. You have to consider the number you need to test in order to catch 1 person.
 
It is my opinion that the system, as it is designed now, is not the most efficient and doesn't properly balance them out.

My bad! They've made that situation a lot clearer than when we filed I-130 - it was just a box for those in the US who will apply for AOS - nothing for those who won't. After looking at the current form again, answering items 46 and 62 should present no confusion.

Exactly.
 
And even more spot-on. Plus, did he just tell the OP he was gay for the heck of it...?

Not sure who suggested that you cannot file...? The advice to hold off until she left was just to help with the paperwork and an off-chance that they might confuse it with a pending AOS application. You can file at any time and it won't affect the chance of approval.
 
If you apply prior to her entry, then the off-chance that CBP asks about a pending petition raises the bar needed to show ties to return home.
 
Yes, she can visit additional times. However, at any visit through POE, she can be stopped, put through secondary, etc. This is true even once she gets a green card (albeit immigrant intent won't be an issue at that time). Nobody is guaranteed access to the US except US citizens. Getting extremely rough questioning without a perceived cause does happen, but it is rare.

Two points about your post:
1. You can't just send her back, she's not a parcel to be shipped back and forth (even though I know what you mean, or at least hope so)
2. Regardless whether you have started the immigration process for her or not, there's still a chance she gets "stopped and questioned like a terrorist", that's always a risk at POE

That's not possible. You can report verifiable facts (with documentation) and your experiences. They may or may not take it into consideration. You won't be notified if he ever files for ROC, if he is approved/denied, if he is deported, etc. Divorce, report what you can verify as fraud (not just cheating), and move on.

With husband and baby both US citizens, VERY unlikely she'll ever get a B2
  @KierenHby 
that made my day 

She can.. tho better off spending $165 on diapers. 

Maybe I am giving anyone false hopes (3 months is not realistic indeed, but way shorter than the whole year or more, if they qualify), but it's still may be a valid option for USC that for various reasons are located abroad. He did not mention any exceptional circumstance, but nothing pointing the otherwise either.
That can be waived with a simple call to the local US embassy, before any paperwirk is filed. If not qualifying, okay move on to the "normal" CR1/IR1 path.
What if he trusts your pesimism, goes the long CR/IR way, and after a while after approval (and the about one year of waiting) he is told he would have qualified.
Moreover, he asked for the fastest legal way.... that's the fastest legal way - PROVIDED ONE QUALIFIES. And yes, I have read the USCIS 2012 Policy Memorandum.
Goodluck OP 
 
P.S. Sorry if I unnowingly broke any ToS, mods please remove the "illegal" content, with pointing me to it. Thank you!

Maybe I am giving anyone false hopes (3 months is not realistic indeed, but way shorter than the whole year or more, if they qualify), but it's still may be a valid option for USC that for various reasons are located abroad. He did not mention any exceptional circumstance, but nothing pointing the otherwise either.
That can be waived with a simple call to the local US embassy, before any paperwirk is filed. If not qualifying, okay move on to the "normal" CR1/IR1 path.
What if he trusts your pesimism, goes the long CR/IR way, and after a while after approval (and the about one year of waiting) he is told he would have qualified.
Moreover, he asked for the fastest legal way.... that's the fastest legal way - PROVIDED ONE QUALIFIES. And yes, I have read the USCIS 2012 Policy Memorandum.
Goodluck OP 
 
P.S. Sorry if I unnowingly broke any ToS, mods please remove the "illegal" content, with pointing me to it. Thank you!

Maybe I am giving anyone false hopes (3 months is not realistic indeed, but way shorter than the whole year or more, if they qualify), but it's still may be a valid option for USC that for various reasons are located abroad. He did not mention any exceptional circumstance, but nothing pointing the otherwise either.
That can be waived with a simple call to the local US embassy, before any paperwirk is filed. If not qualifying, okay move on to the "normal" CR1/IR1 path.
What if he trusts your pesimism, goes the long CR/IR way, and after a while after approval (and the about one year of waiting) he is told he would have qualified.
Moreover, he asked for the fastest legal way.... that's the fastest legal way - PROVIDED ONE QUALIFIES. And yes, I have read the USCIS 2012 Policy Memorandum.
Goodluck OP 
 
P.S. Sorry if I unnowingly broke any ToS, mods please remove the "illegal" content, with pointing me to it. Thank you!