Had you entered on an actual non-immigrant visa (i.e. B-2) and overstayed and then married your USC spouse, you would be able to seek adjustment of status and have been granted a waiver for the overstay period. Unfortunately, in your specific circumstances, since you overstayed on a VWP (no actual visa) and did not file for spousal adjustment of status within the 90-day period granted you under VWP (a very small window) you will be required to consular process in order to move forward on any USC-sponsored effort to seek permanent residence based upon your contemplated upcoming marriage. You should plan to depart prior to 180 days from your last authorized date under VWP before you trigger the 3 or 10 year bars under IIRAIRA if you seek to return under your future wife's sponsorship.
Answered on Sep 21st, 2012 at 10:12 AM