You do not appear eligible for employment authorization. You cannot seek adjustment of status in the United States until a visa is available to you. The spouse of a permanent resident must wait for a visa as they are not considered an immediate relative for purposes of immigration law. Employment authorization is a derivative benefit of a pending application for adjustment of status. You also are not eligible to adjust status based upon marriage to a lawful permanent resident even if a visa is available if you failed to maintain lawful nonimmigrant status. This requirement is excused for spouses of United States citizens.
Answered on Dec 02nd, 2015 at 4:25 PM