well I met with a well respected lawyer from the dallas area this weekend. Here is the process that he has suggested that I take with my wife.
my wife entered legally in the U.S. with a passport and visa, and the INS officer gave her some restrictions on her passport and I-94 (NO COS & NO EOS). INS officer only have her 2 weeks to stay. She entered on july 21 and we got married on july 27.
for us to file for a K visa and for us to start the process while she is in the US still. she has 180 days to stay in the US without getting penalized with the 3 year ban. hopefully in Jan when my wifeneeds to go back her K visa will be ready and she can justgo back for the interview pick up the visa and come back and start her paperwork here with me!
I hope this really works out. the only bad part is that we got married 6 days after she entered the US. but we have tons of proof that we are "really in love" so hopefully INS will look at that. the bad part is that she has to leave and then come back in the US. and I am kinda scared of this since she had a hard time entering last time.
WISH ME LUCK. its going to cost me about 5K for everything (work permit, travel permit, etc....)