well that depends on how you entered the US... If you came witha fiance form, and got married within the alloted time and have yet to file, I believe there is a penalty that you must pay. If you were here as a tourist, etc. and you have not yet filed anything, (whether you have overstayed your tourist visa or not) you may need to return to your country, and have your spouse sponsor you to come back on an immigrant visa. If you don't already have an attorney, you can go to
www.atorneypages.com