RELAX!! I've got good news for you: YES, you can apply for your husband immediately! File all Forms I-130, I-485; EAD application, and of course the Affidavit of Support (Form I-865) - make sure to read (and properly understand all the instructions).
All the details you are giving do not matter anymore and are of no consequence. Once one marries a US citizen, as long as he/she was previously lawfully ADMITTED into the country, IT DOESN'T MATTER if one overstayed ("illegal") one's visa! (Many "sins" are forgiven to one who has married a USC..)
Best of luck to you two! Enjoy the beautiful labor day weekend!
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
So, you are a US Citizen. Go file I-130 and I-485 concurrently with the supporting documents. The first thing should be to make an appointment for his medical exam. since it takes some time. You may want to meet with an attorney for speedy preparation.
I agree with my colleagues.
Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.