I-485 on VWP?

[LadyBell94]

Thanks in advance to those who answer!
So here's my situation;
My husband is a UK citizen, and I am a USC. I stayed 6 months with him in the UK and then he flew back to the US with me where we married. He flew back to the UK a week later. He returned November 4, 2013 for the birth of our first daughter . We were planning on filing the I-130 while he was here (needed the birth certificate so had to wait for hers to arrive), and then he'd leave Feb. 1 when his stay on VWP ended. Well, we called the USCIS line with some questions on the I-130, and I was asked if we were filing the I-485. I said no, as we were trying to do everything legally.
She informed us we could file the I-130 AND the I-485 at the same time. She said we qualified for the I-485.
Is this true?
Guys, I have no idea what to do. He NEVER intended to immigrate while on VWP. He fully intended on leaving and doing the processing overseas! But after finding all this new information....neither one of us wants him to have to leave myself and our 6 week old daughter!
What do we do? Any information can help! I'm so lost!!

[rayb]

This is an area in which USCIS seems to waiver from a published rule, that a visa waiver entrant cannot Adjust status while on a Visa Waiver entrance. The worst that can happen is that your actual Adjustment interview can result in an Adjustment denial and order to return to UK and be processed as an immigrant. It is just as likely, however, that the Adjustment procedure will progress normally and result in an approval. I have seen a mother/daughter from Germany on Visa Waiver status adjust with no problems.

--Ray B

Thanks in advance to those who answer!
So here's my situation;
My husband is a UK citizen, and I am a USC. I stayed 6 months with him in the UK and then he flew back to the US with me where we married. He flew back to the UK a week later. He returned November 4, 2013 for the birth of our first daughter . We were planning on filing the I-130 while he was here (needed the birth certificate so had to wait for hers to arrive), and then he'd leave Feb. 1 when his stay on VWP ended. Well, we called the USCIS line with some questions on the I-130, and I was asked if we were filing the I-485. I said no, as we were trying to do everything legally.
She informed us we could file the I-130 AND the I-485 at the same time. She said we qualified for the I-485.
Is this true?
Guys, I have no idea what to do. He NEVER intended to immigrate while on VWP. He fully intended on leaving and doing the processing overseas! But after finding all this new information....neither one of us wants him to have to leave myself and our 6 week old daughter!
What do we do? Any information can help! I'm so lost!!