Mithmeoi

So sorry, fellow Belgian, that you are going through this.
 
I would definitely include the marriage counseling things, as I think any person who will review your case will see that as an attempt to save your marriage, which you would not be doing at all if you did not hope it would still be fine (ie if it was not a bona fide marriage).  I would add anything that shows that you attempted to save the marriage (and not just for immigration, of course), as the people reviewing are still human, and they will see that the way we are, I think.
You can do this. Don't stay just for immigration purposes, as that is exactly the opposite of what you want to show. 

OP: Also this image from ACLU, https://www.aclu.org/other/constitution-100-mile-border-zone:

Awesome, thank you! Well in that case there is no benefit to me waiting to file if I can just bring an updated affidavit during the interview. Had no idea that was a possibility I thought it was a one and done. Changes everything. 

The rules are clear, make 125% to qualify on you own or not.  The current administration has nothing to do with this. If you are worried about this then you need to AOS now not later.
 
Also no your Canadian DL is not good. You are no longer visiting so you need a State DL. California also does not recognize foreign DL. 
 

Why would you wait? There is absolutely no pro in waiting. You will be out of status and it doesn’t matter who you are, if ice catches you, you’ll be in trouble before you can say married to USC. There will be more paperwork and if they deport you, more wait and more money because you will then have to file a CR1. If you file for AOS now, you’re not likely to get your interview before January, then just bring new tax returns then. 

You absolutely are and will be at risk of deportation the moment you are out of legal status. That is true even for those who enter legally. Legal entry does not protect you. You must MAINTAIN your legal status the entire time. I used to have F1 student visa and trust me, our DSO shared a number of horror stories from over the years of students who stayed past their F1 expiration date and got into major hot water. Just because you enter legally doesn't mean a damn thing if your visa and status expire.
 
And in the scenario that you come into contact with ICE, they are also not going to give a damn if you file AoS immediately. They will not say, "Oh really??? Wow our mistake, we didn't realize you wanted to adjust because of your income changes. Okay we'll back off until your AoS is adjudicated." They might act on the deportation order long before AoS can even be adjudicated. The process needs to be timed correctly. 
 
Wealth does not give anyone an advantage in how their case is adjudicated or how fast it is adjudicated. They don't deem wealthier couples more deserving of immigration benefits over poor couples. You either qualify due to the poverty guidelines or you don't. If you don't on your own income, you can get a joint sponsor and that allows you to qualify. That's it.

The sooner you start, the sooner you get your EAD and then you can work and contribute to the household. 

To be fair, the result is not having a legal status either way. The main item is you would be eligible for AOS so an IJ would be more likely to cancel removal hearings if you agreed to file for AOS. But it's not a cheap or enjoyable process to be detained or put in front of an IJ, so the sooner you can file, the better.

If you run into ICE, you think they would just let you go because you are married to a US citizen?  You don't think you would be detained?
 
If you think living in the US illegally is not risky, then it's your risk to take.
 
No one with experience here is going to tell you there are pros to going out of status and living in the US illegally.  

Best of luck.  
 
 

Pros - none.
 
Cons - you would be out-of-status and deportable.  Unlikely to be deported, but you would be living here illegally.  Under the Trump administration, nothing surprises me anymore.  

Pro - the sooner you start, the sooner you will receive work permit, green card, etc. It takes months after all . 
 
Con - the longer you wait, you can get out of status and be deportable. 
 
That's said, it's really up to you. There is no deadline for AOS so if you want to wait, that is fine. 

1. Keep all your receipts, tickets, photos, joint accounts, bills etc!  And keep them organized.  Helps make things go more smoothly and you'll have less of a chance of an RFE.  You don't have to submit EVERYTHING, I mean keep it within reason, but if they ask for something in the future that you haven't submitted already, you won't have to panic.
We went the Spousal visa route but for either visa, it'll make your life easier.  Especially when you get to removal of conditions on the green card and need proof that you are still living together.  
 
Congrats and I wish you the best with everything!
 

NickD,
...but if these newly-approved US citizens were already Legal Permanent Residents (which they would have needed to be for at least three years to qualify for naturalisation in any case), then they were already paying these taxes you mentioned above, and were doing so for years. Converting your immigration status from a Legal Permanent Resident to a Naturalised Citizen does not adjust your income tax obligations. You don't know what you're talking about.

1. I wish we had done the spousal visa. Please consider it. It would have been much better for us, in the end.
2. No. 

I have seen a lot of K-1 posters who wish, later, that they had gone the CR-1 route.  You might want to take a look at my comparison:
K-1
    More expensive than CR-1
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)
    Spouse can not work until she receives EAD (approx 3-4 months)
    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
CR-1
    Less expensive than K-1
    No AOS required.
    Spouse can immediately travel outside the US
    Spouse can start work if desired
    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US
    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US. 
 
