You seem a bit confused about the process.
1. There is no such thing as a fee waiver for an adjustment of status application filed based on marriage to a USC. The USC is required to show sufficient income to support you and the family and file an affidavit of support for that purpose. If the spouse is unable to show that level of income, the adjustment of status will be denied.
2. You have overstayed your visa and are currently illegally present in the United States. This means that if you walked into a USCIS office at this point and they reviewed your status you could easily be taken into custody and held pending removal from the United States.
3. You stated merely that you were out of status and did not provide any details. If your I-94 expired more than 180 days ago, you have triggered the mandatory 3 year bar to reentering the US (if you have been out of status for more than 365 days the bar is increased to 10 years).
4, If you have triggered either mandatory bar, you cannot leave the US before you obtain a GC or you will NOT be readmitted. This applies even if USCIS issues you an Advance Parol document. You still will not be permitted to reenter until you have either satisfied the bar or obtained a waiver of the bar. The waiver would probably take more than a year.
You seriously need professional help with this.