B1/B2 visa holder applying for marriage green card

[Australian 0]

In the Guide on Filing an I-130 for a Spouse Inside the US, the warning at the top states (in part):

 

Quote

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

 

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

 

I am currently in the US on a B1/B2 visa, and will be married this weekend. We intend to submit I-130 & I-485 (and all other associated forms) as soon as possible, so I just want to know if I am actually required to leave the United States to start the process?

 

In my application for the B1/B2 visa I stated I was coming to the US to meet my fiancés family before we get married, and that I intended to return to Australia in March. My I-94 is good until April 5th 2021. Returning to Australia right now is not so easy due to COVID, so our intention is to marry and start the Green Card process for myself as the spouse of a US citizen (my soon to be wife). We were not planning to be married so soon, however we decided to marry sooner rather  than later to avoid any more separation. I was stuck in Melbourne for 7 months after my fiancé returned the the US in March... she left about a week before travel restrictions came in while I was waiting for my passport to come back from e US consulate.

 

So I sort of fall between these two... I came on a Tourist/Business visa, not intending to marry immediately, but at the time of submitting I-130, I-485 etc we will be married.

 

Thanks in advance for any responses, my eyes are opening up to the labyrinth that is USCIS!

Edited January 28, 2021 by Australian
Clarify the quoted part of the guide and also clarify my situation.

[aaron2020 11,651]

Go ahead and file to adjust status.

Immigrant intent is irrelevant when the spouse of a US citizen adjust status unless the US government has proof that you lied. 

[Dashinka 24,347]

Agreed, go ahead and submit the AOS after you get married assuming you are fine with not working or leaving the US for several months.

[aaron2020 11,651]

Several months means 6-8 months on average right now.  That's how long it's taking to get the EAD and AP after filing the I-765 and I-131.  EAD allows you to legally work.  AP allows you to leave the US and return without abandoning your AOS.  If you leave without AP, you are unlikely to be allowed back into the US and your AOS will be abandoned.  

[Australian 0]

Wow! Such prompt responses, most appreciated aaron2020 and Dashinka!