Didn't disclose Intention to Marry at POE

[Darnell 8,478]

well, before you jump, fill out a G-325 or 5,

sign about 5 blank ds-230s

get some quickie visa photos taken

and leave all with yer wife.

[pushbrk 12,881]

Since you are planning on returning home and following the CR-1 process it won't be a big deal. You may have entered on the VWP with the intent to get married but not with the intent to immigrate so it is a non-issue.

Someone else can correct me if I am mistaken, but I don't think you need to wait until you leave to start the petition. Unless you need to go home to gather some documents or something for the petition, there is no reason from the USCIS standpoint that you can't start it while you are in the US. You just need to return home for the interview and all is good.

It's certainly OK to file the petition while the foreign spouse is in the USA but I've seen USCIS make mistakes that cause delays in those situations. If he's leaving shortly, I would advise completing the I-130 indicating he is NOT in the USA, then delay signing, dating and filing the package until that statement is true. (He leaves). Otherwise, clearly indicate separately by writing in RED that the beneficiary will be doing Consular Processing, directly on the I-130 near where his current presence in the USA is indicated.