Hi, I am going to get married to USC soon and we going to file AOS in the US.

I am so worried about my AOS because I came to the US with visa waiver programe and I overstayed more 180 days.

Recent decision from second circuit court (New York) doesn't look good for me at all and
there is a huge risk that my I 485 or I 130 will be denied because I overstayed my visa waiver programe.

I can't not leave the country because I will get 3 years ban if I go back to my home country.

What can I do if my i 485 or i 130 denided? Will I be able to apply 601 waiver afterward?

I don't think I can even re appeal or fight at immigration court because I used visa waiver programe.