All-in-all, the CR-1 is superior to the K-1 imo. 

Take care of yourself!!  Something isn't right here.........

Since you asked why AOS exists, I’ll provide an answer to that question and hopefully it will clear matters up. AOS exists to enable people to remain in the USA if they are immediate relatives of USCs but their plans or circumstances change after they arrive - eg someone arrives on a student visa, goes to university here and during the time they are here they meet and fall in love with a USC, get married and decide to stay. AOS is permissible from tourist visas provided that there was no intent to stay upon arrival. That’s not the case for you. You are already planning to immigrate and announced it to the world by means of posting it on a public forum. There’s no clearer intent than that! 
 
You need to file the I-130 and wait out the process like the rest of us. It is what it is. The fact that you have left it so close to school starting to file and it’s not “convenient” for you to wait a year or more for your wife’s visa is not the government’s problem or priority. That’s the choice you made.
 
Yes, some countries allow people to enter as tourists with the intention of staying. The US isn’t one of them. So what happened to you in other countries is irrelevant.
 
 
 

The i130 and spouse visa is the way to go. You're starting from the scratch since the old green card was abandoned. 

I would say move. California is overly expensive for no reason at all. There are lots of places with the same weather, food, etc at less than 50% of the cost. 75k a year will take  you miles further in Arizona than 150k a year where you are now.

I have lived in southern, middle, and northern Arizona.
Most locations, at least when I lived there, had swamp coolers...it's too dry for normal AC.
Also the temperature in the desert at night can be quite cold compared to day temperatures.
If I could pick where to live in Arizona, it would be in the northern part of the state.
Phoenix is too large.
Southern part is too barren and hot.
Northern part has hills/mountains that actually get snow.  So you might feel a little more at home there.
While the money won't be as much in smaller towns, the quality of life will far outweigh that imo.
 
Just be open minded and take advantage of wherever it is you decide to move to.  
Appreciate the people and customs... :-)
 
jj

Arizona is a very nice place to live.
Please don't try to change it.
Good states to live in are getting more difficult to come by.
:-)
 
jj

have you thought about colorado. 
 
colorado is expensive too (especially boulder that's where we live) but other places in Colorado are economical. Life is good here in colorado 

I would move. California is it's own country. They have so many taxes and the cost of living is extremely high in the bay area. Arizona gets a little warm granted depending on where you live, but it is definitely cheaper than California. California has some pluses, but there is no way in my opinion it outweighs the negatives. I live in Nevada , compared to Arizona it's about the same. But the nursing board here is pretty forgiving  I know some nurses and CNAs that said compared to California their license transfers we're easy and took less than a month. Another bonus, no state taxes, just federal, that's like getting a raise just by moving here. Compare options and see what is best. Work it out with your husband and see. They have good cost of living calculators online to help you compare cities, you can do one of those to get some good numbers.

It doesn't mean they are suspected of anything...just that they have been selected (random or due to specific circumstances like travel history, nature of work, etc.) for additional security checks involving their residence and work history, social media accounts, and other criteria.
 
The refusal letter would state that the visa is refused AND the underlying I-130 petition is being sent back to USCIS with a recommendation to revoke it. USCIS will then review the case and either reaffirm it or issue a NOIR. This process can take anywhere from a couple to several months. The NOIR has 30 days for a response. Upon receiving the response, USICS will either reaffirm the petition or deny it. If reaffirmed, the petition is sent back to NVC and then the embassy for a new interview. The embassy is not supposed to deny the visa for the same reason.
 
NOTE: trhe above does not apply to a refused K-1. Despite what some refusal letters say, a returned I-129F is not reviewed by USCIS and left to expire. No NOIR will be issued under current policy.

One... if it's for a K-1, he isn't your husband. So you really should stop saying it.. can cause a lot of confusion later especially with those photos already in the petition...
 
Two.... this may cause huge huge issues. If it gets through USCIS, the embassy may flat out deny the K-1 visa on grounds that it seems you're married already. Regardless of what "proof" you can show that you aren't, they are not obligated at all to look at any of it. It is always highly stressed to avoid any formal ceremony/parties that could even give a hint to it having been a wedding, let alone actually dressed up officially as a bride and groom...
 
Honestly I wouldn't be surprised if it gets denied at the embassy. What country is this for? Again USCIS may push it through, but the embassy doesn't have to listen to anything you say or anything you show them.... At this point either let it go and see what happens or try to withdraw the petition and remove those items and refile... and yes have to pay the fee again.