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I would advise you to be honest. My wife had a marriage annulled and even though we had not included it in any paperwork - after all, an annulled marriage means that it never existed - when we were asked if she had been married before, my wife answered affirmatively and explained that the marriage had been annulled. The IO asked if she had any paperwork to prove this and my wife answered No. She explained that she was 18 at the time (she is now in her late 30s) and that she no longer had anything from that time in her life. The IO was satisfied with that answer and there were no more questions about this issue.

Do NOT worry about that part. Assets of the intending immigrant can exclusively be used to meet the financial requirements. We were in the same situation - I have assets but my wife has little and also has not held a job in almost ten years. You should be aware that your I-864 will be almost completely empty. This, too, is nothing to worry about as long as your assets are sufficient. Do not forget to include documentation of your assets in your application.

Interestingly enough, I ran into an internal checkpoint while my case was pending. I had no actual paperwork with me that would have shown my legal status in the US and I had the very same fears that you express, even more so since I had my daughter in the car with me and kept thinking about what would happen to her if police held me while determining my status.
So, I got pulled over and was asked for my drivers license. I had been in the US as an F-1 student until about eight years ago and still have a valid US drivers license, which I showed. I also have a very negligible accent and 90% of individuals have no idea that I was not born and raised here. If they detect something, they usually believe it's because I am from "up north" - I live in GA and have a NY license, apparently making this a tenable scenario.
To make a long story short, I handed over my license, was asked if I lived in Georgia - to which I answered that I did not (legally, I was not a resident of the US and hence, certainly not of Georgia either) but that my wife did. And that was it.
At our USCIS interview, I asked the IO what the proper protocol would be. She told me that I simply had to make sure I didn't get pulled over until I had my GC in hand... Great!

Interestingly enough, I ran into an internal checkpoint while my case was pending. I had no actual paperwork with me that would have shown my legal status in the US and I had the very same fears that you express, even more so since I had my daughter in the car with me and kept thinking about what would happen to her if police held me while determining my status.
So, I got pulled over and was asked for my drivers license. I had been in the US as an F-1 student until about eight years ago and still have a valid US drivers license, which I showed. I also have a very negligible accent and 90% of individuals have no idea that I was not born and raised here. If they detect something, they usually believe it's because I am from "up north" - I live in GA and have a NY license, apparently making this a tenable scenario.
To make a long story short, I handed over my license, was asked if I lived in Georgia - to which I answered that I did not (legally, I was not a resident of the US and hence, certainly not of Georgia either) but that my wife did. And that was it.
At our USCIS interview, I asked the IO what the proper protocol would be. She told me that I simply had to make sure I didn't get pulled over until I had my GC in hand... Great!

Interestingly enough, I ran into an internal checkpoint while my case was pending. I had no actual paperwork with me that would have shown my legal status in the US and I had the very same fears that you express, even more so since I had my daughter in the car with me and kept thinking about what would happen to her if police held me while determining my status.
So, I got pulled over and was asked for my drivers license. I had been in the US as an F-1 student until about eight years ago and still have a valid US drivers license, which I showed. I also have a very negligible accent and 90% of individuals have no idea that I was not born and raised here. If they detect something, they usually believe it's because I am from "up north" - I live in GA and have a NY license, apparently making this a tenable scenario.
To make a long story short, I handed over my license, was asked if I lived in Georgia - to which I answered that I did not (legally, I was not a resident of the US and hence, certainly not of Georgia either) but that my wife did. And that was it.
At our USCIS interview, I asked the IO what the proper protocol would be. She told me that I simply had to make sure I didn't get pulled over until I had my GC in hand... Great!

Even laws - and in this case, immigration laws - recognize that the blind application of law without regard for circumstance cannot be just. The purpose of family-based AOS is to promote the unity of family. It would negate the entire purpose of such laws if the pursuit of family unity involved first breaking up a family and bestowing children with undue and undeserved hardship. There are several parameters that need to be met - as established by law.
If you happen to not like this stance, then apply your own rule: Sometimes, life is not fair.

Even laws - and in this case, immigration laws - recognize that the blind application of law without regard for circumstance cannot be just. The purpose of family-based AOS is to promote the unity of family. It would negate the entire purpose of such laws if the pursuit of family unity involved first breaking up a family and bestowing children with undue and undeserved hardship. There are several parameters that need to be met - as established by law.
If you happen to not like this stance, then apply your own rule: Sometimes, life is not fair.

Like I said, life is not that black and white. You are wrong, neither of us has LPR anywhere else that would allow us to stay together as a family. In fact, we have not lived anywhere else in ten years (oh, I know it's mind-boggling) - hence, there is no place to file for consular processing. We do not qualify. No one is trying to cheat the system - some circumstances do not allow for any other way. Unless you think that tearing apart a functioning family with children is appropriate for the sake of bureaucracy.

