I just got off the phone with the INS and they got me confused as they even didn't know exactly what to do.

I came to the US under the VWP, while here my g/f asked me to marry me and I said yes and so we did.

I understand that I have to file an AOS but here starts the problem. I will need my birthcertificate and this may take awhile. My legal stay is going to expire soon so I'm afraid that I will become illegal.
Does filing I-130 help to remain legal till I receive my BC and file I-485 to adjust status?

The INS got me confused as they said I am not possible yo adjust status as I came here under the VWP.

But the INS site states :

"You may be ineligible for adjustment to permanent resident status if:

You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)"

As I am a spouse now I assume I am eligible afterall.

Does anyone know what is the right thing to do?

File I-130 seperately and wait till approval, than file I-485?
Wait till I receive my BC and file the wole package at once?
When I don't file before my experationdate will I become illegal and deportable?

Thanx in advance.

Fill out i-130 also include copy of your criminal waiver. Approach the embassy of your country of origin take your passport and tell them your situation and that you need your birth certificate. Hopefully they will be able too help you.
Mr Z

This is what happened to me. I came here with false name but got married to USC. He applied for my I-130 first, it took us 4 mos. to get approved. Meanwhile, you should get your birth certificate while waiting to be approved.After that, they instructed us to fill out some more forms and I think I-485 was one of them.I didn't have my birth certificate too at that time but they still processed my papers anyway. After one year they called us for AOS interview, still my family back home didn't get their acts together, I wasn't able to show them my BC because it wasn't available. They were ready to issue me an EAD but because I don't have my BC available, I wasn't able to procure it that day and never did up to this date, although I have my BC already but there's an error with my birth date. My parents tried to make an affidavit but still the affidavit they made was wrong. Instead of testifying that I was born on the 13th of this month they testified the other way around. They said because they really didn't understand English very well.So I need to make another affidavit.That's why I called myself so unlucky.
I think if your papers are in process you are in good standing with INS. It happened with me too, all had been submitted and approved but I never completed the I-601.According to my lawyer in NJ, I am in legal status because I processed most of them although it is still pending.
We just talked to the INS today, they advised us to transfer my file where I live now and inform Washington for an update.And also I can get my EAD tomorrow if I apply in person.

What is a criminal waiver and why do you have to fill this out? Do you know anybody submitting it and got approved?