Tax is probably the least of your worry on this case. Unless your spouse becomes a US citizen, you might not be able to adjust. Since it seems 180days have passed sine the expiry of your I-94, you are in a very tricky situation. Talk to a good lawyer immediately and do not leave the country unless you talk to a lawyer, you might be barred from coming back.
Shah Peerally, Attorney at Law http://peerallylaw.com Phone (510) 742 587 President of Shah Peerally Law Group PC Newark CA Important: The above is provided for educational purposes only. You should not act or refrain to act solely based on the information provided. Cases differ and success in one case might not constitute guaranty of success in your case. We recommed to talk to a licensed attorney before you proceed. For more information on call us on 510 742 5887