Thank you - yes, the 11th has never really had any issues. However, when I first started out, I had no idea what the circuits were and all I ever read was VWP's get denied, etc. It stressed me out quite a bit. I would imagine others might be equally uncertain in regard to the various court policies.
I will, indeed, bring copies of everything. We'll even bring our daughter - not that we have much of a choice since we don't really know anybody where we currently live. We have been married for six years, and have plenty of evidence to share, if it should come to that.

Thank you! I do have insurance - which was no problem to obtain since I have a (still) valid NY license.

Basically, if you entered on VWP, got married, and then file for AOS within the 90 days, you are running a risk of getting rejected - or so rumor has it.
I, at least, have not heard of any actual cases where such rejections took place if the marriage was shown to be bona fide - but there certainly is a lot of talk about this issue, mainly because there is no set ruling to determine the outcome. Rather, the decision to grant permanent residency is left up to the IO. If he/she denies the application, the VWP entrant has no legal recourse. What I've garnered from various sources is that taking this express path is a big NO-NO. You can get married while on VWP, but you should NOT file for AOS while still here on the original entry permit.
Getting married and subsequently re-entering the US may be a problem for some - but I have personally done so in excess of 200 times and never had a problem. However, as I stated above, I ALWAYS entered with my USC wife/child and never by myself!
If you entered on VWP, got married, and file AFTER the 90 days - you will most certainly face rejection in the majority of jurisdictions. There is no legal recourse. Some jurisdictions may or may not grant an overstay AOS.
If you have legitimate(!) and compelling(!) reasons to file for AOS while here under VWP, the adjudicator will likely grant your request. USCIS does provide this option for a reason. However, it is quite questionable what those legitimate and compelling reasons may be. Listing such reasons can be interpreted as conspiracy to commit fraud and thus, nobody will state what they know or think they know. Basically, if you have legitimate and compelling reasons, you'll know it and don't have to do any research on the matter - it's that simple.
I would think that USCIS makes sure that trying to adjust from VWP does not turn into the often-cited express path to a green card. Reasons to apply under these conditions must be absolutely compelling - and I have a feeling that having just gotten married and not wanting to be separated from your spouse is not reason enough. In addition to those compelling reasons, there also should not be any intent to immigrate when the VWP entrant arrives in the US - which can be very difficult to prove if the IO suspects that there was intent all along.
At any rate, since there is no legal recourse, trying to AOS from VWP is seen as a gamble. I don't think anybody can give you a break-down of percentages when it comes to denials - there are simply too many factors involved and a large number of those factors are not quantifiable but rather, discretionary. Nobody can see into the head of the particular adjudicator working your case. If you try to AOS from VWP, you need to be prepared that you might be denied and that there may be a ban.

I am sure that there is plenty of abuse - and in response USCIS has tightened it's enforcement of existing rules. Therefore, many VWP applicants experience rejection if they overstay their 90 days. However, such enforcement cannot preclude legitimate cases being processed.
I have no idea why you apparently pegged my thread as suggesting that there was intent to stay. I lived legally in the US for 15 years - partially with my current wife. We decided together not to live in the US. However, on our last trip to visit her parents, she decided that she might be interested in living here again. She had to do quite a bit of convincing to do before I consented to the idea, in part because we had made up our minds to stay in Central America (where we all lived quite happily). I know I don't owe you any explanation of my circumstances, but I find your allusions (and I do interpret them as such) to be rather obnoxious.

Indeed! As in: "your 90 days are up and you have not filed in a timely manner and are, therefore, in overstay." Same thing, you see? You have 90 days in the US and you need to file (and have USCIS receive) your application/petition BEFORE the 90 days are up. If you fail do to so, you are no longer legally present in the US. Thus, some USCIS offices argue, USCIS no longer has jurisdiction over you because your application would be equivalent to a request to stop deportation (or stop removal proceedings) - a legal request which a VWP visitor signs away when they enter the US as a VWP.

Incidentally, if you or your husband have assets, those assets can be counted to meet the requirement. In other words, if either of you owns a real estate, for example, you can enter the market value (minus mortgages, etc.) into the form. You can also count secondary vehicles (not your primary one, though).
Also, if you have money in Germany, you (as the applicant) are allowed to include it in the tally.
To give you an idea of what I mean: My wife is a USC and I am the person applying for adjustment of status. My wife has neither income nor any assets. I, however, do - and I can use my assets exclusively to meet the requirement without ever having my wife submit any proof of income/assets.

I am sure that there is plenty of abuse - and in response USCIS has tightened it's enforcement of existing rules. Therefore, many VWP applicants experience rejection if they overstay their 90 days. However, such enforcement cannot preclude legitimate cases being processed.
I have no idea why you apparently pegged my thread as suggesting that there was intent to stay. I lived legally in the US for 15 years - partially with my current wife. We decided together not to live in the US. However, on our last trip to visit her parents, she decided that she might be interested in living here again. She had to do quite a bit of convincing to do before I consented to the idea, in part because we had made up our minds to stay in Central America (where we all lived quite happily). I know I don't owe you any explanation of my circumstances, but I find your allusions (and I do interpret them as such) to be rather obnoxious.