On my last reply I tried to explain what was, and is, doable but I totally agree with you on possible negative effect of getting married less than 90 days after arrival and doing things the right way.
I carefully read the case (through aila.org) that you mentioned to this thread but I find that Momeni's case differs completly from the issue that we are talking about.
In Momeni's case, there are two different processes involved - USCIS & Immigration Court- and things happened in reverse order: He entered the country, stayed longer than he was permitted to, got married. So far, so good. Unfortunatlly, he got detained before he applied for AOS (USCIS). On top of that, he applied for AOS as a way out from removal proceeding (formerly, deportation proceeding (Immigration Court)). But because he WAIVED his "right to contest" when he entered with his visa waiver he could'nt dig himself out. -- If you are in removal proceeding, you cannot use the AOS as a defense (contest to removal) and his petitioner's habeas relief in district court was worst thing you can do because you end up using the precious time barking at a wrong tree. Maybe the extreme hardship waiver during his removal proceeding could have worked better.
Copied from AILA - American Immigration Lawyers Association website
A Visa Waiver Pilot entrant may not contest removal through adjustment of status where he becomes eligible for adjustment of status and files the application after the 90-day period of admission has expired.
On November 30, 2005, Petitioner entered the United States as a tourist on the Visa Waiver Program with permission to remain in the U.S. for 90 days. In July 2006, Petitioner was taken into custody for having overstayed his period of admission. In September, Petitioner filed for adjustment of status based on his April 11, 2006 marriage to a U.S. citizen. Petitioner sought habeas relief in district court to compel adjudication of his adjustment application....